81_FR_28885 81 FR 28795 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway and Indian Creek, Miami, FL.

81 FR 28795 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway and Indian Creek, Miami, FL.

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range28795-28797
FR Document2016-10921

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

Federal Register, Volume 81 Issue 90 (Tuesday, May 10, 2016)
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Proposed Rules]
[Pages 28795-28797]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10921]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

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


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

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

DATES: Comments and related material must reach the Coast Guard on or 
before July 11, 2016.

ADDRESSES:  You may submit comments identified by docket number USCG-
2015-0768 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Michael Lieberum of the Coast Guard; telephone 
305-415-6744, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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
FDOT Florida Department of Transportation
AICW Atlantic Intracoastal Waterway

II. Background, Purpose and Legal Basis

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

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.261. The Coast Guard 
will add paragraph (mm1) to this section. Under this proposed 
regulation, the draw of the West 79th Street Bridges, at Miami, Florida 
would open twice an hour, once on the hour and once on the half-hour, 
Monday through Friday between the hours of 7 a.m. and 7 p.m. During 
nights and weekends and on Federal holidays, the Bridge would open on 
signal.
    The Coast Guard further proposes to add section 117.304 to title 33 
of the CFR. This section will be entitled ``Miami Beach Channel'' and 
would add the schedule for the East 79th Street Bridge that will be 
identical to the proposed schedule for the West 79th Street Bridge 
stated above.

IV. Regulatory Analyses

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

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

[[Page 28796]]

flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on vessels being able 
to plan voyages that require transiting the bridge during the scheduled 
opening periods or, when capable of doing so, vessels may transit under 
the bridge at any time. This rule will further meet the reasonable 
needs of navigation while taking into consideration the reasonable 
needs of vehicular traffic.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section IV.A 
above this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

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

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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule simply 
promulgates the operating regulations or procedures for drawbridges. 
Normally such actions are 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

[[Page 28797]]

List of Subjects in 33 CFR Part 117

    Bridges.

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

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

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

0
2. In Sec.  117.261, add paragraph (mm1) to read as follows:


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

* * * * *
    (mm1) West 79th Street Bridge. The draw of the West 79th Street 
Bridge, at Miami, Florida will open on signal, except that from 7 a.m. 
to 7 p.m. Monday through Friday, except Federal holidays, the draw need 
only open on the hour and half hour.
* * * * *
0
3. Add Sec.  117.304 to read as follows:


Sec.  117.304  Miami Beach Channel.

    The draw of the East 79th Street bridge, at Miami, Florida will 
open on signal, except that from 7 a.m. to 7 p.m. Monday through 
Friday, except Federal holidays, the draw need only open on the hour 
and half hour.

    Dated: May 4, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-10921 Filed 5-9-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                        Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Proposed Rules                                           28795

