81_FR_28806 81 FR 28716 - Drawbridge Operation Regulation; Snake Creek; Islamorada, FL

81 FR 28716 - Drawbridge Operation Regulation; Snake Creek; Islamorada, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 90 (May 10, 2016)

Page Range28716-28718
FR Document2016-10922

The Coast Guard is modifying the operating schedule that governs the Snake Creek Bridge across Snake Creek, at Islamorada, FL. This final rule changes the drawbridge operating schedule for the Snake Creek Bridge by requiring it to open once an hour between 7 a.m. and 6 p.m. The Bridge Owner, Florida Department of Transportation and Local officials requested this action to assist in reducing vehicle traffic backups caused by bridge openings.

Federal Register, Volume 81 Issue 90 (Tuesday, May 10, 2016)
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Rules and Regulations]
[Pages 28716-28718]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10922]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

Docket No. USCG-2015-0046
RIN 1625-AA09


Drawbridge Operation Regulation; Snake Creek; Islamorada, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Snake Creek Bridge across Snake Creek, at Islamorada, FL. 
This final rule changes the drawbridge operating schedule for the Snake 
Creek Bridge by requiring it to open once an hour between 7 a.m. and 6 
p.m. The Bridge Owner, Florida Department of Transportation and Local 
officials requested this action to assist in reducing vehicle traffic 
backups caused by bridge openings.

DATES: This rule is effective June 9, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type ``USCG-
2015-0046'' in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Coast Guard Sector Key West Waterways Management 
Division; telephone 305-292-8772, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Snake Creek Bridge in Islamorada, Florida, has a vertical 
clearance of 27 feet in the closed position. The normal operating 
schedule as published in 33 CFR 117.331 is on demand except that from 8 
a.m. to 4 p.m., the draw need open only on the hour and half-hour. This 
schedule has been in effect since 2001.
    On March 27, 2015, we published a test deviation entitled 
Drawbridge Operation Regulations; Snake Creek; Islamorada, FL, in the 
Federal Register (80 FR 16280). We received 63 comments on the test 
deviation. No public meeting was requested, and none was held.
    On September 18, 2015, we published a temporary interim rule and 
request for comments entitled Drawbridge Operation Regulations; Snake 
Creek; Islamorada, FL, in the Federal Register (80 FR 56381). We 
received 98 comments on the temporary interim rule. No public meeting 
was requested, and none was held.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    Based on the following input, the Coast Guard initiated a test of a 
new schedule for the Snake Creek Bridge on May 27, 2015:
    1. As reported by village and city councils, vehicle traffic caused 
by frequent openings of the Snake Creek Bridge negatively impacted 
Islamorada and surrounding communities. The temporary deviation 
successfully tested a new bridge operation schedule that reduced 
vehicle traffic caused by bridge openings.
    2. On January 8-10, 2013, the Florida Department of Transportation 
conducted a traffic monitoring study 1400 feet south of the Snake Creek 
Bridge on US-1. The study found peak traffic volumes occurring around 
08:45 a.m. and between 12:15 p.m. and 3:15 p.m. These peak traffic 
times were used to determine when the Snake Creek Bridge opening 
schedule could be limited to reduce traffic.
    3. The Coast Guard's review found that the types of vessels 
navigating Snake Creek include sport fishing vessels and catamaran 
sailboats. Many of these vessels are able to safely transit under the 
Bridge in the closed position.

IV. Discussion of Comments, Changes and the Final Rule

    During the comment periods for the temporary deviation and the 
temporary interim rule 161 comments were

[[Page 28717]]

