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