80_FR_30044 80 FR 29944 - Drawbridge Operation Regulation; Biscayne Bay, Miami Beach, FL

80 FR 29944 - Drawbridge Operation Regulation; Biscayne Bay, Miami Beach, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 100 (May 26, 2015)

Page Range29944-29946
FR Document2015-12552

The Coast Guard is temporarily 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 will temporarily authorize the fulltime closure of the East Venetian Causeway Bridge to ensure that vehicular traffic will be able to access and depart from the Venetian Causeway while emergency repairs are completed.

Federal Register, Volume 80 Issue 100 (Tuesday, May 26, 2015)
[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29944-29946]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12552]


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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: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily 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 will temporarily 
authorize the fulltime closure of the East Venetian Causeway Bridge to 
ensure that vehicular traffic will be able to access and depart from 
the Venetian Causeway while emergency repairs are completed.

DATES: This temporary final rule is effective from 7 a.m. on May 26, 
2015 to 7 p.m. on February 28, 2016.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0719]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Robert Glassman at telephone 305-
415-6746, email [email protected]. If you have questions on 
viewing 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. Regulatory History and Information

    On September 11, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulation; Biscayne Bay, Miami 
Beach, FL'' in the Federal Register (79 FR 54241-54244). We received 13 
comments on the proposed rule. No public meeting was requested, and 
none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This provision authorizes an 
agency to make a rule effective less than 30 days after publication in 
the Federal Register when the agency for good cause finds that delaying 
the effective period for 30 days or more is ``impracticable, 
unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 
553(d)(3), the Coast Guard finds that good cause exists for making this 
rule effective less than 30 days after publication in the Federal 
Register because the East Venetian Causeway Bridge experienced a 
mechanical failure that prevents it from being opened. Therefore, it is 
impracticable to make this rule effective 30 days or more after 
publication in the Federal Register.

B. Basis and Purpose

    The East Venetian Causeway Bridge connects Rivo Alto Island and the 
four Venetian Causeway islands east of Miami to Belle Isle and Miami 
Beach, Florida. 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.
    Emergency repairs are required on both the East Venetian Causeway 
Bridge and the West Venetian Causeway Bridge. This rule will allow 
repairs to be completed on both bridges while minimizing impacts on 
vehicular and waterway traffic.
    On August 12, 2014, the East Venetian Causeway Bridge bridge owner, 
Miami-Dade County, and the Mayor of Miami Beach requested that the 
Coast Guard consider closing the East Venetian Causeway Bridge to all 
marine traffic during repairs to the approach span on west side of the 
Venetian Islands. The roadway leading to the West Venetian Causeway 
Bridge will be closed to vehicular traffic while repairs are completed 
on the approach span and Miami-Dade County will leave the West Venetian 
Causeway Bridge in the open to navigation position. While the West 
Venetian Causeway Bridge is in the open position, vehicles accessing 
islands along the Venetian Causeway will use the East Venetian Causeway 
Bridge.
    On April 20, 2015, the Coast Guard was advised that the East 
Venetian Bridge experienced an extensive mechanical breakdown which 
cannot be fixed prior to the start of West Venetian Approach 
replacement. These repairs can be completed while the bridge is in the 
closed position. However, due to the extensive repairs required to fix 
the East Venetian Bridge, all parties have agreed to allow the repairs 
to be completed after vehicle traffic is restored on the West Venetian 
Bridge. This rule will allow the East Venetian Bridge to remain closed 
to navigation until the repairs to the West Venetian Approach are 
completed and vehicle traffic movement has been restored.

C. Discussion of Comments, Changes and the Temporary Final Rule

    Title 33, Code of Federal Regulations, Section 117.269 requires the 
East Venetian Causeway Bridge to open on signal except from 7 a.m. to 7 
p.m., Monday through Friday when it opens on the hour and half-hour 
(Federal holidays excluded). On September 11, 2014, the Coast Guard 
published a NPRM that proposed amending the operating schedule for the 
East Venetian

[[Page 29945]]

