Drawbridge Operation Regulations; Biscayne Bay, Atlantic Intracoastal Waterway, Miami River, and Miami Beach Channel, Miami-Dade County, FL, 68548-68551 [E7-23564]

Download as PDF sroberts on PROD1PC70 with PROPOSALS 68548 Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Proposed Rules (3) A request under paragraph (a) of this section must be sent to PBGC’s Disclosure Officer at the address provided on PBGC’s Web site. To expedite processing, the request should be prominently identified as an ‘‘Administrative Record Request.’’ (b) PBGC Response to Request for Administrative Record. (1) Notification of plan administrator and plan sponsor. Upon receipt of a request under paragraph (a) of this section, PBGC will promptly notify the plan administrator and plan sponsor that it has received a request for the administrative record, and the date by which PBGC will provide the information to the affected party that made the request. (2) Confidential information. (i) In responding to a request under paragraph (a) of this section, PBGC will not disclose any portions of the administrative record that are prohibited from disclosure under the Privacy Act, 5 U.S.C. 552a. (ii) A plan administrator or plan sponsor that has received notification pursuant to paragraph (b)(1) of this section may seek a court order under which those portions of the administrative record that contain confidential information described in section 552(b) of title 5, United States Code— (A) Will be disclosed only to authorized representatives (within the meaning of section 4041(c)(2)(D)(iv)) of ERISA) that agree to ensure the confidentiality of such information, and (B) Will not be disclosed to other affected parties. (iii) If, before the 15th business day (as defined in § 4000.22 of this chapter) after PBGC has received a request under paragraph (a), PBGC receives a court order as described in paragraph (b)(2)(ii) of this section, PBGC will disclose those portions of the administrative record that contain confidential information described in section 552(b) of title 5, United States Code, only as provided in the order. (3) Timing of response. PBGC will send the administrative record to the affected party that made the request not later than the 15th business day (as defined in § 4000.22 of this chapter) after it receives the request. (4) Form and manner. PBGC will provide the administrative record using measures (including electronic measures) reasonably calculated to ensure actual receipt of the material by the intended recipient. VerDate Aug<31>2005 17:10 Dec 04, 2007 Jkt 214001 Issued in Washington, DC, this 30th day of November, 2007. Charles E.F. Millard, Interim Director, Pension Benefit Guaranty Corporation. [FR Doc. E7–23577 Filed 12–4–07; 8:45 am] BILLING CODE 7709–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2007–0105] RIN 1625–AA09 Drawbridge Operation Regulations; Biscayne Bay, Atlantic Intracoastal Waterway, Miami River, and Miami Beach Channel, Miami-Dade County, FL Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to change the regulations governing the operation of the east and west spans of the Venetian Causeway bridges across the Miami Beach Channel on the Atlantic Intracoastal Waterway, the Miami Avenue bridge and the Brickell Avenue bridge across the Miami River, Miami-Dade County. This proposed rule would allow these bridges to remain in the closed position for periods of time during the last Sunday in January during the running of an annual marathon. Comments and related material must reach the Coast Guard on or before January 4, 2008. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG–2007–0105 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods: (1) Online: http:// www.regulations.gov. (2) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. (3) Hand delivery: Room W12–140 on the Ground Floor of the West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. Fax: 202–493–2251. DATES: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 If you have questions on this proposed rule, call Mr. Gwin Tate, Seventh Coast Guard District, Bridge Administration Branch, (305) 415–6747. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to http:// www.regulations.gov and will include any personal information you have provided. We have an agreement with the Department of Transportation (DOT) to use the Docket Management Facility. Please see DOT’s ‘‘Privacy Act’’ paragraph below. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2007–0105), indicate the specific section of this document to which each comment applies, and give the reason for each comment. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. You may submit your comments and material by electronic means, mail, fax, or delivery to the Docket Management Facility at the address under ADDRESSES; but please submit your comments and material by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, 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. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov at any time, click on ‘‘Search for Dockets,’’ and enter the docket number for this rulemaking (USCG–2007–0105) in the Docket ID box, and click enter. