[Federal Register Volume 72, Number 72 (Monday, April 16, 2007)]
[Rules and Regulations]
[Pages 18885-18886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7157]



[[Page 18885]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-06-050]
RIN 1625-AA09


Drawbridge Operation Regulation; 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: Final rule.

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SUMMARY: The Coast Guard is changing the operating 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 rule 
requires 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 rule changes the 
Federal holiday dates and aligns them with all Federal holidays.

DATES: This rule is effective May 16, 2007.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD07-06-050) and are available for inspection or 
copying at Commander (dpb), Seventh Coast Guard District, 909 S.E. 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.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On October 3, 2006, we published a notice of proposed rulemaking 
(NPRM) 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, FL in the Federal Register 71 FR 191. We received six comments 
on the proposed rule. No public meeting was requested, and none was 
held.

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 test deviation.
    On October 3, 2006, we published a notice of proposed rulemaking 
(NPRM) in the Federal Register 71 FR 191. We received six comments on 
the proposed rule.
    The current holiday listings for the Venetian Causeway (East) 
bridge have created confusion because they do not follow the Federal 
holiday schedule. This rule will align the Venetian Causeway (East) 
bridge to the Federal holiday schedule and eliminate the confusion.

Discussion of Comments and Changes

    The Coast Guard received six responses to the notice of proposed 
rulemaking (NPRM). Five comments were for the proposed rule and one 
comment against the proposed rule.
    The comment against the proposed rule stated that the East Venetian 
Drawbridge is too low and the half-hour schedule would cause an 
unreasonable restriction during the day.
    The Coast Guard considered this comment and determined that the 
half-hour opening schedule will not cause an unreasonable delay as 
vessels will be able to time their transits during these opening 
periods.
    No changes were made to the Final Rule.

Regulatory Evaluation

    This 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.
    Although bridge openings will be less frequent, vessel traffic will 
still be able to transit the Intracoastal Waterway in the vicinity of 
the Venetian Causeway (East and West) bridges pursuant to the revised 
opening schedule.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. This rule would affect the following entities, some of which 
may be small entities: The owners or operators of vessels needed to 
transit the Intracoastal Waterway and Biscayne Bay in the vicinity of 
the Venetian Causeway (East and West) bridges, persons intending to 
drive over the bridges, and nearby business owners. The revision to the 
openings schedule would 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 in the vicinity of the Venetian Causeway (East 
and West) bridges pursuant to the revised opening schedule.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement

[[Page 18886]]

Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about the rule or any policy or 
action of the Coast Guard.

Collection of Information

    This rule calls 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 impose a substantial 
direct cost of compliance on them. We have analyzed this 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 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 rule will 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 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 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 rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 concluded 
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, this rule is 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.

List of Subjects in 33 CFR Part 117

    Bridges.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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); Sec.  117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

0
2. In Sec.  117.261 revise paragraphs (nn) through (pp) to read as 
follows:


Sec.  117.287  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 a.m. to 7 p.m., Monday through Friday, 
except Federal holidays, the bridge need only open on the hour and 
half-hour.
    (oo) through (pp) [Reserved.]
* * * * *

0
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 a.m. to 7 p.m., Monday through Friday, except Federal 
holidays, the bridge need only open on the hour and half-hour.

    Dated: March 19, 2007.
James Watson,
Captain, U.S.C.G., USCG District Seven Commander, Acting.
[FR Doc. E7-7157 Filed 4-13-07; 8:45 am]
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