Causeway Bridge by authorizing it to remain closed except for an 
opening at 10:30 a.m. and 7:30 p.m. daily from November 1, 2014 until 
August 1, 2015. This opening schedule was proposed to limit openings 
during West Venetian Causeway Bridge approach span repairs. Following 
publication of this proposed rule, Miami-Dade County determined that 
waterway and vehicular traffic would be least affected if repair work 
started during the summer months, after the conclusion of peak tourist 
season. Therefore, repair work did not commence during the time period 
proposed.
    Miami-Dade County recently notified the Coast Guard that it will be 
able to commence repairs to the West Venetian Causeway Bridge in June 
2015. Due to the recent mechanical failure of the East Venetian 
Causeway Bridge, the Coast Guard is making this rule effective prior to 
the commencement of construction on the West Venetian Causeway Bridge.
    In response to the NPRM, the Coast Guard received 13 comments, all 
of which expressed concerns with the ability of emergency vehicles to 
respond to incidents on Venetian Causeway islands in a timely manner if 
the East Venetian Causeway bridge operation fails while it is in the 
open to navigation position. The Coast Guard received no comments from 
the maritime community, but the proposed rule noted that maritime 
traffic can use the West Venetian Causeway Bridge to gain access to 
adjacent waterways while the East Venetian Causeway is closed.
    Based on draw tender logs, the Coast Guard found that vessel 
traffic on this waterway typically consists of recreational boats and 
two commercial passenger vessels. These vessels can use the West 
Venetian causeway bridge as a route of similar convenience while this 
rule is in effect.
    After considering comments received, the recent mechanical failure 
of the East Venetian Causeway Bridge, and the ability of maritime 
traffic to safely operate on waters adjacent to the East Venetian 
Causeway Bridge, the Coast Guard is amending the operating schedule for 
the East Venetian Causeway Bridge by authorizing full time closure 
until repairs can be made to the East and West Venetian Causeway 
Bridges. Miami-Dade County has confirmed that repairs to both bridges 
will be completed by the end of February 2016. Therefore, this rule is 
effective until February 28, 2016.

D. Regulatory Analyses

    We developed this 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 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 rule authorizes the East Venetian Causeway Bridge to remain in 
the closed to navigation position at all times while repairs are made. 
During the time period needed for these repairs, vessel traffic seeking 
access through the Venetian Causeway may transit through the West 
Venetian Causeway bridge or, alternatively, vessels may transit around 
Miami Beach. Therefore, this is not a significant regulatory action 
because alternative routes of similar convenience are available to 
maritime 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 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.
    No changes were made to accommodate small entities. This rule would 
affect the following entities, some of which may be small entities: The 
owners or operators of vessels intending to transit the East Venetian 
Causeway Bridge. As discussed in 1. Regulatory Planning and Review 
above, these operators may use other routes to seek access to adjacent 
waterways.

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 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.

4. 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).

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 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

[[Page 29946]]

8. Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 concluded 
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 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.

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; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Effective 7 a.m. on May 26, 2015 to 7 p.m. on February 28, 2016, 
suspend Sec.  117.269 and add Sec.  117.T269 to read as follows:


Sec.  117.T269  Biscayne Bay.

    The Venetian Causeway Bridge (East) shall remain closed to 
navigation.

    Dated: May 7, 2015.
Melissa Bert,
Captain, U.S. Coast Guard, Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 2015-12552 Filed 5-22-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                  29944              Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations

                                                  was approved by the Director of the                     ADDRESSES:    Documents mentioned in                  B. Basis and Purpose
                                                  Federal Register in accordance with 5                   this preamble are part of docket [USCG–                  The East Venetian Causeway Bridge
                                                  U.S.C. 552(a) and 1 CFR part 51. You                    2014–0719]. To view documents                         connects Rivo Alto Island and the four
                                                  must comply with these requirements in                  mentioned in this preamble as being                   Venetian Causeway islands east of
                                                  order for documents to be timely                        available in the docket, go to http://                Miami to Belle Isle and Miami Beach,
                                                  received and accepted. The EDGAR                        www.regulations.gov, type the docket                  Florida. The vertical clearance of the
                                                  Filer Manual is available for Web site                  number in the ‘‘SEARCH’’ box and click                East Venetian Causeway Bridge is five
                                                  viewing and printing; the address for                   ‘‘SEARCH.’’ Click on Open Docket                      feet above mean high water and the
                                                  the Filer Manual is http://www.sec.gov/                 Folder on the line associated with this               horizontal clearance is 57 feet between
                                                  info/edgar.shtml. You can obtain paper                  rulemaking. You may also visit the                    fenders.
                                                  copies of the EDGAR Filer Manual from                   Docket Management Facility in Room                       Emergency repairs are required on
                                                  the following address: Public Reference                 W12–140 on the ground floor of the                    both the East Venetian Causeway Bridge
                                                  Room, U.S. Securities and Exchange                      Department of Transportation West                     and the West Venetian Causeway
                                                  Commission, 100 F Street NE.,                           Building, 1200 New Jersey Avenue SE.,                 Bridge. This rule will allow repairs to be
                                                  Washington, DC 20549, on official                       Washington, DC 20590, between 9 a.m.                  completed on both bridges while
                                                  business days between the hours of                      and 5 p.m., Monday through Friday,                    minimizing impacts on vehicular and
                                                  10:00 a.m. and 3:00 p.m. You can also                   except Federal holidays.                              waterway traffic.
                                                  inspect the document at the National                    FOR FURTHER INFORMATION CONTACT: If                      On August 12, 2014, the East Venetian
                                                  Archives and Records Administration                     you have questions on this temporary                  Causeway Bridge bridge owner, Miami-
                                                  (NARA). For information on the                          final rule, call or email Robert Glassman             Dade County, and the Mayor of Miami
                                                  availability of this material at NARA,                  at telephone 305–415–6746, email                      Beach requested that the Coast Guard
                                                  call 202–741–6030, or go to: http://                    Robert.S.Glassman@uscg.mil. If you                    consider closing the East Venetian
                                                  www.archives.gov/federal_register/                      have questions on viewing the docket,                 Causeway Bridge to all marine traffic
                                                  code_of_federal_regulations/ibr_                        call Cheryl Collins, Program Manager,                 during repairs to the approach span on
                                                  locations.html.                                         Docket Operations, telephone 202–366–                 west side of the Venetian Islands. The
                                                     By the Commission.                                   9826.                                                 roadway leading to the West Venetian
                                                     Dated: May 18, 2015.                                 SUPPLEMENTARY INFORMATION:                            Causeway Bridge will be closed to
                                                  Jill M. Peterson,                                                                                             vehicular traffic while repairs are
                                                                                                          Table of Acronyms                                     completed on the approach span and
                                                  Assistant Secretary.
                                                  [FR Doc. 2015–12566 Filed 5–22–15; 8:45 am]             CFR Code of Federal Regulations                       Miami-Dade County will leave the West
                                                                                                          DHS Department of Homeland Security                   Venetian Causeway Bridge in the open
                                                  BILLING CODE 8011–01–P
                                                                                                          FR Federal Register                                   to navigation position. While the West
                                                                                                          NPRM Notice of Proposed Rulemaking                    Venetian Causeway Bridge is in the
                                                                                                          § Section Symbol                                      open position, vehicles accessing
                                                  DEPARTMENT OF HOMELAND                                  U.S.C. United States Code
