Drawbridge Operation Regulation; Atlantic Intracoastal Waterway and Indian Creek, Miami, FL, 18990-18992 [2017-08257]

Download as PDF 18990 Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations Vessels able to pass through the bridge in the closed position may do so at any time. The bridge will be able to open for emergencies and there is no immediate alternate route for vessels to pass through the bridge in closed positions. The Coast Guard will also inform the users of the waterways through Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. asabaliauskas on DSK3SPTVN1PROD with RULES Public Participation and Request for Comments 16:35 Apr 24, 2017 Jkt 241001 [FR Doc. 2017–08260 Filed 4–24–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 RIN 1625–AA09 Drawbridge Operation Regulation; Atlantic Intracoastal Waterway and Indian Creek, Miami, FL ACTION: Coast Guard, DHS. Final rule. The Coast Guard is modifying the operating schedule that governs the West 79th Street Bridge across the Atlantic Intracoastal Waterway mile 1084.6, Miami, FL and the operating schedule that governs the East 79th Street Bridge across Miami Beach Channel, Miami, FL. This action will place the East and West 79th Street Bridges across Miami Beach Channel and Atlantic Intracoastal Waterway, Miami, FL on a twice an hour opening schedule between 7 a.m. and 7 p.m., Monday through Friday, except Federal holidays. This action is intended to reduce vehicular traffic caused by these bridges opening on demand. DATES: This rule is effective May 25, 2017. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2015– 0768. 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 e- Mr. Michael Lieberum of the Coast Guard; telephone 305–415–6744, email Michael.b.lieberum@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 II. Background Information and Regulatory History On May 10, 2016, we published a notice of proposed rulemaking (NPRM) titled Drawbridge Operation Regulation; Atlantic Intracoastal Waterway and Indian Creek, Miami, FL in the Federal Register (81 FR 28795). There we stated why we issued the NPRM and invited comments on our proposed regulatory action related to the East and West 79th Street Bridges. During the comment period that ended on June 11, 2016, we received 12 comments. III. Legal Authority and Need for Rule [Docket No. USCG–2015–0768] AGENCY: We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this notice of deviation, and all public comments, are in our online docket at http:// www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. VerDate Sep<11>2014 Dated: April 19, 2017. Barry Dragon, Director, Bridge Branch, Seventh Coast Guard District. The Coast Guard is issuing this rule under authority in 33 U.S.C. 499. The East and West 79th Street Bridges currently open upon request or signal, pursuant to 33 CFR 117.5, which results in frequent openings that restrict vehicle traffic during the day, especially during morning and afternoon rush hour traffic. The Florida Department of Transportation (FDOT), the bridge owner, and the City of North Bay Village requested a change to the current operating schedule for both bridges to allow for scheduled openings twice an hour during peak traffic times. Bridge logs indicate these bridges open up to four times an hour or more during peak travel times, which results in frequent vehicular traffic disruptions. This regulation would reduce vehicle traffic backups without unreasonably restricting vessel traffic by scheduling two openings per hour during peak traffic times, thereby balancing the needs of both modes of transportation. Additionally, other bridges on this section of the Intracoastal Waterway and Miami Channel open two times per hour. The scheduled openings will align the 79th Street bridge openings with other bridges on the Intracoastal, namely, the Broad Causeway Bridge to the North (33 CFR 117.261(mm) and The Venetian Causeway Bridge to the South (33 CFR 117.261(nn), thereby allowing vessels to plan voyages during opening times and vehicles to schedule commutes around these openings. The East 79th Street Bridge across Miami Beach Channel, Miami, FL has a vertical clearance of 25 feet at mean high water (MHW) in the closed to navigation position and a horizontal clearance of 60 feet between fenders. The West 79th Street Bridge across the Atlantic Intracoastal Waterway mile 1084.6, Miami, FL has a vertical clearance of 25 feet at MHW in the closed to navigation position and a horizontal clearance of 90 feet between fenders. E:\FR\FM\25APR1.SGM 25APR1 Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations IV. Discussion of Comments, Changes and the Final Rule As noted above, the Coast Guard received 12 comments to the NPRM published on May 10, 2016. All 12 of the comments were in favor of changing the existing on-demand schedule to a twice an hour opening schedule from 7 a.m. to 7 p.m. One comment requested that this bridge only open when vessels are waiting or when there is a request to open. This stipulation is covered by other regulations in 33 CFR part 117 and will only open at the designated times if requested by vessel operators. This rule will allow the draw of the West 79th Street Bridges, across the AICW and Indian Creek at Miami, Florida to open twice an hour, once on the hour and once on the half-hour, Monday through Friday between the hours of 7 a.m. and 7 p.m. During nights and weekends and on Federal holidays, the Bridge would open on signal. This is a significant change from the ondemand schedule both bridges were previously operating on. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protesters. asabaliauskas on DSK3SPTVN1PROD with RULES A. Regulatory Planning and Review Executive Orders 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. Executive Order 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 Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the ability that vessels can still transit the bridge during the scheduled opening times. 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 VerDate Sep<11>2014 16:35 Apr 24, 2017 Jkt 241001 fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rule. 