Drawbridge Operation Regulation; Biscayne Bay, Miami Beach, FL, 54241-54244 [2014-21681]
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Federal Register / Vol. 79, No. 176 / Thursday, September 11, 2014 / Proposed Rules
investment company, is a ‘‘small
business’’ or ‘‘small organization’’ if it
has total assets of $5 million or less as
of the end of its most recent fiscal year
and is engaged or proposing to engage
in an offering of securities which does
not exceed $5 million.126 Based on our
understanding of the security-based
swaps market, including our existing
information about participants in the
security-based swaps market, we believe
that the proposed rule would apply to
few, if any, small entities.127 For this
reason, we do not believe that the
proposed rule would have a significant
economic impact on a substantial
number of small entities. We encourage
written comments regarding this
certification.
VIII. Statutory Authority and Text of
the Proposed Rule
The rule described in this release is
being proposed under the authority set
forth in Sections 5, 19, and 28 of the
Securities Act.
List of Subjects in 17 CFR Part 230
Reporting and recordkeeping
requirements, Securities.
Text of the Proposed Rule
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
For the reasons set out above, we are
proposing to amend Title 17, Chapter II
of the Code of Federal Regulations as
follows:
126 See Rule 157 under the Securities Act [17 CFR
230.157].
127 As noted above, we previously have estimated
that 50 or fewer entities ultimately may have to
register with us as security-based swap dealers. See
footnote 118 above and accompanying text. We
believe that these entities generally would be major
banks or other large financial market participants,
which would not be small entities for purposes of
the RFA. See Cross-Border Adopting Release. These
entities account for the vast majority of the
transactions in the security-based swaps market as
measured on a notional basis. For example,
according to an analysis regarding the market for
single-name credit default swaps performed by our
Division of Economic and Risk Analysis (then
Division of Risk, Strategy, and Financial
Innovation), these entities account for
approximately 94 percent of the transactions in the
single-name credit default swaps market as
measured on a notional basis. See Information
regarding activities and positions of participants in
the single-name credit default swap market (Mar.
15, 2012), which is available at https://www.sec.gov/
comments/s7-39-10/s73910-154.pdf. According to
data published by the Bank for International
Settlements, single-name credit default swaps
comprise approximately 94 percent of the total
security-based swaps market as measured on a
notional basis. See Semiannual OTC derivatives
statistics at end-June 2012, Table 19: Amounts
outstanding of over-the-counter (OTC) derivatives,
which is available at https://www.bis.org/statistics/
otcder/dt1920a.pdf.
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PART 230—GENERAL RULES AND
REGULATIONS, SECURITIES ACT OF
1933
1. The authority citation for Part 230
continues to read, in part, as follows:
■
Authority: 15 U.S.C. 77b, 77b note, 77c,
77d, 77d note, 77f, 77g, 77h, 77j, 77r, 77s,
77z–3, 77sss, 78c, 78d, 78j, 78l, 78m, 78n,
78o, 78o–7 note, 78t, 78w, 78ll(d), 78mm,
80a–8, 80a–24, 80a–28, 80a–29, 80a–30, and
80a–37, and Pub. L. 112–106, sec. 201(a), 126
Stat. 313 (2012), unless otherwise noted.
*
*
*
*
*
2. Section 230.135d is added to read
as follows:
■
§ 230.135d Certain communications
involving security-based swaps.
For the purposes only of Section 5 of
the Act (15 U.S.C. 77e), the publication
or distribution of quotes relating to
security-based swaps that may be
purchased only by persons who are
eligible contract participants (as defined
in Section 1a(18) of the Commodity
Exchange Act (7 U.S.C. 1a(18))) and are
traded or processed on or through a
trading system or platform that either is
registered as a national securities
exchange under Section 6(a) of the
Securities Exchange Act of 1934 (15
U.S.C. 78f(a)) or as a security-based
swap execution facility under Section
3D(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c–4(a)), or is exempt
from registration as a security-based
swap execution facility under Section
3D(a) of the Securities.
Exchange Act of 1934 pursuant to a
rule, regulation, or order of the
Commission, shall not be deemed to
constitute an offer, an offer to sell, or a
solicitation of an offer to buy or
purchase such security-based swaps or
any guarantees of such security-based
swap that are securities.
Dated: September 8, 2014.
By the Commission.
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2014–21676 Filed 9–10–14; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 117
[Docket No. USCG–2014–0719]
RIN 1625–AA09
Drawbridge Operation Regulation;
Biscayne Bay, Miami Beach, FL
PO 00000
Coast Guard, DHS.
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Notice of proposed rulemaking.
