Drawbridge Operation Regulation; Snake Creek; Islamorada, FL, 28716-28718 [2016-10922]
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Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations
the 20th day of August, 2016. Domestic
manufacturers and importers of cigars
must submit the information described
in this section for each of the prior
months of fiscal year 2016 as their first
monthly submission. The previous
sentence only applies for the first report
in fiscal year 2016.
(d) First report for pipe tobacco.
Domestic manufacturers and importers
of pipe tobacco must submit the
information described in this section
beginning no later than the 20th day of
August, 2016.
*
*
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*
*
■ 4. In § 1150.7, revise paragraph (a)(1)
and add paragraph (a)(2) to read as
follows:
domestic manufacturers and importers
paid for the class for the prior fiscal
year.
*
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*
Dated: May 3, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016–10688 Filed 5–5–16; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
Docket No. USCG–2015–0046
§ 1150.7
Yearly class allocation.
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(a) * * *
(1) Except for cigars, FDA will
multiply the units of product removed
and not tax exempt for the most recent
full calendar year by the 2003 maximum
Federal excise tax rate for that class
(class dollar figure).
(2) For cigars, FDA will:
(i) Multiply the units of small cigars
removed and not tax exempt for the
most recent full calendar year by the
2003 maximum Federal excise tax rate
for small cigars (small cigar subclass
dollar figure).
(ii) Multiply the units of large cigars
removed and not tax exempt for the
most recent full calendar year by the
2003 maximum Federal excise tax rate
for large cigars (large cigar subclass
dollar figure).
(iii) Add the small cigar subclass
dollar figure and the large cigar subclass
dollar figure (cigar class dollar figure).
*
*
*
*
*
■ 5. In § 1150.9, revise paragraph (a)(1)
and add paragraph (a)(2) to read as
follows:
§ 1150.9 Domestic manufacturer or
importer assessment.
ehiers on DSK5VPTVN1PROD with RULES
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(a) * * *
(1) For each class of tobacco products
except cigars, FDA will calculate the
percentage share for each domestic
manufacturer and importer by dividing
the Federal excise taxes that it paid for
the class for the prior quarter by the
total excise taxes that all domestic
manufacturers and importers paid for
the class for that same quarter.
(2) For the cigar class, FDA will
calculate the percentage share for each
domestic manufacturer and importer by
dividing the Federal excise taxes that it
paid for the class for the prior fiscal year
by the total excise taxes that all
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RIN 1625–AA09
Drawbridge Operation Regulation;
Snake Creek; Islamorada, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
Snake Creek Bridge across Snake Creek,
at Islamorada, FL. This final rule
changes the drawbridge operating
schedule for the Snake Creek Bridge by
requiring it to open once an hour
between 7 a.m. and 6 p.m. The Bridge
Owner, Florida Department of
Transportation and Local officials
requested this action to assist in
reducing vehicle traffic backups caused
by bridge openings.
DATES: This rule is effective June 9,
2016.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type ‘‘USCG–
2015–0046’’ in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Coast Guard Sector Key West
Waterways Management Division;
telephone 305–292–8772, email D07DG-SECKW-WaterwaysManagement@
uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
PO 00000
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Fmt 4700
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II. Background Information and
Regulatory History
The Snake Creek Bridge in
Islamorada, Florida, has a vertical
clearance of 27 feet in the closed
position. The normal operating schedule
as published in 33 CFR 117.331 is on
demand except that from 8 a.m. to 4
p.m., the draw need open only on the
hour and half-hour. This schedule has
been in effect since 2001.
On March 27, 2015, we published a
test deviation entitled Drawbridge
Operation Regulations; Snake Creek;
Islamorada, FL, in the Federal Register
(80 FR 16280). We received 63
comments on the test deviation. No
public meeting was requested, and none
was held.
On September 18, 2015, we published
a temporary interim rule and request for
comments entitled Drawbridge
Operation Regulations; Snake Creek;
Islamorada, FL, in the Federal Register
(80 FR 56381). We received 98
comments on the temporary interim
rule. No public meeting was requested,
and none was held.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
Based on the following input, the
Coast Guard initiated a test of a new
schedule for the Snake Creek Bridge on
May 27, 2015:
1. As reported by village and city
councils, vehicle traffic caused by
frequent openings of the Snake Creek
Bridge negatively impacted Islamorada
and surrounding communities. The
temporary deviation successfully tested
a new bridge operation schedule that
reduced vehicle traffic caused by bridge
openings.