                                                                                                                                                                islands along the Venetian Causeway
                                                  SECURITY                                                                                                      will use the East Venetian Causeway
                                                                                                          A. Regulatory History and Information
                                                                                                                                                                Bridge.
                                                  Coast Guard                                                On September 11, 2014, we published                   On April 20, 2015, the Coast Guard
                                                                                                          a notice of proposed rulemaking                       was advised that the East Venetian
                                                  33 CFR Part 117                                         (NPRM) entitled ‘‘Drawbridge Operation                Bridge experienced an extensive
                                                                                                          Regulation; Biscayne Bay, Miami Beach,                mechanical breakdown which cannot be
                                                  [Docket No. USCG–2014–0719]                             FL’’ in the Federal Register (79 FR                   fixed prior to the start of West Venetian
                                                                                                          54241–54244). We received 13                          Approach replacement. These repairs
                                                  RIN 1625–AA09
                                                                                                          comments on the proposed rule. No                     can be completed while the bridge is in
                                                  Drawbridge Operation Regulation;                        public meeting was requested, and none                the closed position. However, due to the
                                                  Biscayne Bay, Miami Beach, FL                           was held.                                             extensive repairs required to fix the East
                                                                                                             Under 5 U.S.C. 553(d)(3), the Coast                Venetian Bridge, all parties have agreed
                                                  AGENCY:    Coast Guard, DHS.                            Guard finds that good cause exists for                to allow the repairs to be completed
                                                  ACTION:   Temporary final rule.                         making this rule effective less than 30               after vehicle traffic is restored on the
                                                                                                          days after publication in the Federal                 West Venetian Bridge. This rule will
                                                  SUMMARY:    The Coast Guard is                          Register. This provision authorizes an                allow the East Venetian Bridge to
                                                  temporarily modifying the operating                     agency to make a rule effective less than             remain closed to navigation until the
                                                  schedule that governs the East Venetian                 30 days after publication in the Federal              repairs to the West Venetian Approach
                                                  Causeway Bridge across Miami Beach                      Register when the agency for good cause               are completed and vehicle traffic
                                                  Channel, Miami-Dade County, Florida.                    finds that delaying the effective period              movement has been restored.
                                                  For approximately nine months, the                      for 30 days or more is ‘‘impracticable,
                                                  West Venetian Causeway Bridge will                      unnecessary, or contrary to the public                C. Discussion of Comments, Changes
                                                  remain in the open position to complete                 interest.’’ Under 5 U.S.C. 553(d)(3), the             and the Temporary Final Rule
                                                  necessary repairs. This rule will                       Coast Guard finds that good cause exists                Title 33, Code of Federal Regulations,
                                                  temporarily authorize the fulltime                      for making this rule effective less than              Section 117.269 requires the East
                                                  closure of the East Venetian Causeway                   30 days after publication in the Federal              Venetian Causeway Bridge to open on
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  Bridge to ensure that vehicular traffic                 Register because the East Venetian                    signal except from 7 a.m. to 7 p.m.,
                                                  will be able to access and depart from                  Causeway Bridge experienced a                         Monday through Friday when it opens
                                                  the Venetian Causeway while                             mechanical failure that prevents it from              on the hour and half-hour (Federal
                                                  emergency repairs are completed.                        being opened. Therefore, it is                        holidays excluded). On September 11,
                                                  DATES: This temporary final rule is                     impracticable to make this rule effective             2014, the Coast Guard published a
                                                  effective from 7 a.m. on May 26, 2015                   30 days or more after publication in the              NPRM that proposed amending the
                                                  to 7 p.m. on February 28, 2016.                         Federal Register.                                     operating schedule for the East Venetian


