2016-29346 Reso RESOLUTION NO. 2016-29346
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SUPPORTING THE UNITED STATES COAST GUARD'S
PROPOSED MODIFICATION OF THE OPERATING SCHEDULE FOR THE 63RD
STREET BASCULE BRIDGE ACROSS INDIAN CREEK TO BE SET FORTH IN 33
CFR PART 117, §117.293.
WHEREAS, pursuant to Docket No. USCG-2015-0940 for 33 CFR Part 117, located in
Vol. 81, No. 32 of the Federal Register, the United States Coast Guard proposes to modify the
operating schedule that governs the 63rd Street bascule Bridge (the "Bridge") across Indian
Creek, mile 4.0, at Miami Beach, Florida; and
WHEREAS, the intersection of Indian Creek Drive and 63rd Street is one of the key
intersections in the City of Miami Beach and significant in the commute between North Beach,
South Beach, and downtown Miami; and
WHEREAS, the opening of the 63rd Street Bridge during peak hours causes major traffic
congestion, adversely affecting residents and commuters traversing the Indian Creek Drive/63rd
Street intersection; and
WHEREAS, modifying the Bridge operating schedule will reduce major vehicle traffic
issues during rush hour times; and
WHEREAS, the City of Miami Beach conducted traffic studies and reviewed Bridge logs
which showed a 45% increase in vehicular traffic from 7 a.m. to 10 a.m. and 4 p.m. to 7 p.m.,
with no corresponding increase in vessel traffic during those time periods; and
WHEREAS, based on these studies, the United States Coast Guard proposes to add a
new regulation for the operations of the 63rd Street Bridge, Indian Creek mile 4.0, at Miami
Beach, that would implement three closure periods, which would allow the Bridge to not open
for vessels during morning and afternoon peak vehicle traffic times; and
WHEREAS, the following schedule is proposed: (1) from Monday through Friday
from 7 a.m. to 7 p.m. the Bridge would only open on the hour and half hour; (2) from
7:10 a.m. to 9:55 a.m. and 4:05 p.m. to 6:59 p.m. Monday through Friday, the Bridge
would remain closed; and (3) from 10 a.m. to 4 p.m. the seven days before and the four
days following the City of Miami Beach Yacht and Brokerage Show the second week of
February, the Bridge would only open for ten minutes at the top of the hour. For federal
holidays,.weekends, and other times, the Bridge would continue to open for vessels on
signal; and
WHEREAS, these proposed changes will still allow vessels to pass through the Bridge
while taking into account the reasonable needs of other modes of transportation; and
WHEREAS, the City of Miami Beach supports the United States Coast Guard's
proposed modification of the operating schedule of the 63rd Street Bridge to ease traffic
congestion during peak hours.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby support the United States Coast Guard's proposed modification of the
operating schedule of the 63rd Street bascule Bridge across Indian Creek to be set forth in 33
CFR Part 117, §117.293.
PASSED and ADOPTED this 13th day of April, 2016.
ATTEST: � 0,/ •� '��, ,;;
*
INCORP ORATED:
•
Philip - 17 or•
zi f&i
Rafael E. Granado, C ty Clerk Nick./ 26� r
T:WGENDA\2016\April\Transportation\Resolution of the Mayor and City Commission of the City of Miami Beach Florid,-upporting the US Coast Guard proposed modification of the
operating schedule of the 63 street bascule bridge RESO.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR ECUTION
•
City Attorney D a et 12(
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,SUPPORTING THE UNITED STATES COAST GUARD PROPOSED MODIFICATION OF
THE OPERATING SCHEDULE OF THE 63RD STREET BASCULE BRIDGE ACROSS INDIAN
CREEK, PURSUANT TO DOCKET NUMBER USCG-2015-0940.
Key Intended Outcome Supported:
Ensure Comprehensive Mobility Addressing All Modes Throughout The City
Supporting Data(Surveys, Environmental Scan, etc): N/A
Item Summary:
On March 11, 2015, the Miami Beach City Commission held a public meeting to discuss
appropriate action for modifying the bridge operations. Additionally, the City conducted traffic
studies and reviewed the bridge logs which showed a 45% increase in vehicular traffic from 7 a.m.
to 10 a.m. and 4 p.m. to 7 p.m. with no corresponding increase in vessel traffic during those time
periods. Input from the public meeting and the traffic data was used to develop the proposed rule.
Pursuant to the City's formal request dated April 8, 2015(Attachment A)to the United States Coast
Guard (USCG), the USCG has published a Notice of Proposed Rule Making in the Federal
Register(Docket#USCG-2015-0940) in which the Coast Guard proposes to modify the operating
schedule that governs the 63rd Street Bridge across Indian Creek, mile 4.0, at Miami Beach, FL.
(Attachment B). This proposed rule implements restrictions that allow the bridge to not open for
vessels during peak vehicle traffic times. Bridge openings during peak vehicle traffic times cause
major traffic jams that may be avoided without negatively impacting vessel traffic on the Indian
Creek. Modifying the bridge operating schedule will reduce major vehicle traffic issues during rush
hour times. The Coast Guard proposes to add a new regulation for the operations of the 63rd
Street Bridge, Indian Creek mile 4.0, at Miami Beach.