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of E:\FR\FM\05DEP1.SGM 05DEP1 Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Proposed Rules the DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation’s Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit http:// DocketsInfo.dot.gov. sroberts on PROD1PC70 with PROPOSALS Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one to the Docket Management Facility 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 As in previous years, the Miami Marathon Director requested that the Coast Guard change the existing regulations governing the operation of the east and west spans of the Venetian Causeway bridges, the Brickell Avenue bridge and the Miami Avenue bridge to allow them to remain in the closed position during periods of time on the last Sunday in January during the running of an annual marathon. Previously, the Coast Guard issued a temporary rule that provided for these bridge closings, which range from 6:00 a.m. through 12:30 p.m. The marathon route will pass over these four bridges and any bridge opening would disrupt the race. Based on the limited amount of time the bridges would be closed, the proposed rule would still provide for the reasonable needs of navigation on the day of the event. The east and west spans of the Venetian Causeway bridges are located between Miami and Miami Beach. We published the current regulation governing the operation of the east and west spans, mile 1088.6 at Miami, of the Venetian Causeway bridges on April 16, 2007, becoming effective May 16, 2007, which requires the bridges 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. The regulation governing the Miami Avenue bridge, mile 0.3, at Miami, is published at 33 VerDate Aug<31>2005 17:10 Dec 04, 2007 Jkt 214001 CFR 117.305(c) and requires that the bridge open on signal; except that, from 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59 p.m. and 4:35 p.m. to 5:59 p.m., Monday through Friday, except Federal holidays, the draw need not open for the passage of vessels. The regulation governing the Brickell Avenue bridge, mile 0.1, at Miami, is published in 33 CFR 117.305(d) and requires that the bridge open on signal; except that, from 7 a.m. to 7 p.m., Monday through Friday, except Federal holidays, the draw need open only on the hour and half-hour. From 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59 p.m. and 4:35 p.m. to 5:59 p.m., Monday through Friday except Federal holidays, the draw need not open for the passage of vessels. This proposed rule would not adversely affect the reasonable needs of navigation due to the limited time (six and one-half hours) that the bridges would remain in the closed position. Discussion of Proposed Rule The Coast Guard proposes to change the operating regulations of the east and west spans of the Venetian Causeway bridges, the Miami Avenue bridge and the Brickell Avenue bridge annually on the last Sunday in January. This proposed rule would allow, annually on the last Sunday in January, the east span of the Venetian Causeway bridge to remain closed from 6 a.m. to 9 a.m., and the west span of the Venetian Causeway bridge to remain closed from 6:10 a.m. to 9:35 a.m. Annually, on the last Sunday in January, the Miami Avenue bridge would remain closed from 6:25 a.m. to 10:20 a.m., and the Brickell Avenue bridge would remain closed from 7:10 a.m. to 12:30 p.m. Public vessels of the United States and vessels in distress would be allowed to pass at any time, upon signal. In past years, these schedule changes have been made annually by using a temporary final rule. This NPRM proposes to make the change permanently in the regulation, to prevent the need for annual publications in the Federal Register. 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. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 68549 We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. The short duration of time during the morning of the last Sunday in January, that the bridges would remain in the closed position to facilitate the running of the marathon would have little, if any, economic impact, as evidenced by the lack of impact in the past years, when the proposed change was implemented on a temporary basis. 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 that would require passage through these bridges during the morning hours annually on the last Sunday in January. These vessels would not be able to pass through these bridges during the effective times of this proposed rule. However, due to the limited effective times of this proposed rule and the nominal amount of marine traffic expected during the early and late morning hours on a Sunday at this time of year, this proposed rule would not have a significant economic impact on a substantial number of small entities. 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 E:\FR\FM\05DEP1.SGM 05DEP1 68550 Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Proposed Rules concerning its provisions or options for compliance, please contact the person listed under for FOR FURTHER INFORMATION CONTACT. 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 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. sroberts on PROD1PC70 with PROPOSALS 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. VerDate Aug<31>2005 17:10 Dec 04, 2007 Jkt 214001 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. any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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. 1. The authority citation for part 117 continues to read as follows: 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 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 this action is not likely to have a significant effect on the human environment because it simply promulgates the operating regulations or procedures for drawbridges. We seek PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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 Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); Department of Homeland Security Delegation No. 0170.1. 