2. On January 8–10, 2013, the Florida
Department of Transportation
conducted a traffic monitoring study
1400 feet south of the Snake Creek
Bridge on US–1. The study found peak
traffic volumes occurring around 08:45
a.m. and between 12:15 p.m. and 3:15
p.m. These peak traffic times were used
to determine when the Snake Creek
Bridge opening schedule could be
limited to reduce traffic.
3. The Coast Guard’s review found
that the types of vessels navigating
Snake Creek include sport fishing
vessels and catamaran sailboats. Many
of these vessels are able to safely transit
under the Bridge in the closed position.
IV. Discussion of Comments, Changes
and the Final Rule
During the comment periods for the
temporary deviation and the temporary
interim rule 161 comments were
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ehiers on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations
submitted to the docket. Sixty-three of
those comment were received in
response to the temporary deviation
published on March 27, 2015 (80 FR
16280) and ninety-eight comments were
received in response to the temporary
interim rule published on September 18,
2015 (80 FR 56381).
One hundred and forty-four
comments supported the amended
operating schedule applied during the
test deviation and the interim rule
which allowed the Snake Creek Bridge
to remain on a once an hour schedule
between 8 a.m. and 6 p.m. seven days
a week and on demand at all other
times.
Six comments received opposed the
amended operating schedule or
suggested a different schedule that was
more restrictive than necessary to
accommodate vehicular traffic and did
not accommodate the reasonable needs
of maritime navigation.
Two commenters requested that the
start time be moved to 7 a.m. to
accommodate the school bus schedule.
We agree that a schedule requiring the
Snake Creek Bridge to open once an
hour starting at 7 a.m. would assist with
alleviating vehicular traffic and would
not interfere with the reasonable needs
of maritime traffic. Therefore, this final
rule has been modified to begin the
limited opening schedule at 7 a.m.
instead of 8 a.m.
One comment suggested that these
regulations were not needed after Labor
Day. A review of the traffic logs shows
that vehicle traffic does not diminish
significantly after Labor Day.
One comment suggested the bridge
remain on a twice an hour schedule
except for weekends and Federal
holidays. Based on a review of vehicle
traffic patterns, vehicle traffic is heavy
throughout the daylight hours and
increases during weekends and Federal
holidays. Reverting to a 30 minute
schedule on weekends and Federal
Holidays would cause excessive vehicle
traffic which was the purpose of this
change in operating schedule.
Therefore, this rule does not make an
exception for weekends and Federal
Holidays.
Two comments suggested placing
morning and afternoon curfew hours on
this bridge. Placing morning and
afternoon navigation closure periods on
this bridge would have an overly
restrictive impact on commercial
waterway users and would not meet the
reasonable needs of maritime traffic.
One comment suggested just three
bridge openings a day. Allowing this
bridge to open just three times during
daylight hours would also have an
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Jkt 238001
overly restrictive impact on maritime
traffic.
Four comments in the docket file
were empty and provided no input.
These comments received during the
interim rule comment period have been
used to adjust this schedule.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.s, and we discuss First
Amendment rights of protesters.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies
to assess the costs and benefits of
available regulatory alternatives, and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
it has not been reviewed by the Office
of Management and Budget.
This regulatory action determination
is made because vessels may navigate
the Snake Creek Bridge during the
scheduled opening times or use
alternate passages including Channel
Five above Long Key, Florida, which is
approximately 5.7 nautical miles
southwest of Snake Creek Bridge.
Channel Five above Long Key, Florida is
a fixed US–1 Bridge that has a vertical
clearance of 65 feet. Also, vessels with
adequate clearance may also pass under
Snake Creek Bridge while it is in the
closed position.
B. 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 rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated above and in V.A., this rule will
not have a significant economic impact
on any vessel owner or operator.
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28717
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this 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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
D. Federalism and Indian Tribal
Government
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 rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in E.O. 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. 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
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Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
§ 117.331
F. Environment
[FR Doc. 2016–10922 Filed 5–9–16; 8:45 am]
We have analyzed this 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 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 rule
involves the operating regulations or
procedures for drawbridges. Normally
such actions are categorically excluded
from further review, under figure 2–1,
paragraph (32)(e), of the Instruction.
This rule simply promulgates the
operating regulations or procedures for
drawbridges. This action is categorically
excluded from further review, 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.
BILLING CODE 9110–04–P
G. 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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
ehiers on DSK5VPTVN1PROD with RULES
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.
■
2. Revise § 117.331 to read as follows:
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Snake Creek.
The draw of the Snake Creek Bridge,
at Islamorada, Florida, will open on
signal, except that from 7 a.m. to 6 p.m.,
the draw need open only on the hour.