The proposed regulation would implement three closure periods, which would allow the bridge to
not open for vessels during morning and afternoon peak vehicle traffic times. The following
schedule is proposed: (1) From Monday through Friday from 7 a.m.to 7 p.m.the bridge would only
open on the hour and half hour; (2)from 7:10 a.m.to 9:55 a.m. and 4:05 p.m.to 6:59 p.m. Monday
through Friday, the bridge would remain closed; and (3) from 10 a.m. to 4 p.m. the seven days
before and the four days following the City of Miami Beach Yacht and Brokerage Show the second
week of February, the bridge would only open for ten minutes at the top of the hour. For federal
holidays, weekends, and other times the bridge would continue to open for vessels on signal.
These proposed changes will still allow vessels to pass through the bridge while taking into
account the reasonable needs of other modes of transportation.
Comments on the proposed rule must reach the USCG on or before April 18, 2016. It is worth
noting that the Town of Surfside adopted Resolution No. 16-2359 on March 8,2016 supporting the
USCG modification of the operating schedule of the 63rd Street Bridge (Attachment C).
The Administration recommends that the Mayor and City Commission adopt a resolution
supporting the United States Coast Guard proposed modification of the operating schedule of the
63rd Street bascule bridge across Indian Creek, pursuant to Docket No. USCG-2015-0940.
Advisory Board Recommendation:
Financial Information:
Source of Funds: Amount Account
Total
Financial Impact Summary: N/A
City Clerk's Office Legislative Tracking:
Jose R. Gonzalez, P.E.
Sign-Offs:
Department Director Assistant C.46 Manager City M,nager
RGNZC KGB JLM
T:\AGENDA\2016\April\Transportation\Resolution supporting the 4,CG propsed modification for the operatin', edule of the 63rd
Street bridge.doc -7
AGENDA ITEM `i! G-
v® MAMIBEACH nIEM �j/-13-1
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMM' .: SION MEMORANDUM
TO: Mayor Philip Levine and Members of th: City Com -sion
FROM: Jimmy L. Morales, City Manager
DATE: April 13, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AN I' CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA,SUPPORTING THE UNITED STATES COAST GUARD PROPOSED
MODIFICATION OF THE OPERATING SCHEDULE OF THE 63RD STREET BASCULE
BRIDGE ACROSS INDIAN CREEK, PURSUANT TO DOCKET NUMBER USCG-2015-
0940.
BACKGROUND
On March 11, 2015,the Miami Beach City Commission held a public meeting to discuss appropriate
action for modifying the bridge operations. Additionally, the City conducted traffic studies and
reviewed the bridge logs which showed a 45% increase in vehicular traffic from 7 a.m. to 10 a.m.
and 4 p.m.to 7 p.m.with no corresponding increase in vessel traffic during those time periods. Input
from the public meeting and the traffic data was used to develop the proposed rule.
Pursuant to the City's formal request dated April 8, 2015(Attachment A)to the United States Coast
Guard (USCG), the USCG has published a Notice of Proposed Rule Making in the federal register
(Docket#USCG-2015-0940) in which the Coast Guard proposes to modify the operating schedule
that governs the 63rd Street Bridge across Indian Creek, mile 4.0, at Miami Beach, FL. (Attachment
B). This proposed rule implements restrictions that allow the bridge to not open for vessels during
peak vehicle traffic times. Bridge openings during peak vehicle traffic times cause major traffic jams
that may be avoided without negatively impacting vessel traffic on the Indian Creek. Modifying the
bridge operating schedule will reduce major vehicle traffic issues during rush hour times.The Coast
Guard proposes to add a new regulation for the operations of the 63rd Street Bridge, Indian Creek
mile 4.0, at Miami Beach.
The proposed regulation would implement three closure periods,which would allow the bridge to not
open for vessels during morning and afternoon peak vehicle traffic times. The following schedule is
proposed: (1) From Monday through Friday from 7 a.m.to 7 p.m. the bridge would only open on the
hour and half hour; (2) from 7:10 a.m. to 9:55 a.m. and 4:05 p.m. to 6:59 p.m. Monday through
Friday, the bridge would remain closed; and (3) from 10 a.m. to 4 p.m. the seven days before and
the four days following the City of Miami Beach Yacht and Brokerage Show the second week of
February, the bridge would only open for ten minutes at the top of the hour. For federal holidays,
weekends, and other times the bridge would continue to open for vessels on signal.These proposed
changes will still allow vessels to pass through the bridge while taking into account the reasonable
needs of other modes of transportation.
Comments on the proposed rule must reach the USCG on or before April 18,2016. It is worth noting
that the Town of Surfside adopted Resolution No. 16-2359 on March 8, 2016 supporting the USCG
modification of the operating schedule of the 63rd Street Bridge (Attachment C).
Commission Memorandum-Resolution supporting the USCG proposed modification of the operating schedule for the 63rd Street bascule
bridge.