2. In § 117.261, revise paragraph (nn) 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 at Miami. The draw shall open on signal; except that, from 7 a.m. to 7 p.m., Monday through Friday, except Federal holidays, the draw need only open on the hour and half-hour; except that on the last Sunday in January, the draw need not open from 6:10 a.m. until 9:35 a.m. * * * * * 3. Revise § 117.269 to read as follows: § 117.269 Biscayne Bay. The Venetian Causeway Bridge (East), between Miami and Miami Beach, shall open on signal; except that, from 7 a.m. to 7 p.m., Monday through Friday, except Federal holidays, the draw need only open on the hour and half-hour; except that on the last Sunday in January, the draw need not open from 6 a.m. until 9 a.m. Public vessels of the United States and vessels in distress shall be allowed to pass at any time, upon signal. 4. In § 117.305, revise paragraphs (c) and (d) to read as follows: § 117.305 Miami River. * * * * * (c) The draws of the Miami Avenue Bridge, mile 0.3, and the S.W. Second Avenue Bridge, mile 0.5, at Miami, shall open on signal; except that the draw need not open for the passage of vessels at the following times: (1) From 7:35 a.m. to 8:59 a.m., Monday through Friday, except Federal holidays, (2) From 12:05 p.m. to 12:59 p.m., Monday through Friday, except Federal holidays, (3) From 4:35 p.m. to 5:59 p.m., Monday through Friday, except Federal holidays, and E:\FR\FM\05DEP1.SGM 05DEP1 Federal Register / Vol. 72, No. 233 / Wednesday, December 5, 2007 / Proposed Rules (4) From 6:25 a.m. to 10:20 a.m., on the last Sunday in January. (d) The draw of the Brickell Avenue Bridge, mile 0.1, at Miami, shall open on signal; except that, from 7 a.m. to 7 p.m., Monday through Friday except Federal holidays, the draw need open only on the hour and half-hour; except that the draw need not open for the passage of vessels at the following times: (1) From 7:35 a.m. to 8:59 a.m., Monday through Friday, except Federal holidays, (2) From 12:05 p.m. to 12:59 p.m., Monday through Friday, except Federal holidays, (3) From 4:35 p.m. to 5:59 p.m., Monday through Friday, except Federal holidays, and (4) From 7:10 a.m. to 12:30 p.m., on the last Sunday in January. Dated: November 21, 2007. William Lee, Capt., USCG, Acting District Commander, Seventh Coast Guard District. [FR Doc. E7–23564 Filed 12–4–07; 8:45 am] BILLING CODE 4910–15–P 40 CFR Part 52 [EPA–R05–OAR–2006–1021; FRL–8501–4] Approval and Promulgation of Air Quality Implementation Plans; Minnesota Environmental Protection Agency (EPA). ACTION: Proposed rule. sroberts on PROD1PC70 with PROPOSALS AGENCY: SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) revisions to the sulfur dioxide (SO2) requirements for Northern States Power Company, doing business as Xcel Energy, Inver Hills Generating Plant (Inver Hills), located in Inver Grove Heights, Dakota County, Minnesota. The revisions make the limits of the sulfur content in its fuel and its sulfur dioxide emissions more stringent, and prohibit the burning of residual fuel oil. The revisions allow the facility to use simpler methods to analyze the sulfur content of its fuel. Because the sulfur dioxide emission limits are being reduced, the air quality of Dakota County will be protected. DATES: Comments must be received on or before January 4, 2008. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2006–1021, by one of the following methods: 17:10 Dec 04, 2007 Jkt 214001 Matt Rau, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6524, rau.matthew@epa.gov. SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. For additional information, see the direct final rule which is located in the Rules section of this Federal Register. FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION AGENCY VerDate Aug<31>2005 1. http://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: mooney.john@epa.gov. 3. Fax: (312)886–5824. 4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 68551 Dated: November 20, 2007. Bharat Mathur, Acting Regional Administrator, Region 5. [FR Doc. E7–23497 Filed 12–4–07; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 071029623–7624–01] RIN 0648–AW21 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Commercial Dolphin/Wahoo Fishery off the Southern Atlantic States; Control Date National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Advanced notice of proposed rulemaking; request for comments. AGENCY: SUMMARY: NMFS announces that it is considering, and is seeking public comment on proposed rulemaking to control future access to the commercial dolphin/wahoo fishery operating in the exclusive economic zone (EEZ)of the South Atlantic. If changes to the management regime are developed and implemented under the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act), a control date could be used to limit the number of participants in the fishery. This announcement is intended, in part, to promote awareness of the potential eligibility criteria for future access so as to discourage speculative entry into the fishery while the South Atlantic Fishery Management Council (Council) and NMFS consider whether and how access to the dolphin/wahoo commercial fishery should be controlled. DATES: Written comments must be received on or before 5 p.m., local time, January 4, 2008. ADDRESSES: You may submit comments, identified by 0648–AW03, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http:// www.regulations.gov. • Fax: Attn: Kate Michie 727–824– 5308. • Mail: Kate Michie, NMFS Southeast Regional Office, Sustainable Fisheries Division, 263 13th Avenue South, St. Petersburg, FL 33701. E:\FR\FM\05DEP1.SGM 05DEP1