The Coast Guard proposes
modifying the operating schedule that
governs the East Venetian Causeway
Bridge across Miami Beach Channel,
Miami-Dade County, Florida. For
approximately nine months, the West
Venetian Causeway Bridge will remain
in the open position to complete
necessary repairs. This rule is proposed
to ensure that vehicular traffic will be
able to access and depart from the
Venetian Causeway via the East
Venetian Causeway Bridge while these
repairs are completed.
DATES: Comments and related material
must reach the Coast Guard on or before
October 14, 2014.
Requests for public meetings must be
received by the Coast Guard on or before
September 26, 2014.
ADDRESSES: You may submit comments
identified by docket number USCG–
2014–0719 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Mr. Gene Stratton of
the Coast Guard, telephone 305–415–
6740, email allen.e.stratton@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section Symbol
U.S.C. United States Code
Coast Guard
AGENCY:
ACTION:
54241
A. Public Participation and Request for
Comments
We encourage you to participate in
this proposed rulemaking by submitting
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Federal Register / Vol. 79, No. 176 / Thursday, September 11, 2014 / Proposed Rules
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
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.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
1. Submitting Comments
If you submit a comment, please
include the docket number for this
proposed rulemaking (USCG–2014–
0719), indicate the specific section of
this document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (https://
www.regulations.gov), or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a phone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2014–0719] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking. If you submit your
comments by mail or hand 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 and may
change the rule based on your
comments.
2. 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, type the
docket number (USCG–2014–0719) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
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Jkt 232001
days a week from 7 a.m. on November
1, 2014 to 11:59 p.m. on August 15,
2015.
3. Privacy Act
Anyone can search the electronic
form of 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 a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
C. Discussion of Proposed Rule
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one on or before September 26, 2014,
using one of the methods specified
under ADDRESSES. Please explain 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.
B. Basis and Purpose
Due to the emergency replacement of
the approach span leading to the West
Venetian Causeway Bridge across the
Atlantic Intracoastal Waterway, Miami,
Florida, the roadway will be closed from
November 1, 2014 until August 1, 2015.
As a result, the bridge owner will place
the West Venetian Causeway Bridge in
the open to navigation position.
This road closure action will require
all Venetian Islands visitors and
residents to use the East Venetian
Causeway Bridge.
The vertical clearance of the East
Venetian Causeway Bridge is five feet
above mean high water and the
horizontal clearance is 57 feet between
fenders. Existing regulations require the
Biscayne Bay East Venetian Causeway
Bridge to open on signal except from 7
a.m. to 7 p.m., Monday through Friday
(excluding Federal holidays) when the
bridge must only open on the hour and
half hour. Both the Mayor of MiamiDade County and the Mayor of Miami
Beach have requested that the Coast
Guard consider closing the East
Venetian Causeway Bridge to all marine
traffic for the estimated nine-month
period of bridge repair at the approach
span on West side of the Venetian
Islands. To ensure that vessel traffic
unable to transit under the bridge in the
closed position can continue to use this
waterway while repairs are made to the
West Venetian Causeway Bridge, the
Coast Guard proposes a temporary
amendment to this regulation requiring
the East Venetian Causeway Bridge to
open at 10:30 a.m. and 7:30 p.m. seven
PO 00000
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This proposed rule will temporarily
modify the operating schedule of the
Venetian Causeway Bridge (East) at 33
CFR 117.269. Under the proposed rule,
vessels will be able to pass through the
East Venetian Causeway Bridge twice
per day, 10:30 a.m. and 7:30 p.m. This
restricted bridge opening period will
allow vehicular traffic to access and
depart from the Venetian Causeway
while repairs are made to the West
Venetian Causeway Bridge. Emergency
vessels will be passed through the
bridge at any time.
D. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
1. Regulatory Planning and Review
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, as
supplemented by Executive Order
13563, Improving Regulation and
Regulatory Review, and does not require
an assessment of potential costs and
benefits under section 6(a)(3) of Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders.
This regulatory action will not have a
significant economic impact as vessels
will still be able to transit the bridge at
the scheduled intervals or transit the
West Venetian Causeway Bridge.
Therefore, it will meet the reasonable
needs of navigation while
accommodating the increased vehicular
traffic.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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.
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Federal Register / Vol. 79, No. 176 / Thursday, September 11, 2014 / Proposed Rules
This proposed rule would affect the
following entities, some of which might
be small entities: The owners or
operators of vessels needing to transit
the bridge who will then need to seek
the alternate route, which is some cases
could add an additional 1⁄2 hour to 3⁄4
hour to their transit time to the ocean
in each direction.