April 13,2016
Page 2 of 2
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt a resolution supporting
the United States Coast Guard proposed modification of the operating schedule of the 63rd Street
bascule bridge across Indian Creek, pursuant to Docket No. USCG-2015-0940.
Attachments:
A: Letter to the United States Coast Guard
B: Federal Register Notice of Proposed Rulemaking (Docket No. USCG-2015-0940)
to . Town of Surfside Resolution No. 16-2359 transmitted via LTC# 124-2016
rf
JLM/K9�r/ JR /JFD
T.:IAGENDA120161AprillTransportationtUS Coast Guard MEMO.doc
Attachment A
■111111111a. ®■
1111111111111 111141111111111=111111111111111111111
MIMI.1111111111111.1111101.111110111111111111111111 11111110•11111110111111111111.111111111111111111
•--1915 • 2015—
M I AAA I B r C
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
Jimmy L. Morales, City Manager
Tel:305-673-7010,Fax:305-673-7782
April 8, 2015
Michael Lieberum
Chief, Bridge Operations
United States Coast Guard District 7 Bridge Branch
909 SE 1st Avenue, Suite 432
Miami, FL 33131
RE: 63rd Street Bridge Activity
Dear Mr. Lieberum,
First, I would like to thank you for attending the March 11,2015 Miami Beach. City Commission
meeting to advise on the 63rd Street Bridge opening schedule modification process.The purpose
of this letter is to request that the U.S.Coast Guard consider implementing restrictions to bridge
activity during peak periods. •
The roadway network characteristics of the City of Miami Beach make the intersection of Indian
Creek Drive and 63`d Street one of the key intersections in the City and significant in the
commute between North Beach and South Beach.As mentioned by our City Commission,the
opening of the bridge during peak hours adversely affects residents and commuters traversing
the Indian Creek Drive/63rd Street intersection.
In order to identify an appropriate bridge opening schedule, City staff met with Miami-Dade
County Traffic Signals and Signs Division staff to discuss signal operations when the bridge
•
opens. Miami-Dade County staff advised that traffic signals adjacent to the bridge operate in
•
recovery mode following bridge pre-emption.This recovery mode can be in effect for as long as
ten(10)minutes. During recovery time,other movements receive reduced green time to benefit
the traffic that was stopped during the bridge opening. This condition particularly affects traffic
progression when all movements have high demand and is exacerbated by frequent bridge
activity,particularly during peak periods.On some days,Miami-Dade County signal-pre-emption
reports have shown that the 63ra Street Bridge has opened as much as five(5)times during the
peak hour, thus making it impossible for traffic flow to normalize.
Since the Commission meeting,the City has reviewed traffic data in the vicinity of the bridge to
help identify an appropriate bridge opening schedule that would reduce the adverse effect of the
bridge opening during peak periods. The data included the Alton Road corridor, Indian Creek
Drive corridor, Collins Avenue corridor, and other key corridors in the vicinity of the 63rd Street
Bridge.
Letter to Michael Leiberum
Page 2
Based on the traffic data as well as similar existing restrictions on other drawbridges in the City
of Miami,the City of Miami Beach is respectfully requesting that the U.S. Coast Guard consider
restricting bridge activity on the 63rd Street Bridge during the following peak periods:
• Morning: 7:10 AM to 9:55 AM
• Afternoon: 4:05 PM to 6:59 PM
Additionally, the City requests that the 63`d Street Bridge open on a set schedule at all other
times of the day(i.e., on the hour or half-hour).
Thank you in advance for your assistance and consideration of this request. Please feel free to
contact me '.;you have any questions or need additional information on this request.
Sj cerely,
mmy Morales
ity Ma ager
c: Kathie G. Brooks,Assistant City Manager
Jose R.Gonzalez, P.E.,Transportation Director
F:\TRAN\$ALL\LETTERS\Letter To USCG Michael Leiberum.doc
We are committed to providing excellent public service and safety to all who live,work,and play in our vibrant,tropical,historic community.
Attachment B
GPO
8168 Federal Register/Vol. 81, No. 32/Thursday, February 18, 2016/Proposed Rules
safety in air commerce.This regulation (d)Subject using the procedures found in 14 CFR 39.19.
is within the scope of that authority Air Transport Association(ATA)of In accordance with 14 CFR 39.19,send your
because it addresses an unsafe condition America Code 05,Time Limits/Maintenance request to your principal inspector or local
that is likely to exist or develop on Checks. Flight Standards District Office,as
products identified in this rulemaking appropriate.If sending information directly
p
p (e)Reason to the International Branch,send it to ATTN:
action.