Agencies

[Federal Register Volume 72, Number 233 (Wednesday, December 5, 2007)]
[Proposed Rules]
[Pages 68548-68551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23564]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2007-0105]
RIN 1625-AA09


Drawbridge Operation Regulations; Biscayne Bay, Atlantic 
Intracoastal Waterway, Miami River, and Miami Beach Channel, Miami-Dade 
County, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to change the regulations governing 
the operation of the east and west spans of the Venetian Causeway 
bridges across the Miami Beach Channel on the Atlantic Intracoastal 
Waterway, the Miami Avenue bridge and the Brickell Avenue bridge across 
the Miami River, Miami-Dade County. This proposed rule would allow 
these bridges to remain in the closed position for periods of time 
during the last Sunday in January during the running of an annual 
marathon.

DATES: Comments and related material must reach the Coast Guard on or 
before January 4, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2007-0105 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Mr. Gwin Tate, Seventh Coast Guard District, Bridge 
Administration Branch, (305) 415-6747. If you have questions on viewing 
or submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2007-0105), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time, click on ``Search for Dockets,'' and enter the docket number 
for this rulemaking (USCG-2007-0105) in the Docket ID box, and click 
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of

[[Page 68549]]

the DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 
20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility 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

    As in previous years, the Miami Marathon Director requested that 
the Coast Guard change the existing regulations governing the operation 
of the east and west spans of the Venetian Causeway bridges, the 
Brickell Avenue bridge and the Miami Avenue bridge to allow them to 
remain in the closed position during periods of time on the last Sunday 
in January during the running of an annual marathon. Previously, the 
Coast Guard issued a temporary rule that provided for these bridge 
closings, which range from 6:00 a.m. through 12:30 p.m. The marathon 
route will pass over these four bridges and any bridge opening would 
disrupt the race. Based on the limited amount of time the bridges would 
be closed, the proposed rule would still provide for the reasonable 
needs of navigation on the day of the event.
    The east and west spans of the Venetian Causeway bridges are 
located between Miami and Miami Beach. We published the current 
regulation governing the operation of the east and west spans, mile 
1088.6 at Miami, of the Venetian Causeway bridges on April 16, 2007, 
becoming effective May 16, 2007, which requires the bridges 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. The regulation governing the Miami Avenue bridge, mile 0.3, 
at Miami, is published at 33 CFR 117.305(c) and requires that the 
bridge open on signal; except that, from 7:35 a.m. to 8:59 a.m., 12:05 
p.m. to 12:59 p.m. and 4:35 p.m. to 5:59 p.m., Monday through Friday, 
except Federal holidays, the draw need not open for the passage of 
vessels.
    The regulation governing the Brickell Avenue bridge, mile 0.1, at 
Miami, is published in 33 CFR 117.305(d) and requires that the bridge 
open on signal; except that, from 7 a.m. to 7 p.m., Monday through 
Friday, except Federal holidays, the draw need open only on the hour 
and half-hour. From 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59 p.m. 
and 4:35 p.m. to 5:59 p.m., Monday through Friday except Federal 
holidays, the draw need not open for the passage of vessels.
    This proposed rule would not adversely affect the reasonable needs 
of navigation due to the limited time (six and one-half hours) that the 
bridges would remain in the closed position.