Dated: May 4, 2016.
S. A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R08–OAR–2015–0205; FRL–9945–64–
Region 8]
Designation of Areas for Air Quality
Planning Purposes; Redesignation
Request and Associated Maintenance
Plan for Billings, MT 2010 SO2
Nonattainment Area
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State of
Montana’s request to redesignate the
Billings sulfur dioxide (SO2)
nonattainment area to attainment for the
2010 SO2 primary national ambient air
quality standards (NAAQS). The EPA
has determined that the Billings SO2
nonattainment area is attaining the 2010
SO2 primary NAAQS. In addition, the
EPA is approving Montana’s
maintenance plan which provides for
continued attainment of the 2010 SO2
primary NAAQS in the area. These
actions are being taken under the Clean
Air Act (CAA).
DATES: This final rule is effective on
June 9, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification Number EPA–R08–OAR–
2015–0205. All documents in the docket
are listed on the https://
www.regulations.gov index. Although
listed in the index, some information
may not be publicly available, e.g.,
Confidential Business Information or
other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver,
SUMMARY:
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Colorado, 80202–1129. EPA requests
that you contact the individual listed in
the FOR FURTHER INFORMATION CONTACT
section to view the hard copy of the
docket. You may view the hard copy of
the docket Monday through Friday, 8:00
a.m. to 4:00 p.m., excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Adam Clark, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop, Denver, Colorado 80202–
1129, (303) 312–7104, clark.adam@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The EPA designated a portion of
Billings, Montana, as nonattainment for
the 2010 SO2 NAAQS on August 5,
2013, (effective October 4, 2013) using
2009–2011 ambient air quality data,
leaving the remaining portion of Billings
and Yellowstone County undesignated
and subject to future analysis and
designation. See 78 FR 47191 (August 5,
2013).
On January 16, 2015, the State
submitted a request for the EPA to
determine that the Billings SO2
nonattainment area has attained the
2010 SO2 NAAQS per the EPA’s ‘‘clean
data policy.’’ On December 14, 2015, the
State submitted to the EPA a request for
redesignation of the Billings 2010 SO2
nonattainment area to attainment and a
SIP revision containing a maintenance
plan for the area.
On March 7, 2016, the EPA published
a notice of proposed rulemaking (NPR)
which proposed to approve the State’s
requests. See 81 FR 11733. Specifically,
the EPA proposed to take the following
four separate but related actions: (1)
Determine that the Billings SO2
nonattainment area is attaining the 2010
1-hour SO2 NAAQS; (2) approve
Montana’s plan for maintaining the
2010 1-hour SO2 NAAQS (maintenance
plan); (3) redesignate the Billings SO2
nonattainment area to attainment for the
2010 1-hour SO2 NAAQS; and (4)
determine that the Billings SO2
nonattainment area has clean
monitoring data. The details of
Montana’s submittal and the rationale
for EPA’s proposed actions are
explained in the NPR and will not be
restated here. The EPA received two
public comments on the NPR, both of
which supported the proposed
redesignation. We acknowledge these
supportive comments.
II. Final Action
The EPA is taking final actions on the
redesignation request and maintenance
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]]>Agencies
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Rules and Regulations]
[Pages 28716-28718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10922]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
Docket No. USCG-2015-0046
RIN 1625-AA09
Drawbridge Operation Regulation; Snake Creek; Islamorada, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Snake Creek Bridge across Snake Creek, at Islamorada, FL.
This final rule changes the drawbridge operating schedule for the Snake
Creek Bridge by requiring it to open once an hour between 7 a.m. and 6
p.m. The Bridge Owner, Florida Department of Transportation and Local
officials requested this action to assist in reducing vehicle traffic
backups caused by bridge openings.
DATES: This rule is effective June 9, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type ``USCG-
2015-0046'' in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Coast Guard Sector Key West Waterways Management
Division; telephone 305-292-8772, email D07-DG-SECKW-WaterwaysManagement@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Snake Creek Bridge in Islamorada, Florida, has a vertical
clearance of 27 feet in the closed position. The normal operating
schedule as published in 33 CFR 117.331 is on demand except that from 8
a.m. to 4 p.m., the draw need open only on the hour and half-hour. This
schedule has been in effect since 2001.
On March 27, 2015, we published a test deviation entitled
Drawbridge Operation Regulations; Snake Creek; Islamorada, FL, in the
Federal Register (80 FR 16280). We received 63 comments on the test
deviation. No public meeting was requested, and none was held.