This AD was prompted by the need for Tom Rodriguez,Aerospace Engineer,
Regulatory Findings more restrictive airworthiness limitations. International Branch,ANM-116,Transport
We are issuing this AD to reduce the Airplane Directorate,FAA,1601 Lind
We determined that this proposed Al) Avenue SW.,Renton,WA 98057-3356;
potential for significant failure conditions
would not have federalism implications and consequent loss of controllability of the telephone 425-227-1137;fax 425-227-1149.
under Executive Order 13132.This airplane. Information may be emailed to:9-ANM-116-
proposed AD would not have a AMOC-REQUESTS @faa.gov.Before using
substantial direct effect on the States,on (fl Compliance any approved AMOC,notify your appropriate
the relationship between the national Comply with this AD within the principal inspector,or lacking a principal
inspector,the manager of the local flight
Government and the States,or on the compliance times specified,unless already standards district office/certificate holding
distribution of power and done. district office.The AMOC approval letter
responsibilities among the various (g)Maintenance Program Revision must specifically reference this AD.
levels of government. (1)Within 12 months after the effective (2)Contacting the Manufacturer:For any
For the reasons discussed above,I date of this AD,revise the maintenance or requirement in this AD to obtain corrective
certify this proposed regulation: inspection program,as applicable,to actions from a manufacturer,the action must
1.Is not a"significant regulatory incorporate the certification maintenance be accomplished using a method approved
action"under Executive Order 12866; requirements(CMR)specified in Fokker by the Manager,International Branch,ANM-
2.Is not a"significant rule"under the Services B.V.Engineering Report, 116,Transport Airplane Directorate,FAA;or
the European Aviation Safety Agency
DOT Regulatory Policies and Procedures Airworthiness Limitations Section(ALS), (EASA);or Fokker Services B.V.'s EASA
"Fokker 70/100 Certification Maintenance
(44 FR 11034,February 26, 1979); Design Organization Approval(DOA).If
3.Will not affect intrastate aviation in Requirements, of Fokker Services B.V. approved by the DOA,the approval must
Alaska;and
Engineering Report SE-473,Issue 11, include the DOA-authorized signature.
4.Will not have a significant released January 19,2015.
economic not
act,positive or negative, (2)Do the applicable initial CMR (j)Related Information
P P g inspection at the time specified in paragraph (1)Refer to MCAI EASA Airworthiness
on a substantial number of small entities (g)(2)(i)or(g)(2)(ii)of this AD,as applicable, Directive 2015-0027,dated February 20,
under the criteria of the Regulatory as specified in Fokker Services B.V. 2015,for related information.This MCAI
Flexibility Act. Engineering ALS,"Fokker 70/100 may be found in the AD docket on the
List of Sub�ects in 14 CFR Part 39 Certification Maintenance Requirements," Internet at http://www.regulations.gov by
J Fokker Services B.V.Engineering Report SE- searching for and locating Docket No.FAA-
Air transportation,Aircraft,Aviation 473,Issue 11,released January 19,2015.If 2016-0464.
safety,Incorporation by reference, any discrepancy is found during any (2)For service information identified in
Safety. inspection,repair using a method approved this AD,contact Fokker Services B.V.,
by the Manager,International Branch,ANM- Technical Services Dept.,P.O.Box 1357,
The Proposed Amendment 116,Transport Airplane Directorate,FAA;or 2130 EL Hoofddorp,the Netherlands;
Accordingly,under the authority the European Aviation Safety Agency;or telephone+31(0)88-6280-350;fax+31
delegated to me by the Administrator, Fokker B.V.Service's EASA Design (0)88-6280-111;email technicalservices@
Organization Approval(DOA).Repair any fokker.com;Internet http://
the FAA proposes to amend 14 CFR part discrepancy before further flight. www.myfokkerfleet.com.You may view this
39 as follows: (i)For CMR inspection 783100-CM-01: service information at the FAA,Transport
Within 1 year or 3,000 flight hours after the Airplane Directorate,1601 Lind Avenue SW.,
PART 39—AIRWORTHINESS effective date of this AD,whichever occurs Renton,WA.For information on the
DIRECTIVES first,but not later than 12,000 flight hours availability of this material at the FAA,call
after accomplishing MRB task 783100-00-04. 425-227-1221.
• 1.The authority citation for part 39 (ii)For CMR inspection 783500-CM-01: Issued in Renton,Washington,on February
continues to read as follows: Within 1 year or 3,000 flight hours after the 6,2016.
Authority:49 U.S.C.106(g),40113,44701. effective date of this AD,whichever occurs Michael Kaszycld,
first,but not later than 10,000 flight hours Acting Manager,Transport Airplane
§39.13 [Amended] after accomplishing MRB task 783100-01-01.
Directorate,Aircraft Certification Service.
•2.The FAA amends§39.13 by adding (h)No Alternative Inspections or Inspection [FR Doc.2016-03136 Filed 2-17-16;8:45 am]
the following new airworthiness Intervals BILLING CODE 4910-13-P
directive(AD): After accomplishment of the actions
Fokker Services B.V.:Docket No.FAA- specified in paragraph(g)(2)of this AD,no
2016-0464;Directorate Identifier 2015- alternative actions(e.g.,inspections)and DEPARTMENT OF HOMELAND
NM-046-AD. intervals,may be used,unless the actions or
intervals are approved as an alternative SECURITY
(a)Comments Due Date method of compliance(AMOC)in
We must receive comments by April 4, accordance with the procedures specified in Coast Guard
2016. paragraph(i)(1)of this AD.