submitted to the docket. Sixty-three of those comment were received in 
response to the temporary deviation published on March 27, 2015 (80 FR 
16280) and ninety-eight comments were received in response to the 
temporary interim rule published on September 18, 2015 (80 FR 56381).
    One hundred and forty-four comments supported the amended operating 
schedule applied during the test deviation and the interim rule which 
allowed the Snake Creek Bridge to remain on a once an hour schedule 
between 8 a.m. and 6 p.m. seven days a week and on demand at all other 
times.
    Six comments received opposed the amended operating schedule or 
suggested a different schedule that was more restrictive than necessary 
to accommodate vehicular traffic and did not accommodate the reasonable 
needs of maritime navigation.
    Two commenters requested that the start time be moved to 7 a.m. to 
accommodate the school bus schedule. We agree that a schedule requiring 
the Snake Creek Bridge to open once an hour starting at 7 a.m. would 
assist with alleviating vehicular traffic and would not interfere with 
the reasonable needs of maritime traffic. Therefore, this final rule 
has been modified to begin the limited opening schedule at 7 a.m. 
instead of 8 a.m.
    One comment suggested that these regulations were not needed after 
Labor Day. A review of the traffic logs shows that vehicle traffic does 
not diminish significantly after Labor Day.
    One comment suggested the bridge remain on a twice an hour schedule 
except for weekends and Federal holidays. Based on a review of vehicle 
traffic patterns, vehicle traffic is heavy throughout the daylight 
hours and increases during weekends and Federal holidays. Reverting to 
a 30 minute schedule on weekends and Federal Holidays would cause 
excessive vehicle traffic which was the purpose of this change in 
operating schedule. Therefore, this rule does not make an exception for 
weekends and Federal Holidays.
    Two comments suggested placing morning and afternoon curfew hours 
on this bridge. Placing morning and afternoon navigation closure 
periods on this bridge would have an overly restrictive impact on 
commercial waterway users and would not meet the reasonable needs of 
maritime traffic.
    One comment suggested just three bridge openings a day. Allowing 
this bridge to open just three times during daylight hours would also 
have an overly restrictive impact on maritime traffic.
    Four comments in the docket file were empty and provided no input.
    These comments received during the interim rule comment period have 
been used to adjust this schedule.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives, and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is made because vessels may 
navigate the Snake Creek Bridge during the scheduled opening times or 
use alternate passages including Channel Five above Long Key, Florida, 
which is approximately 5.7 nautical miles southwest of Snake Creek 
Bridge. Channel Five above Long Key, Florida is a fixed US-1 Bridge 
that has a vertical clearance of 65 feet. Also, vessels with adequate 
clearance may also pass under Snake Creek Bridge while it is in the 
closed position.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated above and in V.A., 
this rule will not have a significant economic impact on any vessel 
owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In

[[Page 28718]]

particular, the Act addresses actions that may result in the 
expenditure by a State, local, or tribal government, in the aggregate, 
or by the private sector of $100,000,000 (adjusted for inflation) or 
more in any one year. Though this rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
determination that this action is one of a category of actions which do 
not individually or cumulatively have a significant effect on the human 
environment. This rule involves the operating regulations or procedures 
for drawbridges. Normally such actions are categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction. This rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Revise Sec.  117.331 to read as follows:


Sec.  117.331  Snake Creek.

    The draw of the Snake Creek Bridge, at Islamorada, Florida, will 
open on signal, except that from 7 a.m. to 6 p.m., the draw need open 
only on the hour.

    Dated: May 4, 2016.
S. A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-10922 Filed 5-9-16; 8:45 am]
 BILLING CODE 9110-04-P



