[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Proposed Rules]
[Pages 58332-58334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16274]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-06-050]
RIN 1625-AA09


Drawbridge Operation Regulations; Venetian Causeway (West) 
Drawbridge, Atlantic Intracoastal Waterway, Mile 1088.6, and Venetian 
Causeway (East) Drawbridge, Biscayne Bay, Miami, Miami-Dade County, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations governing 
the Venetian Causeway (West) drawbridge, Atlantic Intracoastal 
Waterway, mile 1088.6, and Venetian Causeway (East) drawbridge, 
Biscayne Bay, Miami, Miami-Dade County, Florida. This proposed rule 
will require these drawbridges to open on signal, except that from 7 
a.m. to 7 p.m., Monday through Friday, except Federal holidays the 
drawbridges will open on the hour and half-hour. This proposed rule 
will change the individual Federal holiday dates and align it with all 
Federal holidays.

DATES: Comments and related material must reach the Coast Guard on or 
before December 4, 2006.

ADDRESSES: You may mail comments and related material to Commander 
(dpb), Seventh Coast Guard District, 909 SE 1st Avenue, Room 432, 
Miami, Florida 33131-3050. Commander (dpb) maintains the public docket 
for this rulemaking. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at Commander (dpb), Seventh Coast Guard District, 
909 SE 1st Avenue, Room 432, Miami, Florida 33131-3050 between 8 a.m. 
and 4:30 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Seventh Coast 
Guard District, Bridge Branch, telephone number 305-415-6744.

[[Page 58333]]


SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD07-06-
050], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Bridge Branch, Seventh Coast Guard 
District at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The existing regulation of the Venetian Causeway (West) Drawbridge, 
Atlantic Intracoastal Waterway mile 1088.6, Miami, Miami-Dade County, 
Florida, requires the draw to open promptly and fully for the passage 
of vessels when a request to open is given. The existing regulation of 
the Venetian Causeway (East) Drawbridge, Biscayne Bay, Miami, Miami-
Dade County, Florida, requires the draw to open on signal; except that, 
from November 1 through April 30 from 7:15 a.m. to 8:45 a.m. and 4:45 
p.m. to 6:15 p.m. Monday through Friday, the draw need not be opened. 
However, the draws shall open at 7:45 a.m., 8:15 a.m., 5:15 p.m., and 
5:45 p.m. if any vessels are waiting to pass. The draw shall open on 
signal on Thanksgiving Day, Christmas Day, New Year's Day and 
Washington's Birthday. The draw shall open at any time for public 
vessels of the United States, tugs with tows, regularly scheduled 
cruise vessels, and vessels in distress.
    The residents of Venetian Causeway requested the regulations of 
both drawbridges (East and West) be changed to allow for a 30-minute 
opening schedule from 7 a.m. to 7 p.m. Monday through Friday, except 
Federal holidays in order to relieve vehicular traffic delays.
    On April 3, 2006, we published a test deviation entitled Drawbridge 
Operation Regulations; Venetian Causeway (West) drawbridge, Atlantic 
Intracoastal Waterway, mile 1088.6, and Venetian Causeway (East) 
drawbridge, Biscayne Bay, Miami, Miami-Dade County, Florida in the 
Federal Register (71 FR 16492). We received eight comments all in favor 
of the temporary deviation.
    There has been confusion on which Federal holiday schedule the 
Venetian Causeway (East) Bridge should follow as the individual 
holidays listed do not follow the Federal Holiday Schedule. This 
proposed rule will align the Venetian Causeway (East) Bridge to the 
Federal Holiday Schedule and eliminate the confusion.

Discussion of Proposed Rule

    The Venetian Causeway (West) drawbridge, Atlantic Intracoastal 
Waterway, mile 1088.6, and Venetian Causeway (East) drawbridge, 
Biscayne Bay, Miami, Miami-Dade County, Florida. This proposed rule 
will require these drawbridges to open on signal, except that from 7 
a.m. to 7 p.m., Monday through Friday, except Federal holidays the 
drawbridges will open on the hour and half-hour. This proposed rule 
will remove the individual Federal holiday list and align it with the 
current Federal holiday schedule.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which may be small entities: The owners or operators 
of vessels needing to transit the Intracoastal Waterway in the vicinity 
of the Venetian Causeway (West) Bridge and vessels needing to transit 
Biscayne Bay in the vicinity of the Venetian Causeway (East) Bridge, 
persons intending to drive over the bridges, and nearby business 
owners. The revision to the opening schedule will not have a 
significant impact on a substantial number of small entities. Vehicle 
traffic and small business owners in the area might benefit from the 
improved traffic flow that regularly scheduled openings will offer this 
area. Although bridge openings will be less frequent, vessel traffic 
will still be able to transit the Intracoastal Waterway and Biscayne 
Bay in the vicinity of the Venetian Causeway (East and West) Bridges 
pursuant to the revised opening schedule.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the Seventh Coast Guard District 
Bridge Branch at the address under ADDRESSES. The Coast Guard will not 
retaliate against small entities that question or complain about this 
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or

[[Page 58334]]

impose a substantial direct cost of compliance on them. We have 
analyzed this proposed rule under that Order and have determined that 
it does not have implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, and Department of Homeland Security Management Directive 
5100.1, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that there are no factors in this 
case that would limit the use of a categorical exclusion under section 
2.B.2 of the Instruction. Therefore, we believe that this rule should 
be categorically excluded, under figure 2-1, paragraph (32)(e), of the 
Instruction, from further environmental documentation. Under figure 2-
1, paragraph (32)(e), of the Instruction, an ``Environmental Analysis 
Check List'' and a ``Categorical Exclusion Determination'' are not 
required for this rule. However, comments on this section will be 
considered before the final rule.

List of Subjects in 33 CFR Part 117

    Bridges.
    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. In Sec.  117.261 revise paragraphs (nn)-(pp) to read as follows:


Sec.  117.261  Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (nn) The Venetian Causeway Bridge (West), mile 1088.6, shall open 
on signal, except that from 7 am to 7 pm, Monday through Friday, except 
Federal holidays, the bridge need only open on the hour and half-hour.
    (oo)-(pp) [Reserved.]
* * * * *
    3. Revise Sec.  117.269 to read as follows:


Sec.  117.269  Biscayne Bay.

    The Venetian Causeway Bridge (East) shall open on signal, except 
that from 7 am to 7 pm, Monday through Friday, except Federal holidays, 
the bridge need only open on the hour and half-hour.

    Dated: September 21, 2006.
J.A. Watson,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. E6-16274 Filed 10-2-06; 8:45 am]
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