                                             VerDate Sep<11>2014   14:03 May 22, 2015   Jkt 235001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\26MYR1.SGM   26MYR1


                                                                     Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations                                          29945

                                                  Causeway Bridge by authorizing it to                    Below we summarize our analyses                       organization, or governmental
                                                  remain closed except for an opening at                  based on these statutes or executive                  jurisdiction and you have questions
                                                  10:30 a.m. and 7:30 p.m. daily from                     orders.                                               concerning its provisions or options for
                                                  November 1, 2014 until August 1, 2015.                                                                        compliance, please contact the person
                                                                                                          1. Regulatory Planning and Review
                                                  This opening schedule was proposed to                                                                         listed in the FOR FURTHER INFORMATION
                                                  limit openings during West Venetian                        This rule is not a significant                     CONTACT section above.
                                                  Causeway Bridge approach span repairs.                  regulatory action under section 3(f) of                  Small businesses may send comments
                                                  Following publication of this proposed                  Executive Order 12866, Regulatory                     on the actions of Federal employees
                                                  rule, Miami-Dade County determined                      Planning and Review, as supplemented                  who enforce, or otherwise determine
                                                  that waterway and vehicular traffic                     by Executive Order 13563, Improving                   compliance with, Federal regulations to
                                                  would be least affected if repair work                  Regulation and Regulatory Review, and                 the Small Business and Agriculture
                                                  started during the summer months, after                 does not require an assessment of                     Regulatory Enforcement Ombudsman
                                                  the conclusion of peak tourist season.                  potential costs and benefits under                    and the Regional Small Business
                                                  Therefore, repair work did not                          section 6(a)(3) of Order 12866 or under               Regulatory Fairness Boards. The
                                                  commence during the time period                         section 1 of Executive Order 13563. The               Ombudsman evaluates these actions
                                                  proposed.                                               Office of Management and Budget has                   annually and rates each agency’s
                                                     Miami-Dade County recently notified                  not reviewed it under those Orders.                   responsiveness to small business. If you
                                                  the Coast Guard that it will be able to                    This rule authorizes the East Venetian             wish to comment on actions by
                                                  commence repairs to the West Venetian                   Causeway Bridge to remain in the                      employees of the Coast Guard, call 1–
                                                  Causeway Bridge in June 2015. Due to                    closed to navigation position at all times            888–REG–FAIR (1–888–734–3247). The
                                                  the recent mechanical failure of the East               while repairs are made. During the time               Coast Guard will not retaliate against
                                                  Venetian Causeway Bridge, the Coast                     period needed for these repairs, vessel               small entities that question or complain
                                                  Guard is making this rule effective prior               traffic seeking access through the                    about this rule or any policy or action
                                                  to the commencement of construction                     Venetian Causeway may transit through                 of the Coast Guard.
                                                  on the West Venetian Causeway Bridge.                   the West Venetian Causeway bridge or,
                                                     In response to the NPRM, the Coast                   alternatively, vessels may transit around             4. Collection of Information
                                                  Guard received 13 comments, all of                      Miami Beach. Therefore, this is not a                    This rule calls for no new collection
                                                  which expressed concerns with the                       significant regulatory action because                 of information under the Paperwork
                                                  ability of emergency vehicles to respond                alternative routes of similar                         Reduction Act of 1995 (44 U.S.C. 3501–
                                                  to incidents on Venetian Causeway                       convenience are available to maritime                 3520).
                                                  islands in a timely manner if the East                  traffic.
                                                  Venetian Causeway bridge operation                                                                            5. Federalism
                                                  fails while it is in the open to navigation             2. Impact on Small Entities                              A rule has implications for federalism
                                                  position. The Coast Guard received no                      The Regulatory Flexibility Act of 1980             under Executive Order 13132,
                                                  comments from the maritime                              (RFA), 5 U.S.C. 601–612, as amended,                  Federalism, if it has a substantial direct
                                                  community, but the proposed rule noted                  requires federal agencies to consider the             effect on the States, on the relationship
                                                  that maritime traffic can use the West                  potential impact of regulations on small              between the national government and
                                                  Venetian Causeway Bridge to gain                        entities during rulemaking. The term                  the States, or on the distribution of
                                                  access to adjacent waterways while the                  ‘‘small entities’’ comprises small                    power and responsibilities among the
                                                  East Venetian Causeway is closed.                       businesses, not-for-profit organizations              various levels of government. We have
                                                     Based on draw tender logs, the Coast                 that are independently owned and                      analyzed this rule under that Order and
                                                  Guard found that vessel traffic on this                 operated and are not dominant in their                have determined that it does not have
                                                  waterway typically consists of                          fields, and governmental jurisdictions                implications for federalism.
                                                  recreational boats and two commercial                   with populations of less than 50,000.
                                                  passenger vessels. These vessels can use                The Coast Guard received no comments                  6. Protest Activities
                                                  the West Venetian causeway bridge as a                  from the Small Business Administration                   The Coast Guard respects the First
                                                  route of similar convenience while this                 on this rule. The Coast Guard certifies               Amendment rights of protesters.
                                                  rule is in effect.                                      under 5 U.S.C. 605(b) that this rule will             Protesters are asked to contact the
                                                     After considering comments received,                 not have a significant economic impact                person listed in the FOR FURTHER
                                                  the recent mechanical failure of the East               on a substantial number of small                      INFORMATION CONTACT section to
                                                  Venetian Causeway Bridge, and the                       entities.                                             coordinate protest activities so that your
                                                  ability of maritime traffic to safely                      No changes were made to                            message can be received without
                                                  operate on waters adjacent to the East                  accommodate small entities. This rule                 jeopardizing the safety or security of
                                                  Venetian Causeway Bridge, the Coast                     would affect the following entities,                  people, places or vessels.
                                                  Guard is amending the operating                         some of which may be small entities:
                                                                                                                                                                7. Unfunded Mandates Reform Act
                                                  schedule for the East Venetian                          The owners or operators of vessels
                                                  Causeway Bridge by authorizing full                     intending to transit the East Venetian                   The Unfunded Mandates Reform Act
                                                  time closure until repairs can be made                  Causeway Bridge. As discussed in 1.                   of 1995 (2 U.S.C. 1531–1538) requires
                                                  to the East and West Venetian Causeway                  Regulatory Planning and Review above,                 Federal agencies to assess the effects of
                                                  Bridges. Miami-Dade County has                          these operators may use other routes to               their discretionary regulatory actions. In
                                                  confirmed that repairs to both bridges                  seek access to adjacent waterways.                    particular, the Act addresses actions
                                                                                                                                                                that may result in the expenditure by a
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  will be completed by the end of
                                                                                                          3. Assistance for Small Entities                      State, local, or tribal government, in the
                                                  February 2016. Therefore, this rule is
                                                  effective until February 28, 2016.                         Under section 213(a) of the Small                  aggregate, or by the private sector of
                                                                                                          Business Regulatory Enforcement                       $100,000,000 (adjusted for inflation) or
                                                  D. Regulatory Analyses                                  Fairness Act of 1996 (Pub. L. 104–121),               more in any one year. Though this rule
                                                    We developed this rule after                          we want to assist small entities in                   will not result in such an expenditure,
                                                  considering numerous statutes and                       understanding this rule. If the rule                  we do discuss the effects of this rule
                                                  executive orders related to rulemaking.                 would affect your small business,                     elsewhere in this preamble.