                                           28716               Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations

                                           the 20th day of August, 2016. Domestic                  domestic manufacturers and importers                  II. Background Information and
                                           manufacturers and importers of cigars                   paid for the class for the prior fiscal               Regulatory History
                                           must submit the information described                   year.                                                    The Snake Creek Bridge in
                                           in this section for each of the prior                   *     *    *      *     *                             Islamorada, Florida, has a vertical
                                           months of fiscal year 2016 as their first                                                                     clearance of 27 feet in the closed
                                                                                                     Dated: May 3, 2016.
                                           monthly submission. The previous                                                                              position. The normal operating schedule
                                           sentence only applies for the first report              Leslie Kux,
                                                                                                   Associate Commissioner for Policy.                    as published in 33 CFR 117.331 is on
                                           in fiscal year 2016.                                                                                          demand except that from 8 a.m. to 4
                                             (d) First report for pipe tobacco.                    [FR Doc. 2016–10688 Filed 5–5–16; 8:45 am]
                                                                                                                                                         p.m., the draw need open only on the
                                           Domestic manufacturers and importers                    BILLING CODE 4164–01–P
                                                                                                                                                         hour and half-hour. This schedule has
                                           of pipe tobacco must submit the                                                                               been in effect since 2001.
                                           information described in this section                                                                            On March 27, 2015, we published a
                                           beginning no later than the 20th day of                 DEPARTMENT OF HOMELAND                                test deviation entitled Drawbridge
                                           August, 2016.                                           SECURITY                                              Operation Regulations; Snake Creek;
                                           *     *     *      *    *                                                                                     Islamorada, FL, in the Federal Register
                                                                                                   Coast Guard
                                           ■ 4. In § 1150.7, revise paragraph (a)(1)                                                                     (80 FR 16280). We received 63
                                           and add paragraph (a)(2) to read as                     33 CFR Part 117                                       comments on the test deviation. No
                                           follows:                                                                                                      public meeting was requested, and none
                                                                                                   Docket No. USCG–2015–0046                             was held.
                                           § 1150.7   Yearly class allocation.
                                                                                                   RIN 1625–AA09                                            On September 18, 2015, we published
                                           *       *    *     *     *                                                                                    a temporary interim rule and request for
                                              (a) * * *                                            Drawbridge Operation Regulation;                      comments entitled Drawbridge
                                              (1) Except for cigars, FDA will                      Snake Creek; Islamorada, FL                           Operation Regulations; Snake Creek;
                                           multiply the units of product removed                                                                         Islamorada, FL, in the Federal Register
                                           and not tax exempt for the most recent                  AGENCY:    Coast Guard, DHS.                          (80 FR 56381). We received 98
                                           full calendar year by the 2003 maximum                  ACTION:   Final rule.                                 comments on the temporary interim
                                           Federal excise tax rate for that class                                                                        rule. No public meeting was requested,
                                           (class dollar figure).                                  SUMMARY:   The Coast Guard is modifying               and none was held.
                                              (2) For cigars, FDA will:                            the operating schedule that governs the
                                              (i) Multiply the units of small cigars               Snake Creek Bridge across Snake Creek,                III. Legal Authority and Need for Rule
                                           removed and not tax exempt for the                      at Islamorada, FL. This final rule                       The Coast Guard is issuing this rule
                                           most recent full calendar year by the                   changes the drawbridge operating                      under authority 33 U.S.C. 499.
                                           2003 maximum Federal excise tax rate                    schedule for the Snake Creek Bridge by                   Based on the following input, the
                                           for small cigars (small cigar subclass                  requiring it to open once an hour                     Coast Guard initiated a test of a new
                                           dollar figure).                                         between 7 a.m. and 6 p.m. The Bridge                  schedule for the Snake Creek Bridge on
                                              (ii) Multiply the units of large cigars              Owner, Florida Department of                          May 27, 2015:
                                           removed and not tax exempt for the                      Transportation and Local officials                       1. As reported by village and city
                                           most recent full calendar year by the                   requested this action to assist in                    councils, vehicle traffic caused by
                                           2003 maximum Federal excise tax rate                    reducing vehicle traffic backups caused               frequent openings of the Snake Creek
                                           for large cigars (large cigar subclass                  by bridge openings.                                   Bridge negatively impacted Islamorada
                                           dollar figure).                                         DATES: This rule is effective June 9,                 and surrounding communities. The
                                              (iii) Add the small cigar subclass                   2016.                                                 temporary deviation successfully tested
                                           dollar figure and the large cigar subclass                                                                    a new bridge operation schedule that
                                                                                                   ADDRESSES:   To view documents
                                           dollar figure (cigar class dollar figure).                                                                    reduced vehicle traffic caused by bridge
                                                                                                   mentioned in this preamble as being
                                           *       *    *     *     *                              available in the docket, go to http://                openings.
                                           ■ 5. In § 1150.9, revise paragraph (a)(1)               www.regulations.gov, type ‘‘USCG–                        2. On January 8–10, 2013, the Florida
                                           and add paragraph (a)(2) to read as                     2015–0046’’ in the ‘‘SEARCH’’ box and                 Department of Transportation
                                           follows:                                                click ‘‘SEARCH.’’ Click on Open Docket                conducted a traffic monitoring study
                                                                                                   Folder on the line associated with this               1400 feet south of the Snake Creek
                                           § 1150.9 Domestic manufacturer or                                                                             Bridge on US–1. The study found peak
                                           importer assessment.
                                                                                                   rulemaking.
                                                                                                                                                         traffic volumes occurring around 08:45
                                                                                                   FOR FURTHER INFORMATION CONTACT: If
                                           *     *     *     *     *                                                                                     a.m. and between 12:15 p.m. and 3:15
                                             (a) * * *                                             you have questions on this rule, call or
                                                                                                                                                         p.m. These peak traffic times were used
                                             (1) For each class of tobacco products                email Coast Guard Sector Key West
                                                                                                                                                         to determine when the Snake Creek
                                           except cigars, FDA will calculate the                   Waterways Management Division;
                                                                                                                                                         Bridge opening schedule could be
                                           percentage share for each domestic                      telephone 305–292–8772, email D07-
                                                                                                                                                         limited to reduce traffic.
                                           manufacturer and importer by dividing                   DG-SECKW-WaterwaysManagement@
                                                                                                                                                            3. The Coast Guard’s review found
                                           the Federal excise taxes that it paid for               uscg.mil.
                                                                                                                                                         that the types of vessels navigating
                                           the class for the prior quarter by the                  SUPPLEMENTARY INFORMATION:                            Snake Creek include sport fishing
                                           total excise taxes that all domestic                    I. Table of Abbreviations                             vessels and catamaran sailboats. Many
                                           manufacturers and importers paid for                                                                          of these vessels are able to safely transit
                                           the class for that same quarter.                        CFR Code of Federal Regulations                       under the Bridge in the closed position.
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                                             (2) For the cigar class, FDA will                     DHS Department of Homeland Security
                                                                                                   E.O. Executive order                                  IV. Discussion of Comments, Changes
                                           calculate the percentage share for each                 FR Federal Register
                                           domestic manufacturer and importer by                                                                         and the Final Rule
                                                                                                   NPRM Notice of proposed rulemaking
                                           dividing the Federal excise taxes that it               Pub. L. Public Law                                      During the comment periods for the
                                           paid for the class for the prior fiscal year            § Section                                             temporary deviation and the temporary
                                           by the total excise taxes that all                      U.S.C. United States Code                             interim rule 161 comments were