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 in section IV.A above, this rule would 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 (Pub. L. 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, 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 Executive Order 13132. Also, this rule does not have tribal implications under Executive Order PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 18991 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. 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 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 determined 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 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. E:\FR\FM\25APR1.SGM 25APR1 18992 Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: ACTION: 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. In § 117.261, add paragraph (mm-1) to read as follows: ■ § 117.261 Atlantic Intracoastal Waterway from St. Marys River to Key Largo. * * * * * (mm-1) West 79th Street Bridge. The draw of the West 79th Street Bridge, at Miami, Florida will 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. * * * * * ■ 3. Add § 117.304 to read as follows: Miami Beach Channel. The draw of the East 79th Street Bridge, at Miami, Florida will 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. Dated: April 19, 2017. S.A. Buschman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2017–08257 Filed 4–24–17; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2012–0933; FRL–9958–35– Region 8] Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 2010 NO2, 2010 SO2, and 2012 PM2.5 National Ambient Air Quality Standards; Wyoming AGENCY: Environmental Protection asabaliauskas on DSK3SPTVN1PROD with RULES Agency. VerDate Sep<11>2014 16:35 Apr 24, 2017 Jkt 241001 The Environmental Protection Agency (EPA) is approving elements of State Implementation Plan (SIP) revisions from the State of Wyoming to demonstrate the State meets infrastructure requirements of the Clean Air Act (CAA) for the National Ambient Air Quality Standards (NAAQS) promulgated for ozone on March 12, 2008, lead (Pb) on October 15, 2008, nitrogen dioxide (NO2) on January 22, 2010, sulfur dioxide (SO2) on June 2, 2010, and fine particulate matter (PM2.5) on December 14, 2012. The EPA is also approving SIP revisions the State submitted regarding state boards. DATES: This rule is effective on May 25, 2017. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R08–OAR–2012–0933. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202–1129. The EPA requests that if at all possible, 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: Abby Fulton, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P–AR, 1595 Wynkoop Street, Denver, Colorado 80202–1129, (303) 312–6563, fulton.abby@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: PART 117—DRAWBRIDGE OPERATION REGULATIONS § 117.304 Final rule. I. Background Infrastructure requirements for SIPs are set forth in section 110(a)(1) and (2) PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 of the CAA. Section 110(a)(2) lists the specific infrastructure elements that a SIP must contain or satisfy. In our proposed rule (PR), the EPA proposed to approve and take no action on some infrastructure elements for the 2008 Pb, 2008 ozone, 2010 NO2, 2010 SO2 and 2012 PM2.5 NAAQS from the State’s certifications.1 In this rulemaking, we are taking final action to approve infrastructure elements from the State’s certifications. We are also taking final action to approve new rules to Wyoming Department of Environmental Quality General Rules of Practice and Procedure submitted on May 31, 2016, to satisfy requirements of section 110(a)(2)(E)(ii), state boards. II. Response to Comments We received one comment letter from the Wyoming Department of Environmental Quality (Wyoming DEQ) in support of the EPA’s proposed approval of infrastructure requirements of the CAA and the state boards requirement under CAA section 128. III. Final Action For reasons expressed in the proposed rule, the EPA is taking final action to approve infrastructure elements from the State’s certifications as shown in Table 1. Elements we are taking no action on are reflected in Table 2. We are also approving new rules to Wyoming Department of Environmental Quality General Rules of Practice and Procedure, Chapter 1, General Provisions, section 16 submitted on May 31, 2016, to satisfy requirements of section 110(a)(2)(E)(ii), which pertains to the state boards requirement under section 128 (Table 1). A comprehensive summary of infrastructure elements and new rules being approved into the Wyoming SIP through this final rule action are provided in Table 1 and Table 2. 1 ‘‘Where an air agency determines that the provisions in or referred to by its existing EPA approved SIP are adequate with respect to a given infrastructure SIP element (or subelement) even in light of the promulgation of a new or revised NAAQS, the air agency may make a SIP submission in the form of a certification.’’ EPA’s ‘‘Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and (2),’’ September 13, 2013, at 7. E:\FR\FM\25APR1.SGM 25APR1

Agencies

[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Rules and Regulations]
[Pages 18990-18992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08257]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0768]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway 
and Indian Creek, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the West 79th Street Bridge across the Atlantic Intracoastal 
Waterway mile 1084.6, Miami, FL and the operating schedule that governs 
the East 79th Street Bridge across Miami Beach Channel, Miami, FL. This 
action will place the East and West 79th Street Bridges across Miami 
Beach Channel and Atlantic Intracoastal Waterway, Miami, FL on a twice 
an hour opening schedule between 7 a.m. and 7 p.m., Monday through 
Friday, except Federal holidays. This action is intended to reduce 
vehicular traffic caused by these bridges opening on demand.