Discussion of Proposed Rule

    The Coast Guard proposes to change the operating regulations of the 
east and west spans of the Venetian Causeway bridges, the Miami Avenue 
bridge and the Brickell Avenue bridge annually on the last Sunday in 
January. This proposed rule would allow, annually on the last Sunday in 
January, the east span of the Venetian Causeway bridge to remain closed 
from 6 a.m. to 9 a.m., and the west span of the Venetian Causeway 
bridge to remain closed from 6:10 a.m. to 9:35 a.m. Annually, on the 
last Sunday in January, the Miami Avenue bridge would remain closed 
from 6:25 a.m. to 10:20 a.m., and the Brickell Avenue bridge would 
remain closed from 7:10 a.m. to 12:30 p.m. Public vessels of the United 
States and vessels in distress would be allowed to pass at any time, 
upon signal.
    In past years, these schedule changes have been made annually by 
using a temporary final rule. This NPRM proposes to make the change 
permanently in the regulation, to prevent the need for annual 
publications in the Federal Register.

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. The short 
duration of time during the morning of the last Sunday in January, that 
the bridges would remain in the closed position to facilitate the 
running of the marathon would have little, if any, economic impact, as 
evidenced by the lack of impact in the past years, when the proposed 
change was implemented on a temporary basis.

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 that would require passage through these bridges during the 
morning hours annually on the last Sunday in January. These vessels 
would not be able to pass through these bridges during the effective 
times of this proposed rule. However, due to the limited effective 
times of this proposed rule and the nominal amount of marine traffic 
expected during the early and late morning hours on a Sunday at this 
time of year, this proposed rule would not have a significant economic 
impact on a substantial number of small entities.
    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

[[Page 68550]]

concerning its provisions or options for compliance, please contact the 
person listed under for FOR FURTHER INFORMATION CONTACT. 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 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 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 this action is not likely to 
have a significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed 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; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1.

    2. In Sec.  117.261, revise paragraph (nn) 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 at Miami. The 
draw shall open on signal; except that, from 7 a.m. to 7 p.m., Monday 
through Friday, except Federal holidays, the draw need only open on the 
hour and half-hour; except that on the last Sunday in January, the draw 
need not open from 6:10 a.m. until 9:35 a.m.
* * * * *
    3. Revise Sec.  117.269 to read as follows:


Sec.  117.269  Biscayne Bay.

    The Venetian Causeway Bridge (East), between Miami and Miami Beach, 
shall open on signal; except that, from 7 a.m. to 7 p.m., Monday 
through Friday, except Federal holidays, the draw need only open on the 
hour and half-hour; except that on the last Sunday in January, the draw 
need not open from 6 a.m. until 9 a.m. Public vessels of the United 
States and vessels in distress shall be allowed to pass at any time, 
upon signal.
    4. In Sec.  117.305, revise paragraphs (c) and (d) to read as 
follows:


Sec.  117.305  Miami River.

* * * * *
    (c) The draws of the Miami Avenue Bridge, mile 0.3, and the S.W. 
Second Avenue Bridge, mile 0.5, at Miami, shall open on signal; except 
that the draw need not open for the passage of vessels at the following 
times:
    (1) From 7:35 a.m. to 8:59 a.m., Monday through Friday, except 
Federal holidays,
    (2) From 12:05 p.m. to 12:59 p.m., Monday through Friday, except 
Federal holidays,
    (3) From 4:35 p.m. to 5:59 p.m., Monday through Friday, except 
Federal holidays, and

[[Page 68551]]

    (4) From 6:25 a.m. to 10:20 a.m., on the last Sunday in January.
    (d) The draw of the Brickell Avenue Bridge, mile 0.1, at Miami, 
shall open on signal; except that, from 7 a.m. to 7 p.m., Monday 
through Friday except Federal holidays, the draw need open only on the 
hour and half-hour; except that the draw need not open for the passage 
of vessels at the following times:
    (1) From 7:35 a.m. to 8:59 a.m., Monday through Friday, except 
Federal holidays,
    (2) From 12:05 p.m. to 12:59 p.m., Monday through Friday, except 
Federal holidays,
    (3) From 4:35 p.m. to 5:59 p.m., Monday through Friday, except 
Federal holidays, and
    (4) From 7:10 a.m. to 12:30 p.m., on the last Sunday in January.

    Dated: November 21, 2007.
William Lee,
Capt., USCG, Acting District Commander, Seventh Coast Guard District.
[FR Doc. E7-23564 Filed 12-4-07; 8:45 am]
BILLING CODE 4910-15-P