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, 58332-58334 [E6-16274]
Download as PDF
<![CDATA[
58332
Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Proposed Rules
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.
ycherry on PROD1PC64 with PROPOSALS
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
VerDate Aug<31>2005
15:42 Oct 02, 2006
Jkt 211001
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule would 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, 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 (34)(f), of the
Instruction, from further environmental
documentation because this rule is not
expected to result in any significant
adverse environmental impact as
described in the National
Environmental Policy Act of 1969
(NEPA).
Under figure 2–1, paragraph (34)(f), of
the Instruction, an Environmental
Analysis Check List and a Categorical
Exclusion Determination are not
required because this proposed rule
would reduce the size of the existing
anchorage. Comments on this section
will be considered before we make the
final decision on whether the rule
should be categorically excluded from
further environmental review.
List of Subjects in 33 CFR Part 110
Anchorage regulations.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 110 as follows:
PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
Authority: 33 U.S.C. 471, 1221 through
1236, 2030, 2035 and 2071; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1.
2. In § 110.196, revise paragraph (a) to
read as follows:
§ 110.196 Sabine Pass Channel, Sabine
Pass, Tex.
(a) The anchorage area. The waters
bounded by a line connecting the
following coordinates:
Latitude
29°44′14″
29°44′18″
29°43′53″
29°43′32″
PO 00000
Longitude
93°52′24″ W
93°52′06″ W
93°51′47″ W
93°51′52″ W
N
N
N
N
Frm 00025
Fmt 4702
Sfmt 4702
*
*
*
*
*
Dated: August 28, 2006.
Joel R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. E6–16315 Filed 10–2–06; 8:45 am]
BILLING CODE 4910–15–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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.
E:\FR\FM\03OCP1.SGM
03OCP1
Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Proposed Rules
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 81⁄2 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.
ycherry on PROD1PC64 with PROPOSALS
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.
VerDate Aug<31>2005
15:42 Oct 02, 2006
Jkt 211001
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
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
58333
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
E:\FR\FM\03OCP1.SGM
03OCP1
58334
Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Proposed Rules
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
ycherry on PROD1PC64 with PROPOSALS
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
VerDate Aug<31>2005
15:42 Oct 02, 2006
Jkt 211001
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:
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
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 § 117.261 revise paragraphs
(nn)–(pp) to read as follows:
§ 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 § 117.269 to read as follows:
§ 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]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD07–05–158]
RIN 1625–AA09
Drawbridge Operation Regulations;
Stickney Point (SR 72) Bridge, Gulf
Intracoastal Waterway, Mile 68.6,
Sarasota, FL
Coast Guard, DHS.
Supplemental notice of
proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is proposing
a supplemental change to its notice of
proposed rulemaking for modifying the
Stickney Point (SR 72) drawbridge
operating regulation. This proposal
addresses changes based on comments
received from a Notice of Proposed
Rulemaking published on December 21,
2005, and a test deviation that was held
from April 24, 2006 until July 21, 2006.
E:\FR\FM\03OCP1.SGM
03OCP1
]]>Agencies
[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Proposed Rules]
[Pages 58332-58334]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16274]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 4910-15-P