This action will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: Vessel traffic may
transit the West Venetian Causeway
Bridge during the period this regulation
is enforced. In the closed position,
vessels with a vertical clearance of less
than 5 feet may transit the East Venetian
Causeway Bridge. The bridge will
continue to open two times per day,
10:30 a.m. and 7:30 p.m., to
accommodate vessels unable to transit
under the East Venetian Causeway
Bridge or through the West Venetian
Causeway Bridge.
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.
3. 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. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above. The Coast Guard
will not retaliate against small entities
that question or complain about this
proposed rule or any policy or action of
the Coast Guard.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
4. 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.).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
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Order and have determined that it does
not have implications for federalism.
power and responsibilities between the
Federal Government and Indian tribes.
6. Protest Activities
12. Energy Effects
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
7. 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 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. 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.
10. 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.
11. 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
PO 00000
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13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule. 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;
Department of Homeland Security Delegation
No. 0170.1.
§ 117.269
[Suspended]
2. From 7 a.m. on November 1, 2014
to 11:59 p.m. on August 15, 2015,
suspend § 117.269.
■ 3. From 7 a.m. on November 1, 2014
to 11:59 p.m. on August 15, 2015, add
temporary § 117.T269 to read as follows:
■
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Federal Register / Vol. 79, No. 176 / Thursday, September 11, 2014 / Proposed Rules
§ 117.T269
Biscayne Bay
Dated: August 18, 2014.
John H. Korn,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2014–21681 Filed 9–10–14; 8:45 am]
BILLING CODE 9110–04–P
Tables of Acronyms
DEPARTMENT OF HOMELAND
SECURITY
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section Symbol
U.S.C. United States Code
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0983]
RIN 1625–AA09
Drawbridge Operation Regulation;
Thames River, New London, CT
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
change the operating schedule that
governs the Amtrak Bridge across the
Thames River, mile 3.0, at New London,
Connecticut. Under this notice of
proposed rulemaking the bridge would
open to 75 feet above mean high water
instead of the full open position of 135.3
feet unless a full bridge opening is
requested. It is expected that this change
to the regulations will create efficiency
in drawbridge operations while
continuing to meet the reasonable needs
of navigation.
DATES: Comments and related material
must be received by the Coast Guard on
or before November 10, 2014.
ADDRESSES: You may submit comments
identified by docket number USCG–
2013–0983 using any one of the
following methods:
(1) Federal Rulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: 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.
Deliveries accepted between 9 a.m. and
5 p.m., Monday through Friday, except
federal holidays. The telephone number
is 202–366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these three methods.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
SUMMARY:
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If
you have questions on this proposed
rule, call or email Ms. Judy Leung-Yee,
Project Officer, First Coast Guard
District Bridge Program, telephone 212–
668–7165, email judy.k.leung-yee@
uscg.mil. If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
The Venetian Causeway Bridge (East)
shall remain closed to navigation except
that it shall open at 10:30 a.m. and 7:30
p.m. daily.
Jkt 232001
A. 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.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2013–0983),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (https://
www.regulations.gov), or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a phone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number USCG–2013–0983 in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on ‘‘Submit a Comment’’ on the
line associated with this rulemaking. If
you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
PO 00000
Frm 00032
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Sfmt 4702
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 and may change
the rule based on your comments.
2. 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, type the
docket number (USCG–2013–0983) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit either
the Docket Management Facility in
Room W12–140 on the ground floor of
the Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. We have an
agreement with the Department of
Transportation to use the Docket
Management Facility.
3. Privacy Act
Anyone can search the electronic
form of 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 a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain 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.
B. Basis and Purpose
The Amtrak Bridge across the Thames
River, mile 3.0, at New London,
Connecticut, has a vertical clearance in
the closed position of 29.4 feet at mean
high water and 31.8 feet at mean low
water. The drawbridge operation
regulations are listed at 33 CFR 117.224.
The waterway users are both
recreational and commercial vessels.
The owner of the bridge, National
Passenger Railroad Corporation
(Amtrak), is requesting an exception to
the requirement to fully open the bridge
to its full 135.3 foot height above mean
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]]>Agencies
[Federal Register Volume 79, Number 176 (Thursday, September 11, 2014)]
[Proposed Rules]
[Pages 54241-54244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21681]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2014-0719]
RIN 1625-AA09
Drawbridge Operation Regulation; Biscayne Bay, Miami Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes modifying the operating schedule that
governs the East Venetian Causeway Bridge across Miami Beach Channel,
Miami-Dade County, Florida. For approximately nine months, the West
Venetian Causeway Bridge will remain in the open position to complete
necessary repairs. This rule is proposed to ensure that vehicular
traffic will be able to access and depart from the Venetian Causeway
via the East Venetian Causeway Bridge while these repairs are
completed.