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                                                  29946              Federal Register / Vol. 80, No. 100 / Tuesday, May 26, 2015 / Rules and Regulations

                                                  8. Taking of Private Property                             Under figure 2–1, paragraph (32)(e), of             DATES:  This temporary final rule is
                                                     This rule will not cause a taking of                 the Instruction, an environmental                     effective and will be enforced from 8
                                                  private property or otherwise have                      analysis checklist and a categorical                  a.m. on May 29, 2015 until 8 p.m. on
                                                  taking implications under Executive                     exclusion determination are not                       May 31, 2015.
                                                  Order 12630, Governmental Actions and                   required for this rule.                               ADDRESSES: Documents mentioned in
                                                  Interference with Constitutionally                      List of Subjects in 33 CFR Part 117                   this preamble are part of docket USCG–
                                                  Protected Property Rights.                              Bridges                                               2015–0389. To view documents
                                                                                                                                                                mentioned in this preamble as being
                                                  9. Civil Justice Reform                                   For the reasons discussed in the                    available in the docket, go to
                                                     This rule meets applicable standards                 preamble, the Coast Guard amends 33                   www.regulations.gov, type the docket
                                                  in sections 3(a) and 3(b)(2) of Executive               CFR part 117 as follows:                              number in the ‘‘SEARCH’’ box, and
                                                  Order 12988, Civil Justice Reform, to                                                                         click ‘‘Search.’’ You may visit the
                                                  minimize litigation, eliminate                          PART 117—DRAWBRIDGE
                                                                                                                                                                Docket Management Facility,
                                                  ambiguity, and reduce burden.                           OPERATION REGULATIONS
                                                                                                                                                                Department of Transportation, West
                                                  10. Protection of Children                              ■ 1. The authority citation for part 117              Building Ground Floor, Room W12–140,
                                                                                                          continues to read as follows:                         1200 New Jersey Avenue SE.,
                                                    We have analyzed this rule under                                                                            Washington, DC 20590, between 9 a.m.
                                                  Executive Order 13045, Protection of                      Authority: 33 U.S.C. 499; 33 CFR 1.05–1;            and 5 p.m., Monday through Friday,
                                                  Children from Environmental Health                      and Department of Homeland Security
                                                                                                          Delegation No. 0170.1.
                                                                                                                                                                except Federal holidays.
                                                  Risks and Safety Risks. This rule is not
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT: If
                                                  an economically significant rule and                    ■ 2. Effective 7 a.m. on May 26, 2015 to              you have questions on this temporary
                                                  does not create an environmental risk to                7 p.m. on February 28, 2016, suspend                  rule, call or email PO1 Todd Manow,
                                                  health or risk to safety that might                     § 117.269 and add § 117.T269 to read as               Prevention Department, Sector Detroit,
                                                  disproportionately affect children.                     follows:                                              Coast Guard; telephone 313–568–9580,
                                                  11. Indian Tribal Governments                           § 117.T269    Biscayne Bay.
                                                                                                                                                                email Todd.M.Manow@uscg.mil. If you
                                                     This rule does not have tribal                                                                             have questions on viewing the docket,
                                                                                                            The Venetian Causeway Bridge (East)                 call Ms. Cheryl Collins, Program
                                                  implications under Executive Order                      shall remain closed to navigation.
                                                  13175, Consultation and Coordination                                                                          Manager, Docket Operations, telephone
                                                                                                            Dated: May 7, 2015.                                 202–366–9826 or 1–800–647–5527.
                                                  with Indian Tribal Governments,
                                                  because it does not have a substantial                  Melissa Bert,                                         SUPPLEMENTARY INFORMATION:
                                                  direct effect on one or more Indian                     Captain, U.S. Coast Guard, Commander,
                                                                                                          Seventh Coast Guard District, Acting.                 Table of Acronyms
                                                  tribes, on the relationship between the
                                                  Federal Government and Indian tribes,                   [FR Doc. 2015–12552 Filed 5–22–15; 8:45 am]           DHS Department of Homeland Security
                                                  or on the distribution of power and                     BILLING CODE 9110–04–P                                FR Federal Register