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                                                               Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations                                          28717

                                           submitted to the docket. Sixty-three of                 overly restrictive impact on maritime                    Under section 213(a) of the Small
                                           those comment were received in                          traffic.                                              Business Regulatory Enforcement
                                           response to the temporary deviation                        Four comments in the docket file                   Fairness Act of 1996 (Public Law 104–
                                           published on March 27, 2015 (80 FR                      were empty and provided no input.                     121), we want to assist small entities in
                                           16280) and ninety-eight comments were                      These comments received during the                 understanding this rule. If the rule
                                           received in response to the temporary                   interim rule comment period have been                 would affect your small business,
                                           interim rule published on September 18,                 used to adjust this schedule.                         organization, or governmental
                                           2015 (80 FR 56381).                                     V. Regulatory Analyses                                jurisdiction and you have questions
                                              One hundred and forty-four                                                                                 concerning its provisions or options for
                                           comments supported the amended                            We developed this rule after                        compliance, please contact the person
                                           operating schedule applied during the                   considering numerous statutes and                     listed in the FOR FURTHER INFORMATION
                                           test deviation and the interim rule                     executive orders (E.O.s) related to                   CONTACT section above.
                                           which allowed the Snake Creek Bridge                    rulemaking. Below we summarize our                       Small businesses may send comments
                                           to remain on a once an hour schedule                    analyses based on a number of these                   on the actions of Federal employees
                                           between 8 a.m. and 6 p.m. seven days                    statutes and E.O.s, and we discuss First              who enforce, or otherwise determine
                                           a week and on demand at all other                       Amendment rights of protesters.                       compliance with, Federal regulations to
                                           times.                                                  A. Regulatory Planning and Review                     the Small Business and Agriculture
                                              Six comments received opposed the                                                                          Regulatory Enforcement Ombudsman
                                                                                                      E.O.s 12866 and 13563 direct agencies              and the Regional Small Business
                                           amended operating schedule or                           to assess the costs and benefits of
                                           suggested a different schedule that was                                                                       Regulatory Fairness Boards. The
                                                                                                   available regulatory alternatives, and, if            Ombudsman evaluates these actions
                                           more restrictive than necessary to                      regulation is necessary, to select
                                           accommodate vehicular traffic and did                                                                         annually and rates each agency’s
                                                                                                   regulatory approaches that maximize                   responsiveness to small business. If you
                                           not accommodate the reasonable needs                    net benefits. E.O. 13563 emphasizes the
                                           of maritime navigation.                                                                                       wish to comment on actions by
                                                                                                   importance of quantifying both costs                  employees of the Coast Guard, call 1–
                                              Two commenters requested that the                    and benefits, of reducing costs, of
                                           start time be moved to 7 a.m. to                                                                              888–REG–FAIR (1–888–734–3247). The
                                                                                                   harmonizing rules, and of promoting                   Coast Guard will not retaliate against
                                           accommodate the school bus schedule.                    flexibility. This rule has not been
                                           We agree that a schedule requiring the                                                                        small entities that question or complain
                                                                                                   designated a ‘‘significant regulatory                 about this rule or any policy or action
                                           Snake Creek Bridge to open once an                      action,’’ under E.O. 12866. Accordingly,
                                           hour starting at 7 a.m. would assist with                                                                     of the Coast Guard.
                                                                                                   it has not been reviewed by the Office
                                           alleviating vehicular traffic and would                 of Management and Budget.                             C. Collection of Information
                                           not interfere with the reasonable needs                    This regulatory action determination
                                           of maritime traffic. Therefore, this final                                                                      This rule calls for no new collection
                                                                                                   is made because vessels may navigate                  of information under the Paperwork
                                           rule has been modified to begin the                     the Snake Creek Bridge during the
                                           limited opening schedule at 7 a.m.                                                                            Reduction Act of 1995 (44 U.S.C. 3501–
                                                                                                   scheduled opening times or use                        3520).
                                           instead of 8 a.m.                                       alternate passages including Channel
                                              One comment suggested that these                     Five above Long Key, Florida, which is                D. Federalism and Indian Tribal
                                           regulations were not needed after Labor                 approximately 5.7 nautical miles                      Government
                                           Day. A review of the traffic logs shows                 southwest of Snake Creek Bridge.                         A rule has implications for federalism
                                           that vehicle traffic does not diminish                  Channel Five above Long Key, Florida is               under Executive Order 13132,
                                           significantly after Labor Day.                          a fixed US–1 Bridge that has a vertical               Federalism, if it has a substantial direct
                                              One comment suggested the bridge                     clearance of 65 feet. Also, vessels with              effect on the States, on the relationship
                                           remain on a twice an hour schedule                      adequate clearance may also pass under                between the national government and
                                           except for weekends and Federal                         Snake Creek Bridge while it is in the                 the States, or on the distribution of
                                           holidays. Based on a review of vehicle                  closed position.                                      power and responsibilities among the
                                           traffic patterns, vehicle traffic is heavy                                                                    various levels of government. We have
                                           throughout the daylight hours and                       B. Impact on Small Entities
                                                                                                                                                         analyzed this rule under that Order and
                                           increases during weekends and Federal                      The Regulatory Flexibility Act of 1980             have determined that it is consistent
                                           holidays. Reverting to a 30 minute                      (RFA), 5 U.S.C. 601–612, as amended,                  with the fundamental federalism
                                           schedule on weekends and Federal                        requires federal agencies to consider the             principles and preemption requirements
                                           Holidays would cause excessive vehicle                  potential impact of regulations on small              described in E.O. 13132.
                                           traffic which was the purpose of this                   entities during rulemaking. The term                     Also, this rule does not have tribal
                                           change in operating schedule.                           ‘‘small entities’’ comprises small                    implications under Executive Order
                                           Therefore, this rule does not make an                   businesses, not-for-profit organizations              13175, Consultation and Coordination
                                           exception for weekends and Federal                      that are independently owned and                      with Indian Tribal Governments,
                                           Holidays.                                               operated and are not dominant in their                because it does not have a substantial
                                              Two comments suggested placing                       fields, and governmental jurisdictions                direct effect on one or more Indian
                                           morning and afternoon curfew hours on                   with populations of less than 50,000.                 tribes, on the relationship between the
                                           this bridge. Placing morning and                        The Coast Guard certifies under 5 U.S.C.              Federal Government and Indian tribes,
                                           afternoon navigation closure periods on                 605(b) that this rule will not have a                 or on the distribution of power and
                                           this bridge would have an overly                        significant economic impact on a                      responsibilities between the Federal
                                           restrictive impact on commercial                        substantial number of small entities.                 Government and Indian tribes.
ehiers on DSK5VPTVN1PROD with RULES