(b)Affected ADs (i)Other FAA AD Provisions 33 CFR Part 117
None. The following provisions also apply to this [Docket No.USCG-2015-0940]
AD:D: RIN 1625-AA09
(c)Applicability
(1)Alternative Methods of Compliance
This AD applies to Fokker Services B.V. (AMOCs):The Manager,International Drawbridge Operation Regulation;
Model F.28 Mark 0070 and 0100 airplanes, Branch,ANM-116,Transport Airplane Indian Creek,Miami Beach,FL
certificated in any category,all serial Directorate,FAA,has the authority to
numbers. approve AMOCs for this AD,if requested AGENCY:Coast Guard,DHS.
Federal Register/Vol. 81, No. 32/Thursday, February 18, 2016/Proposed Rules 8169
ACTION:Notice of proposed rulemaking. Presently,in accordance with 33 CFR A.Regulatory Planning and Review
117.5,the 63rd Street Bridge is required E.O.s 12866 and 13563 direct agencies
SUMMARY:The Coast Guard proposes to to open on signal for the passage of g
modify the operating schedule that to assess the costs and benefits of
p g vessels.The City of Miami Beach and
governs the 63rd Street Bridge across Miami Dade County determined that available regulatory alternatives and,if
Indian Creek,mile 4.0,at Miami Beach, restricting bridge openings during peak regulatory n ais pproaches that maximize FL.This proposed rule implements traffic hours will significantly reduce
restrictions that allow the bridge to not traffic congestion.Based on this net benefits.E.O. 13563 emphasizes the
open for vessels during peak vehicle importance of quantifying both costs
determination,the City of Miami Beach and benefits,of reducing costs,of
traffic times.Bridge openings during g
requested this action to alleviate
peak vehicle traffic times cause major additional traffic congestion created by harmonizing rules,and of promoting
traffic jams that may be avoided without bridge openings during peak hours. flexibility.This NPRM has not been
negatively impacting vessel traffic on In addition' ' to proposing a schedule designated a"significant regulatory
di
A
12866
O
E
d
"tion, under . . 12866.Accordingly,
the Indian Creek.Modifying the bridge that will allow for limited openings action," g y,
operating schedule will reduce major during the regular work week,the Coast the NPRM has not been reviewed by the
vehicle traffic issues during rush hour Guard is proposing a regulation change Office of Management and Budget.
times. that will apply during the annual boat This regulatory action determination
DATES:Comments and related material show.Every year in mid-February the is based on the limited impact that it is
must reach the Coast Guard on or before City of Miami Beach hosts the Yacht anticipated to have on vessel traffic on
April 18,2016. and Brokerage Show which creates the Indian Creek while taking into
ADDRESSES:You may submit comments unusually high vehicle and vessel traffic account the needs of vehicular traffic.
identified by docket number USCG- during the weeks before and after the Vessels that can transit under the bridge
2015-0940 using Federal eRulemaking show.The Coast Guard typically issues without an opening may do so.Other
Portal at http://www.regulations.gov. temporary deviations to the 63rd Street vessels can transit during non closure
See the"Public Participation and Bridge operations that help balance period times,and emergency vessels
Request for Comments"portion of the vessel and vehicle needs during those and tugs with tows can still request
times.The Coast Guard proposes openings at any time.
SUPPLEMENTARY INFORMATION section P P
below for instructions on submitting adopting the annual temporary B.Impact on Small Entities
comments. deviation as part of this bridge The Regulatory Flexibility Act of 1980
FOR FURTHER INFORMATION CONTACT:If regulation.
(RFA),5 U.S.C.601-612,as amended,
you have questions on this proposed III.Discussion of Proposed Rule requires federal agencies to consider the
rule,call or email Mr.Rod Elkins with The Coast Guard proposes to add a potential impact of regulations on small
the Coast Guard;telephone 305-415- new regulation for the operations of the entities during rulemaking.The term
6989,email rodney.j.elkins@uscg.mil. 63rd Street Bridge,Indian Creek mile "small entities"comprises small
SUPPLEMENTARY INFORMATION: 4.0,at Miami Beach.The proposed businesses,not-for-profit organizations
I.Table of Abbreviations regulation would implement three that are independently owned and
closure periods,which would allow the operated and are not dominant in their
CFR Code of Federal Regulations bridge to not open for vessels during fields,and governmental jurisdictions
DHS Department of Homeland Security morning and afternoon peak vehicle with populations of less than 50,000.
E.O. Executive Order traffic times.The following schedule is The Coast Guard certifies under 5 U.S.C.
FR Federal Register 605(b)that this proposed rule would not
NPRM Notice of proposed rulemaking proposed:(1)From Monday through (b) P P
§ Section Friday from 7 a.m.to 7 p.m.the bridge have a significant economic impact on
U.S.C. United States Code would only open on the hour and half a substantial number of small entities.
hour;(2)from 7:10 a.m.to 9:55 a.m.and While some owners or operators of
II.Background,Purpose and Legal 4:05 p.m.to 6:59 p.m.Monday through vessels intending to transit the bridge
Basis Friday,the bridge would remain closed; may be small entities,for the reasons
On March 11th,2015 the Miami and(3)from 10 a.m.to 4 p.m.the seven stated in section IV.A above this
Beach City Commission held a public days before and the four days following proposed rule would not have a
meeting to discuss appropriate action the City of Miami Beach Yacht and significant economic impact on any
for modifying the bridge operations. Brokerage Show the second week of vessel owner or operator.