                                                                                                                                                                NAD 83 North American Datum of 1983
                                                  responsibilities between the Federal
                                                  Government and Indian tribes.                                                                                 A. Regulatory History and Information
                                                                                                          DEPARTMENT OF HOMELAND
                                                  12. Energy Effects                                      SECURITY                                                 The Coast Guard is issuing this
                                                    This action is not a ‘‘significant                                                                          temporary final rule without prior
                                                  energy action’’ under Executive Order                   Coast Guard                                           notice and opportunity to comment
                                                  13211, Actions Concerning Regulations                                                                         pursuant to authority under section 4(a)
                                                  That Significantly Affect Energy Supply,                33 CFR Part 165                                       of the Administrative Procedure Act
                                                  Distribution, or Use.                                                                                         (APA) (5 U.S.C. 553(b)). This provision
                                                                                                          [Docket No. USCG–2015–0389]                           authorizes an agency to issue a rule
                                                  13. Technical Standards                                                                                       without prior notice and opportunity to
                                                                                                          RIN 1625–AA00                                         comment when the agency for good
                                                    This rule does not use technical
                                                  standards. Therefore, we did not                                                                              cause finds that those procedures are
                                                                                                          Safety Zone; Detroit Belle Isle Grand
                                                  consider the use of voluntary consensus                                                                       ‘‘impracticable, unnecessary, or contrary
                                                                                                          Prix, Detroit River; Detroit, MI
                                                  standards.                                                                                                    to the public interest.’’ Under 5 U.S.C.
                                                                                                          AGENCY:    Coast Guard, DHS.                          553(b)(B), the Coast Guard finds that
                                                  14. Environment                                                                                               good cause exists for not publishing a
                                                                                                          ACTION:   Temporary final rule.
                                                     We have analyzed this rule under                                                                           notice of proposed rulemaking (NPRM)
                                                  Department of Homeland Security                         SUMMARY:   The Coast Guard is                         with respect to this rule because waiting
                                                  Management Directive 023–01 and                         establishing a temporary safety zone                  for a notice and comment period to run
                                                  Commandant Instruction M16475.lD,                       encompassing a portion of the Detroit                 would be impracticable, unnecessary,
                                                  which guides the Coast Guard in                         River in Detroit, Michigan. This safety               and contrary to the public interest. The
                                                  complying with the National                             zone is necessary to protect Belle Isle               final details of this event were not
                                                  Environmental Policy Act of 1969                        Grand Prix participants, spectators and               known to the Coast Guard with
                                                  (NEPA)(42 U.S.C. 4321–4370f), and                       vessels from the hazards associated with              sufficient time for the Coast Guard to
                                                  have concluded that this action is one                  a high speed automobile race in close                 solicit public comments before the start
                                                  of a category of actions which do not                   proximity to a navigable waterway.                    of the event. Thus, delaying this
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  individually or cumulatively have a                       This safety zone will establish                     temporary rule to wait for a notice and
                                                  significant effect on the human                         restrictions upon, and control                        comment period to run would be
                                                  environment. This rule simply                           movement of, vessels in a portion of the              impracticable and contrary to the public
                                                  promulgates the operating regulations or                Detroit River. During the enforcement                 interest because it would inhibit the
                                                  procedures for drawbridges. This rule is                period, no person or vessel may enter                 Coast Guard’s ability to protect
                                                  categorically excluded, under figure 2–                 the regulated area without permission of              waterways users from the hazards
                                                  1, paragraph (32)(e), of the Instruction.               the Captain of the Port.                              associated with a high speed automobile


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Document Created: 2018-02-21 10:31:50
Document Modified: 2018-02-21 10:31:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis temporary final rule is effective from 7 a.m. on May 26, 2015 to 7 p.m. on February 28, 2016.
ContactIf you have questions on this temporary final rule, call or email Robert Glassman at telephone 305- 415-6746, email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 29944 
RIN Number1625-AA09

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