                                           waterway users and would not meet the                      While some owners or operators of
                                           reasonable needs of maritime traffic.                   vessels intending to transit the bridge               E. Unfunded Mandates Reform Act
                                              One comment suggested just three                     may be small entities, for the reasons                  The Unfunded Mandates Reform Act
                                           bridge openings a day. Allowing this                    stated above and in V.A., this rule will              of 1995 (2 U.S.C. 1531–1538) requires
                                           bridge to open just three times during                  not have a significant economic impact                Federal agencies to assess the effects of
                                           daylight hours would also have an                       on any vessel owner or operator.                      their discretionary regulatory actions. In


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                                           28718               Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations

                                           particular, the Act addresses actions                   § 117.331    Snake Creek.                             Colorado, 80202–1129. EPA requests
                                           that may result in the expenditure by a                    The draw of the Snake Creek Bridge,                that you contact the individual listed in
                                           State, local, or tribal government, in the              at Islamorada, Florida, will open on                  the FOR FURTHER INFORMATION CONTACT
                                           aggregate, or by the private sector of                  signal, except that from 7 a.m. to 6 p.m.,            section to view the hard copy of the
                                           $100,000,000 (adjusted for inflation) or                the draw need open only on the hour.                  docket. You may view the hard copy of
                                           more in any one year. Though this rule                    Dated: May 4, 2016.                                 the docket Monday through Friday, 8:00
                                           will not result in such an expenditure,                 S. A. Buschman,
                                                                                                                                                         a.m. to 4:00 p.m., excluding federal
                                           we do discuss the effects of this rule                                                                        holidays.
                                                                                                   Rear Admiral, U.S. Coast Guard, Commander,
                                           elsewhere in this preamble.                             Seventh Coast Guard District.                         FOR FURTHER INFORMATION CONTACT:
                                           F. Environment                                          [FR Doc. 2016–10922 Filed 5–9–16; 8:45 am]            Adam Clark, Air Program, U.S.
                                                                                                   BILLING CODE 9110–04–P                                Environmental Protection Agency,
                                              We have analyzed this rule under                                                                           Region 8, Mailcode 8P–AR, 1595
                                           Department of Homeland Security                                                                               Wynkoop, Denver, Colorado 80202–
                                           Management Directive 023–01 and                                                                               1129, (303) 312–7104, clark.adam@
                                           Commandant Instruction M16475.lD,                       ENVIRONMENTAL PROTECTION
                                                                                                   AGENCY                                                epa.gov.
                                           which guides the Coast Guard in
                                                                                                                                                         SUPPLEMENTARY INFORMATION:
                                           complying with the National                             40 CFR Parts 52 and 81
                                           Environmental Policy Act of 1969                                                                              I. Background
                                           (NEPA) (42 U.S.C. 4321–4370f), and                      [EPA–R08–OAR–2015–0205; FRL–9945–64–
                                                                                                   Region 8]                                                The EPA designated a portion of
                                           have made a determination that this                                                                           Billings, Montana, as nonattainment for
                                           action is one of a category of actions                                                                        the 2010 SO2 NAAQS on August 5,
                                           which do not individually or                            Designation of Areas for Air Quality
                                                                                                   Planning Purposes; Redesignation                      2013, (effective October 4, 2013) using
                                           cumulatively have a significant effect on                                                                     2009–2011 ambient air quality data,
                                           the human environment. This rule                        Request and Associated Maintenance
                                                                                                   Plan for Billings, MT 2010 SO2                        leaving the remaining portion of Billings
                                           involves the operating regulations or                                                                         and Yellowstone County undesignated
                                           procedures for drawbridges. Normally                    Nonattainment Area
                                                                                                                                                         and subject to future analysis and
                                           such actions are categorically excluded                 AGENCY:  Environmental Protection                     designation. See 78 FR 47191 (August 5,
                                           from further review, under figure 2–1,                  Agency.                                               2013).
                                           paragraph (32)(e), of the Instruction.                  ACTION: Final rule.                                      On January 16, 2015, the State
                                           This rule simply promulgates the                                                                              submitted a request for the EPA to
                                           operating regulations or procedures for                 SUMMARY:    The Environmental Protection
                                                                                                                                                         determine that the Billings SO2
                                           drawbridges. This action is categorically               Agency (EPA) is approving the State of
                                                                                                                                                         nonattainment area has attained the
                                           excluded from further review, under                     Montana’s request to redesignate the