Additionally,the City conducted traffic February,the bridge would only open If you think that your business,
studies and reviewed the bridge logs for ten minutes at the top of the hour. organization,or governmental
which showed a 45% increase in For federal holidays,weekends,and jurisdiction qualifies as a small entity
vehicular traffic from 7 a.m.to 10 a.m. other times the bridge would continue and that this rule would have a
and 4 p.m.to 7 p.m.with no to open for vessels on signal. significant economic impact on it,
corresponding increase in vessel traffic These proposed changes will still please submit a comment(see
during those time periods.Input from allow vessels to pass through the bridge ADDRESSES)explaining why you think it
the public meeting and the traffic data while taking into account the reasonable qualifies and how and to what degree
was used to develop the proposed rule. needs of other modes of transportation. this rule would economically affect it.
That data will be included in the �,Regulatory Analyses Under section 213(a)of the Small
electronic docket for this proposed ry Business Regulatory Enforcement
rulemaking. We developed this proposed rule after Fairness Act of 1996(Pub.L. 104-121),
63rd Street Bridge across Indian considering numerous statutes and we want to assist small entities in
Creek,mile 4.0,at Miami Beach,FL is executive orders(E.O.$)related to understanding this proposed rule.If the
a single leaf bascule bridge.It has a rulemaking.Below we summarize our rule would affect your small business,
vertical clearance of 11 feet at mean analyses based on these statutes and organization,or governmental
high water in the closed position and a E.O.s and we also discuss First jurisdiction and you have questions
horizontal clearance of 50 feet. Amendment rights of protestors. concerning its provisions or options for
8170 Federal Register/Vol. 81, No. 32/Thursday, February 18, 2016/Proposed Rules
compliance,please contact the person Environmental Policy Act of 1969 Documents mentioned in this notice,
listed in the FOR FURTHER INFORMATION (NEPA)(42 U.S.C.4321-43700,and and all public comments,are in our
CONTACT,above.The Coast Guard will have made a preliminary determination online docket at http://
not retaliate against small entities that that this action is one of a category of www.regulations.gov and can be viewed
question or complain about this actions which do not individually or by following that Web site's
proposed rule or any policy or action of cumulatively have a significant effect on instructions.Additionally,if you go to
the Coast Guard. the human environment.This proposed the online docket and sign up for email
C. Collection of Information rule promulgates the operating alerts,you will be notified when
regulations or procedures for comments are posted or a final rule is
This proposed rule would call for no drawbridges.Normally such actions are published.
new collection of information under the categorically excluded from further
Paperwork Reduction Act of 1995(44 review,under figure 2-1,paragraph List of Subjects in 33 CFR Part 117
U.S.C.3501-3520.). (32)(e),of the Instruction.
D.Federalism and Indian Tribal Under figure 2-1,paragraph(32)(e),of Bridges.
Government the Instruction,an environmental For the reasons discussed in the
analysis checklist and a categorical preamble,the Coast Guard proposes to
A rule has implications for federalism
under Executive Order 13132, exclusion determination are not amend 33 CFR part 117 as follows:
Federalism,if it has a substantial direct required for this rule.We seek any
effect on the States,on the relationshi comments or information that may lead PART 117—DRAWBRIDGE
between the national government andp to the discovery of a significant OPERATION REGULATIONS
environmental impact from this
the States,or on the distribution of d rule.
ower •and res P onsibilities amon g the proposed ■1.The authority citation for part 117
various levels of government.We have G.Protest Activities continues to read as follows:
analyzed this proposed rule under that The Coast Guard respects the First Authority:33 U.S.C.499;33 CFR 1.05-1;
Order and have determined that it is Amendment rights of protesters. Department of Homeland Security Delegation
consistent with the fundamental Protesters are asked to contact the No.0170.1.
federalism principles and preemption person listed in the FOR FURTHER
requirements described in E.O. 13132. •2.Add§117.293 to read as follows:
Also,this proposed rule does not have INFORMATION CONTACT section to
tribal implications under Executive coordinate protest activities so that your §117.293 Indian Creek.
message can be received without
Order 13175,Consultation and The draw of the 63rd Street Bridge,
Coordination with Indian Tribal jeopardizing the safety or security of Indian Creek mile 4.0,at Miami Beach,
Governments,because it would not have People,places or vessels.
shall open on signal except as follows:
a substantial direct effect on one or V.Public Participation and Request for (a)From 7 a.m.to 7 p.m.,Monday
more Indian tribes,on the relationship Comments through Friday except Federal holidays,
between the Federal Government and We view public participation as the draw need open only on the hour
Indian tribes,or r on on the a distribution of essential to effective rulemaking,and and half-hour.
power and responsibilities between the will consider all comments and material
Federal Government and Indian tribes. received during the comment period. (b)From 7:10 a.m.to 9:55 a.m.and
If you believe this proposed rule has 4:05 p.m.to 6:59 p.m.,Monday through
implications for federalism or Indian Your comment can help shape the Friday except Federal holidays,the
tribes,please contact the person listed outcome of this rulemaking.If you draw need not open for the passage of
submit a comment,please include the
in the FOR FURTHER INFORMATION docket number for this rulemaking, vessels.