DATES: This rule is effective May 25, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0768. 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 e- Mr. Michael Lieberum of the Coast Guard; telephone 305-415-
6744, email Michael.b.lieberum@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
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

    On May 10, 2016, we published a notice of proposed rulemaking 
(NPRM) titled Drawbridge Operation Regulation; Atlantic Intracoastal 
Waterway and Indian Creek, Miami, FL in the Federal Register (81 FR 
28795). There we stated why we issued the NPRM and invited comments on 
our proposed regulatory action related to the East and West 79th Street 
Bridges. During the comment period that ended on June 11, 2016, we 
received 12 comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499. The East and West 79th Street Bridges currently open upon request 
or signal, pursuant to 33 CFR 117.5, which results in frequent openings 
that restrict vehicle traffic during the day, especially during morning 
and afternoon rush hour traffic.
    The Florida Department of Transportation (FDOT), the bridge owner, 
and the City of North Bay Village requested a change to the current 
operating schedule for both bridges to allow for scheduled openings 
twice an hour during peak traffic times. Bridge logs indicate these 
bridges open up to four times an hour or more during peak travel times, 
which results in frequent vehicular traffic disruptions. This 
regulation would reduce vehicle traffic backups without unreasonably 
restricting vessel traffic by scheduling two openings per hour during 
peak traffic times, thereby balancing the needs of both modes of 
transportation.
    Additionally, other bridges on this section of the Intracoastal 
Waterway and Miami Channel open two times per hour. The scheduled 
openings will align the 79th Street bridge openings with other bridges 
on the Intracoastal, namely, the Broad Causeway Bridge to the North (33 
CFR 117.261(mm) and The Venetian Causeway Bridge to the South (33 CFR 
117.261(nn), thereby allowing vessels to plan voyages during opening 
times and vehicles to schedule commutes around these openings.
    The East 79th Street Bridge across Miami Beach Channel, Miami, FL 
has a vertical clearance of 25 feet at mean high water (MHW) in the 
closed to navigation position and a horizontal clearance of 60 feet 
between fenders.
    The West 79th Street Bridge across the Atlantic Intracoastal 
Waterway mile 1084.6, Miami, FL has a vertical clearance of 25 feet at 
MHW in the closed to navigation position and a horizontal clearance of 
90 feet between fenders.

[[Page 18991]]

IV. Discussion of Comments, Changes and the Final Rule

    As noted above, the Coast Guard received 12 comments to the NPRM 
published on May 10, 2016. All 12 of the comments were in favor of 
changing the existing on-demand schedule to a twice an hour opening 
schedule from 7 a.m. to 7 p.m. One comment requested that this bridge 
only open when vessels are waiting or when there is a request to open. 
This stipulation is covered by other regulations in 33 CFR part 117 and 
will only open at the designated times if requested by vessel 
operators.
    This rule will allow the draw of the West 79th Street Bridges, 
across the AICW and Indian Creek at Miami, Florida to open twice an 
hour, once on the hour and once on the half-hour, Monday through Friday 
between the hours of 7 a.m. and 7 p.m. During nights and weekends and 
on Federal holidays, the Bridge would open on signal. This is a 
significant change from the on-demand schedule both bridges were 
previously operating on.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 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 Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge during the scheduled opening 
times.

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 received no comments from the Small Business 
Administration on this rule. 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 in section IV.A above, this rule would 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 (Pub. L. 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, 
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 Executive Order 
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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 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 determined 
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 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.


[[Page 18992]]


    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. In Sec.  117.261, add paragraph (mm-1) to read as follows:


Sec.  117.261  Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (mm-1) West 79th Street Bridge. The draw of the West 79th Street 
Bridge, at Miami, Florida will 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.
* * * * *

0
3. Add Sec.  117.304 to read as follows:


Sec.  117.304  Miami Beach Channel.

    The draw of the East 79th Street Bridge, at Miami, Florida will 
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.

    Dated: April 19, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-08257 Filed 4-24-17; 8:45 am]
BILLING CODE 9110-04-P