DATES: Comments and related material must reach the Coast Guard on or
before October 14, 2014.
Requests for public meetings must be received by the Coast Guard on
or before September 26, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2014-0719 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: 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. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Gene Stratton of the Coast Guard, telephone
305-415-6740, email allen.e.stratton@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. Public Participation and Request for Comments
We encourage you to participate in this proposed rulemaking by
submitting
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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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
proposed rulemaking (USCG-2014-0719), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online (https://www.regulations.gov), or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2014-0719] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking. If you submit your comments by mail or hand 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 and may change
the rule based on your comments.
2. 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,
type the docket number (USCG-2014-0719) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one on or before September 26, 2014, using one of the
methods specified under ADDRESSES. Please explain 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.
B. Basis and Purpose
Due to the emergency replacement of the approach span leading to
the West Venetian Causeway Bridge across the Atlantic Intracoastal
Waterway, Miami, Florida, the roadway will be closed from November 1,
2014 until August 1, 2015. As a result, the bridge owner will place the
West Venetian Causeway Bridge in the open to navigation position.
This road closure action will require all Venetian Islands visitors
and residents to use the East Venetian Causeway Bridge.
The vertical clearance of the East Venetian Causeway Bridge is five
feet above mean high water and the horizontal clearance is 57 feet
between fenders. Existing regulations require the Biscayne Bay East
Venetian Causeway Bridge to open on signal except from 7 a.m. to 7
p.m., Monday through Friday (excluding Federal holidays) when the
bridge must only open on the hour and half hour. Both the Mayor of
Miami-Dade County and the Mayor of Miami Beach have requested that the
Coast Guard consider closing the East Venetian Causeway Bridge to all
marine traffic for the estimated nine-month period of bridge repair at
the approach span on West side of the Venetian Islands. To ensure that
vessel traffic unable to transit under the bridge in the closed
position can continue to use this waterway while repairs are made to
the West Venetian Causeway Bridge, the Coast Guard proposes a temporary
amendment to this regulation requiring the East Venetian Causeway
Bridge to open at 10:30 a.m. and 7:30 p.m. seven days a week from 7
a.m. on November 1, 2014 to 11:59 p.m. on August 15, 2015.
C. Discussion of Proposed Rule
This proposed rule will temporarily modify the operating schedule
of the Venetian Causeway Bridge (East) at 33 CFR 117.269. Under the
proposed rule, vessels will be able to pass through the East Venetian
Causeway Bridge twice per day, 10:30 a.m. and 7:30 p.m. This restricted
bridge opening period will allow vehicular traffic to access and depart
from the Venetian Causeway while repairs are made to the West Venetian
Causeway Bridge. Emergency vessels will be passed through the bridge at
any time.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
This regulatory action will not have a significant economic impact
as vessels will still be able to transit the bridge at the scheduled
intervals or transit the West Venetian Causeway Bridge. Therefore, it
will meet the reasonable needs of navigation while accommodating the
increased vehicular traffic.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
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This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
needing to transit the bridge who will then need to seek the alternate
route, which is some cases could add an additional \1/2\ hour to \3/4\
hour to their transit time to the ocean in each direction.
This action will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic may transit the West Venetian Causeway Bridge during the period
this regulation is enforced. In the closed position, vessels with a
vertical clearance of less than 5 feet may transit the East Venetian
Causeway Bridge. The bridge will continue to open two times per day,
10:30 a.m. and 7:30 p.m., to accommodate vessels unable to transit
under the East Venetian Causeway Bridge or through the West Venetian
Causeway Bridge.
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.
3. 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. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. 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.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule simply
promulgates the operating regulations or procedures for drawbridges.
This rule is categorically excluded, under figure 2-1, paragraph
(32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule. 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
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1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
Sec. 117.269 [Suspended]
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2. From 7 a.m. on November 1, 2014 to 11:59 p.m. on August 15, 2015,
suspend Sec. 117.269.
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3. From 7 a.m. on November 1, 2014 to 11:59 p.m. on August 15, 2015,
add temporary Sec. 117.T269 to read as follows:
[[Page 54244]]
Sec. 117.T269 Biscayne Bay
The Venetian Causeway Bridge (East) shall remain closed to
navigation except that it shall open at 10:30 a.m. and 7:30 p.m. daily.
Dated: August 18, 2014.
John H. Korn,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2014-21681 Filed 9-10-14; 8:45 am]
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