CONTACT section above. indicate the specific section of this (c)In February of each year during the
E. Unfunded Mandates Reform Act document to which each comment period seven days prior to the City of
The Unfunded Mandates Reform Act applies,and provide a reason for each Miami Beach Yacht and Brokerage
of 1995 (2 U.S.C. 1531-1538)requires suggestion or recommendation. Show and the four days following the
Federal agencies to assess the effects of We encourage you to submit show,from 10:00 a.m.to 4:00 p.m.,the
their discretionary regulatory actions.In comments through the Federal bridge need not open except for 10
particular,the Act addresses actions eRulemaking Portal at http:// minutes at the top of the hour.At all
that may result in the expenditure by a www.regulations.gov.If your material other times the bridge shall operate on
State,local,or tribal government,in the cannot be submitted using http:// its normal schedule.
aggregate,or by the private sector of www.regulations.gov,contact the person Dated:February 11,2016.
$100,000,000(adjusted for inflation)or in the FOR FURTHER INFORMATION
more in any one year.Though this CONTACT section of this document for S.A.Buschman,
proposed rule will not result in such an alternate instructions. Rear Admiral,U.S.Coast Guard,Commander,
expenditure,we do discuss the effects of We accept anonymous comments.All Seventh Coast Guard District.
this proposed rule elsewhere in this comments received will be posted [FR Doc.2016-03262 Filed 2-17-16;8:45 am]
preamble. without change to http:// BILLING CODE 9110-04-P
www.regulations.gov and will include
F.Environment any personal information you have
We have analyzed this proposed rule provided.For more about privacy and
under Department of Homeland the docket,you may review a Privacy
Security Management Directive 023-01 Act notice regarding the Federal Docket
and Commandant Instruction Management System in the March 24,
M16475.1D,which guides the Coast 2005,issue of the Federal Register(70
Guard in complying with the National FR 15086).
Attachment C
.
MIAMI IAMIBEACH
�
OFFICE OF THE CITY MANAGER
NO. LTC# 124-2016
LETTER TO COMMISSION
TO: Mayor Philip Levine and Members ' the City ••mmission
FROM Jimmy L. Morales, City Manager —+. •
a,.
DATE: March 17, 2016
SUBJECT: CITY OF SURFSIDE RESOLUTIO'
Attached for your information is Resolution No. 16-2359, adopted by the Mayor and Commission
of the City of Surfside on March 8, 2016.
A Resolution Of The Town Of Surfside, Florida, Supporting The United States
Coast Guard Modification Of The Operating Schedule Of The 63rd Street
Bridge Across Indian Creek, Mile 4.0 At Miami Beach, Florida, Pursuant To
Docket Number USCG-2015-0940; Urging The United States Coast Guard To
Consider Modifications To The Operating Schedule Of The 96th Street Bridge
Across Bay Harbor Islands; Directing The Town Clerk To Transmit.A Copy Of
This Resolution To The Federal eRulemaking Portal, The Clerk Of The City Of
Miami Beach, The Clerk Of The Town Of Bay Harbor Islands, The Clerk Of
The Village Of Bal Harbour, The Clerk Of The City Of North Miami, And The •
Clerk Of Miami-Dade County; Providing For Incorporation Of Recitals;_
Providing For Approval And Authorization; And Providing For An Effective
Date.
The.City of Surfside has requested that a copy of this resolution be provided to the Miami Beach
Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673.7411.
JLM/REG
Attachment
F:ICLERI$ALLILILIAILTC's-Transmlttal's\Resolution 16-2359.docx
RESOLUTION.NO. 16- P559" d
A RESOLUTION OF THE TOWN OF. .SURFSIDE,
FLORIDA, SUPPORTING: THE UNITED STATES
COAST GUARD MODIFICATION. OF THE
OPERATING SCHEDULE OF THE 63RD STREET
BRIDGE ACROSS INDIAN CREEK; MILE 4.0 AT
MIAMI BEACH, FLORIDA, PURSUANT TO
ii
DOCKET NUMBER USCG-2015-0940; URGING THE
UNITED STATES COAST GUARD TO CONSIDER.