On September 18, 2015, we published a temporary interim rule and
request for comments entitled Drawbridge Operation Regulations; Snake
Creek; Islamorada, FL, in the Federal Register (80 FR 56381). We
received 98 comments on the temporary interim rule. No public meeting
was requested, and none was held.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
Based on the following input, the Coast Guard initiated a test of a
new schedule for the Snake Creek Bridge on May 27, 2015:
1. As reported by village and city councils, vehicle traffic caused
by frequent openings of the Snake Creek Bridge negatively impacted
Islamorada and surrounding communities. The temporary deviation
successfully tested a new bridge operation schedule that reduced
vehicle traffic caused by bridge openings.
2. On January 8-10, 2013, the Florida Department of Transportation
conducted a traffic monitoring study 1400 feet south of the Snake Creek
Bridge on US-1. The study found peak traffic volumes occurring around
08:45 a.m. and between 12:15 p.m. and 3:15 p.m. These peak traffic
times were used to determine when the Snake Creek Bridge opening
schedule could be limited to reduce traffic.
3. The Coast Guard's review found that the types of vessels
navigating Snake Creek include sport fishing vessels and catamaran
sailboats. Many of these vessels are able to safely transit under the
Bridge in the closed position.
IV. Discussion of Comments, Changes and the Final Rule
During the comment periods for the temporary deviation and the
temporary interim rule 161 comments were
[[Page 28717]]
submitted to the docket. Sixty-three of those comment were received in
response to the temporary deviation published on March 27, 2015 (80 FR
16280) and ninety-eight comments were received in response to the
temporary interim rule published on September 18, 2015 (80 FR 56381).
One hundred and forty-four comments supported the amended operating
schedule applied during the test deviation and the interim rule which
allowed the Snake Creek Bridge to remain on a once an hour schedule
between 8 a.m. and 6 p.m. seven days a week and on demand at all other
times.
Six comments received opposed the amended operating schedule or
suggested a different schedule that was more restrictive than necessary
to accommodate vehicular traffic and did not accommodate the reasonable
needs of maritime navigation.
Two commenters requested that the start time be moved to 7 a.m. to
accommodate the school bus schedule. We agree that a schedule requiring
the Snake Creek Bridge to open once an hour starting at 7 a.m. would
assist with alleviating vehicular traffic and would not interfere with
the reasonable needs of maritime traffic. Therefore, this final rule
has been modified to begin the limited opening schedule at 7 a.m.
instead of 8 a.m.
One comment suggested that these regulations were not needed after
Labor Day. A review of the traffic logs shows that vehicle traffic does
not diminish significantly after Labor Day.
One comment suggested the bridge remain on a twice an hour schedule
except for weekends and Federal holidays. Based on a review of vehicle
traffic patterns, vehicle traffic is heavy throughout the daylight
hours and increases during weekends and Federal holidays. Reverting to
a 30 minute schedule on weekends and Federal Holidays would cause
excessive vehicle traffic which was the purpose of this change in
operating schedule. Therefore, this rule does not make an exception for
weekends and Federal Holidays.
Two comments suggested placing morning and afternoon curfew hours
on this bridge. Placing morning and afternoon navigation closure
periods on this bridge would have an overly restrictive impact on
commercial waterway users and would not meet the reasonable needs of
maritime traffic.
One comment suggested just three bridge openings a day. Allowing
this bridge to open just three times during daylight hours would also
have an overly restrictive impact on maritime traffic.
Four comments in the docket file were empty and provided no input.
These comments received during the interim rule comment period have
been used to adjust this schedule.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protesters.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives, and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This regulatory action determination is made because vessels may
navigate the Snake Creek Bridge during the scheduled opening times or
use alternate passages including Channel Five above Long Key, Florida,
which is approximately 5.7 nautical miles southwest of Snake Creek
Bridge. Channel Five above Long Key, Florida is a fixed US-1 Bridge
that has a vertical clearance of 65 feet. Also, vessels with adequate
clearance may also pass under Snake Creek Bridge while it is in the
closed position.
B. 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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated above and in V.A.,
this rule will not have a significant economic impact on any vessel
owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
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 rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. 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
[[Page 28718]]
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 rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this 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
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 rule involves the operating regulations or procedures
for drawbridges. Normally such actions are categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, 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.
G. 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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.331 to read as follows:
Sec. 117.331 Snake Creek.
The draw of the Snake Creek Bridge, at Islamorada, Florida, will
open on signal, except that from 7 a.m. to 6 p.m., the draw need open
only on the hour.
Dated: May 4, 2016.
S. A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2016-10922 Filed 5-9-16; 8:45 am]
BILLING CODE 9110-04-P