                                                                                                                                                         2010 SO2 NAAQS per the EPA’s ‘‘clean
                                           figure 2–1, paragraph (32)(e), of the                   Billings sulfur dioxide (SO2)
                                                                                                                                                         data policy.’’ On December 14, 2015, the
                                           Instruction.                                            nonattainment area to attainment for the
                                                                                                                                                         State submitted to the EPA a request for
                                              Under figure 2–1, paragraph (32)(e), of              2010 SO2 primary national ambient air
                                                                                                                                                         redesignation of the Billings 2010 SO2
                                           the Instruction, an environmental                       quality standards (NAAQS). The EPA
                                                                                                                                                         nonattainment area to attainment and a
                                           analysis checklist and a categorical                    has determined that the Billings SO2
                                                                                                                                                         SIP revision containing a maintenance
                                           exclusion determination are not                         nonattainment area is attaining the 2010
                                                                                                                                                         plan for the area.
                                           required for this rule.                                 SO2 primary NAAQS. In addition, the                      On March 7, 2016, the EPA published
                                                                                                   EPA is approving Montana’s                            a notice of proposed rulemaking (NPR)
                                           G. Protest Activities                                   maintenance plan which provides for                   which proposed to approve the State’s
                                             The Coast Guard respects the First                    continued attainment of the 2010 SO2                  requests. See 81 FR 11733. Specifically,
                                           Amendment rights of protesters.                         primary NAAQS in the area. These                      the EPA proposed to take the following
                                           Protesters are asked to contact the                     actions are being taken under the Clean               four separate but related actions: (1)
                                           person listed in the FOR FURTHER                        Air Act (CAA).                                        Determine that the Billings SO2
                                           INFORMATION CONTACT section to                          DATES: This final rule is effective on                nonattainment area is attaining the 2010
                                           coordinate protest activities so that your              June 9, 2016.                                         1-hour SO2 NAAQS; (2) approve
                                           message can be received without                         ADDRESSES: EPA has established a                      Montana’s plan for maintaining the
                                           jeopardizing the safety or security of                  docket for this action under Docket                   2010 1-hour SO2 NAAQS (maintenance
                                           people, places or vessels.                              Identification Number EPA–R08–OAR–                    plan); (3) redesignate the Billings SO2
                                                                                                   2015–0205. All documents in the docket                nonattainment area to attainment for the
                                           List of Subjects in 33 CFR Part 117                     are listed on the http://                             2010 1-hour SO2 NAAQS; and (4)
                                               Bridges.                                            www.regulations.gov index. Although                   determine that the Billings SO2
                                                                                                   listed in the index, some information                 nonattainment area has clean
                                             For the reasons discussed in the                      may not be publicly available, e.g.,
                                           preamble, the Coast Guard amends 33                                                                           monitoring data. The details of
                                                                                                   Confidential Business Information or                  Montana’s submittal and the rationale
                                           CFR part 117 as follows:                                other information whose disclosure is                 for EPA’s proposed actions are
                                           PART 117—DRAWBRIDGE                                     restricted by statute. Certain other                  explained in the NPR and will not be
                                           OPERATION REGULATIONS                                   material, such as copyrighted material,               restated here. The EPA received two
                                                                                                   will be publicly available only in hard               public comments on the NPR, both of
                                           ■ 1. The authority citation for part 117                copy. Publicly available docket                       which supported the proposed
ehiers on DSK5VPTVN1PROD with RULES




                                           continues to read as follows:                           materials are available either                        redesignation. We acknowledge these
                                                                                                   electronically through http://                        supportive comments.
                                             Authority: 33 U.S.C. 499; 33 CFR 1.05–1;              www.regulations.gov or in hard copy at
                                           Department of Homeland Security Delegation                                                                    II. Final Action
                                           No. 0170.1.
                                                                                                   the Air Program, Environmental
                                                                                                   Protection Agency (EPA), Region 8,                       The EPA is taking final actions on the
                                           ■   2. Revise § 117.331 to read as follows:             1595 Wynkoop Street, Denver,                          redesignation request and maintenance


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Document Created: 2016-05-10 05:19:29
Document Modified: 2016-05-10 05:19:29
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
ActionFinal rule.
DatesThis rule is effective June 9, 2016.
ContactIf you have questions on this rule, call or email Coast Guard Sector Key West Waterways Management Division; telephone 305-292-8772, email D07-DG-SECKW- [email protected]
FR Citation81 FR 28716 
RIN Number1625-AA09

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