MODIFICATIONS TO THE OPERATING
SCHEDULE OF THE 96TH STREET BRIDGE
ACROSS BAY HARBOR ISLANDS; DIRECTING
THE TOWN CLERK TO TRANSMIT A COPY OF
THIS RESOLUTION TO THE FEDERAL
ERULEMAKING PORTAL THE CLERK OF THE
CITY OF MIAMI REACH., THE CLERK OF THE
TOWN OF BAY HARBOR ISLAP(DS, THE CLERK
OF TH E VILLAGE OF BAL HARUR, THE
CLERK OF THE. CITY OF NORTHrAIAMI AND
THE CLERK OF MIAMI-DADE COUNTY;
PROVIDING FOR. INCORPORATION OF
RECITALS; PROVIDING FOR APPROVAL AND
AUTHORIZATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to docket number. USCG-2015-0940 the United States
Coast Guard proposes to modify the operating schedule that .governs the 63rd Street
Bridge across Indian Creek,mile 4.0,at Miami Beach,FL;and
WHEREAS,the intersection of Indian:Creek Drive and 63rd Street is one of the
key intersections in the City of Miami Beach and significant in the commute between the
Town of Surfside,North Beach, South Beach and downtown Miami;and
WHERAS,.the opening of the 63rd Street bridge during peak hours causes major
traffic congestion extending into Surfside, adversely affecting residents and commuters
traversing the Indian Creek Drive/63v.1 Street intersection;and
WHEREAS, modifying the bridge operating schedule will reduce major vehicle
traffic issues during rush.hour times;and.
WHEREAS,the City of Miami Beach conducted traffic studies and:reviewed the
bridge logs which showed a 45%increase in vehicular traffic from 7 a.m.to.10 am.and
4 p.m.to 7 p.m. with no corresponding increase in vessel traffic during those time
periods;and
WHEREAS.,based on these studies,the Coast Guard proposes to add a new
regulation for the operations of the 63rd Street Bridge,Indian Creek mile 4.0, at Miami
Page 1.of 3
Beach that would implement three closure periods,which would allow the bridge to not
open for vessels during morning and afternoon peak vehicle traffic times; and
WHEREAS,the following schedule is.proposed:.(1)From Monday through
Friday from 7 a.m. to 7 p.m. the bridge would only open on the hour and half hour; (2)
from 7:10 a.m. to 9:55 a.m. and 4:05 p.m. to 6:59 p.m. Monday through Friday, the
bridge would remain closed; and(3)from 10 a.m. to 4 p.m. the seven days before and the
four days following the City of Miami Beach Yacht and Brokerage Show the second
week of February,the bridge would only open for ten minutes at the top of the hour. For
federal holidays, weekends, and other times the bridge would continue to open for vessels
on signal; and
WHEREAS,these proposed changes will still allow vessels to pass through the
bridge while taking into account the reasonable needs of other modes of transportation;
and
WHEREAS,the Surfside Chief of Police has advised that bridge openings at 96th
Street Bridge in the Town of Bay Harbor Islands also cause massive traffic congestion
during the rush hours for the communities of the Town of Surfside,the Village of Bal
Harbour, the Town of Bay Harbor Islands, and the City of North Miami.A similar
modification of the bridge operating schedule is recommended to the United States Coast
Guard; and
WHEREAS,the Town of Surfside recommends the United States Coast Guard
consider modification of the operating schedule of the 63rd Street bridge and the 96th
• Street bridge to ease traffic congestion during peak hours.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF SURFSIDE,
FLORIDA,AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals are hereby
adopted,confirmed,and incorporated herein.
Section 2. Support by the Town of Surfside Town Commission for the United.
States Coast Guard to modify the Operating Schedule of 63,d Street Bridge The
Town of Surfside Commission supports the United States Coast Guard modification of
the operating schedule of the 63rd street bridge across Indian Creek, mile 4.0 at Miami
Beach, Florida pursuant to docket number USCG-2015-0940, to ease traffic congestion
during peak hours and allow for better mobility between the Town of Surfside, the City
of Miami Beach,and downtown Miami.
Section 3. Urging by the Town of Surfside Town Commission for the United,
States Coast Guard to modify the Operating Schedule of 96th Street Bridge. The
Town of Surfside Commission urges the United States Coast Guard to consider
modifications to the operating schedule of the bridge on 96th street to ease the massive
traffic congestion during the rush hours for the communities of the Town of Surfside, the
Village of Bal Harbour, the Town of Bay Harbor Islands,and the City of North Miami.
Page 2 of 3
Section 4. Authorization and Implementation. The Town Manager is hereby
authorized to take any and all action necessary to implement this Resolution,
Section 5.Direction th
to e Town Clerk. The Town Clerk is hereby directed to
send a copy of this Resolution to the federal eRulemaking portal, the Clerk of the City of
Miami Beach, the Clerk of the Town of Bay Harbor Islands, the Clerk of the Village of
Bal Harbour, the. Clerk of the City of North Miami, and the Clerk of Miami-Dade
County..
Section 6. Effective_p_42. This Resolution shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 7day of ,.2016.
Motion by ,.
Second by. 0 t '1 It S.,1(Y)Pi- Db ,
FINAL VOTE ON ADOPTION
Commissioner. Barry Cohen
Commissioner Michael Karukin
Commissioner Marta.Olchyk
Vice Mayor Eli Tourgeman
Mayor Daniel Dietch LieS
Daniel Dietch,Mayor
Ar
‘TTEST.
l
Sandra Nova.,li��\'',Town Clerk
APPROVED ..S TO FORM AND LEGAL SUFFICIENCY .
F THE TOWN OF SURFSI�D.E+ ONLY:
r c\rxIku --
(___ 3„,
Linda Miller,Town Attorney
Page 3 of
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