                                               PART 117—DRAWBRIDGE                                     will place the East and West 79th Street                Additionally, other bridges on this
                                               OPERATION REGULATIONS                                   Bridges across Miami Beach Channel                    section of the Intracoastal Waterway and
                                                                                                       and Atlantic Intracoastal Waterway,                   Miami Channel open two times per
                                               ■ 1. The authority citation for part 117                Miami, FL on a twice an hour opening                  hour. The proposed scheduled openings
                                               continues to read as follows:                           schedule between 7 a.m. and 7 p.m.,                   will align the 79th Street bridge
                                                 Authority: 33 U.S.C. 499; 33 CFR 1.05–1;              Monday through Friday, except Federal                 openings with other bridges on the
                                               Department of Homeland Security Delegation              holidays. This action is intended to                  Intracoastal, namely, the Broad
                                               No. 0170.1.                                             reduce vehicular traffic caused by these              Causeway Bridge to the North (33 CFR
                                               ■ 2. In § 117.911, revise paragraph (f) to              bridges opening on demand.                            117.261(mm)) and The Venetian
                                               read as follows:                                        DATES: Comments and related material                  Causeway Bridge to the South (33 CFR
                                                                                                       must reach the Coast Guard on or before               117.261(nn)), thereby allowing vessels
                                               *      *    *     *     *                                                                                     to plan voyages during opening times
                                                 (f) The Lady’s Island Bridge (Woods                   July 11, 2016.
                                                                                                                                                             and vehicles to schedule commutes
                                               Memorial), across the Beaufort River,                   ADDRESSES: You may submit comments
                                                                                                                                                             around these openings.
                                               Mile 536.0 at Beaufort. The draw shall                  identified by docket number USCG–                       The East 79th Street Bridge across
                                               operate as follows:                                     2015–0768 using the Federal                           Miami Beach Channel, Miami, FL has a
                                                 (1) On Monday through Friday, except                  eRulemaking Portal at http://                         vertical clearance of 25 feet at MHW in
                                               Federal holidays:                                       www.regulations.gov. See the ‘‘Public                 the closed to navigation position and a
                                                 (i) From 6:30 a.m. to 9 a.m. and 3 p.m.               Participation and Request for                         horizontal clearance of 60 feet between
                                               to 6 p.m., the draw need not open to                    Comments’’ portion of the                             fenders.
                                               navigation; and,                                        SUPPLEMENTARY INFORMATION section for                   The West 79th Street Bridge across
                                                 (ii) Between 9 a.m. to 3 p.m., the draw               further instructions on submitting                    the Atlantic Intracoastal Waterway mile
                                               need open only on the hour.                             comments.                                             1084.6, Miami, FL has a vertical
                                                 (2) During the months of April, May,                                                                        clearance of 25 feet at MHW in the
                                                                                                       FOR FURTHER INFORMATION CONTACT:    If
                                               October, and November from Monday                                                                             closed to navigation position and a
                                                                                                       you have questions on this proposed
                                               through Friday, except Federal holidays,                                                                      horizontal clearance of 90 feet between
                                                                                                       rule, call or email Mr. Michael Lieberum
                                               the Lady’s Island Bridge (Woods                                                                               fenders.
                                                                                                       of the Coast Guard; telephone 305–415–
                                               Memorial) shall operate as follows:
                                                                                                       6744, email Michael.b.lieberum@                       III. Discussion of Proposed Rule
                                                 (i) From 7 a.m. to 9 a.m. and 4 p.m.
                                                                                                       uscg.mil.
                                               to 6 p.m., the draw need not open to                                                                             The Coast Guard proposes to amend
                                               navigation; and,                                        SUPPLEMENTARY INFORMATION:                            33 CFR 117.261. The Coast Guard will
                                                 (ii) Between 9 a.m. to 4 p.m., the draw                                                                     add paragraph (mm1) to this section.
                                                                                                       I. Table of Abbreviations
                                               need open only on the hour and half-                                                                          Under this proposed regulation, the
                                               hour.                                                   CFR Code of Federal Regulations                       draw of the West 79th Street Bridges, at
                                                 (3) At all other times the draw shall                 DHS Department of Homeland Security                   Miami, Florida would open twice an
                                               open on signal.                                         FR Federal Register                                   hour, once on the hour and once on the
                                                 Dated: May 4, 2016.                                   NPRM Notice of Proposed Rulemaking                    half-hour, Monday through Friday
                                                                                                       § Section Symbol                                      between the hours of 7 a.m. and 7 p.m.
                                               S.A. Buschman,                                          U.S.C. United States Code                             During nights and weekends and on
                                               Rear Admiral, U.S. Coast Guard, Commander,              FDOT Florida Department of
                                               Seventh Coast Guard District.                                                                                 Federal holidays, the Bridge would
                                                                                                         Transportation
                                                                                                                                                             open on signal.
                                               [FR Doc. 2016–10920 Filed 5–9–16; 8:45 am]              AICW Atlantic Intracoastal Waterway
                                                                                                                                                                The Coast Guard further proposes to
                                               BILLING CODE 9110–04–P
                                                                                                       II. Background, Purpose and Legal                     add section 117.304 to title 33 of the
                                                                                                       Basis                                                 CFR. This section will be entitled
                                                                                                                                                             ‘‘Miami Beach Channel’’ and would add
                                               DEPARTMENT OF HOMELAND                                     The East and West 79th Street Bridges
                                                                                                                                                             the schedule for the East 79th Street
                                               SECURITY                                                currently open on signal, pursuant to 33
                                                                                                                                                             Bridge that will be identical to the
                                                                                                       CFR 117.5, which results in frequent
                                               Coast Guard                                                                                                   proposed schedule for the West 79th
                                                                                                       openings that restrict vehicle traffic
                                                                                                                                                             Street Bridge stated above.
                                                                                                       during the day, especially during
                                               33 CFR Part 117                                         morning and afternoon rush hour traffic.              IV. Regulatory Analyses
                                               [Docket No. USCG–2015–0768]                             The Florida Department of                                We developed this proposed rule after
                                                                                                       Transportation (FDOT), the bridge                     considering numerous statutes and
                                               RIN 1625–AA09                                           owner, and the City of North Bay Village              executive orders (E.O.s) related to
                                                                                                       requested a change to the current                     rulemaking. Below we summarize our
                                               Drawbridge Operation Regulation;                        operating schedule for both bridges to
                                               Atlantic Intracoastal Waterway and                                                                            analyses based on these statutes and
                                                                                                       allow for scheduled openings twice an                 E.O.s and we discuss First Amendment
                                               Indian Creek, Miami, FL.                                hour during peak traffic times. Bridge                rights of protestors.
                                               AGENCY:   Coast Guard, DHS.                             logs indicate these bridges open up to
                                                                                                       four times an hour or more during peak                A. Regulatory Planning and Review
                                               ACTION:   Notice of proposed rulemaking.
                                                                                                       travel times, which results in frequent                 E.O.s 12866 and 13563 direct agencies
                                               SUMMARY:   The Coast Guard proposes                     vehicular traffic disruptions.                        to assess the costs and benefits of
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                                               modifying the operating schedule that                      This proposed regulation would                     available regulatory alternatives and, if
                                               governs the West 79th Street Bridge                     reduce vehicle traffic backups without                regulation is necessary, to select
                                               across the Atlantic Intracoastal                        unreasonably restricting vessel traffic by            regulatory approaches that maximize
                                               Waterway mile 1084.6, Miami, FL and                     scheduling two openings per hour                      net benefits. E.O. 13563 emphasizes the
                                               the operating schedule that governs the                 during peak traffic times, thereby                    importance of quantifying both costs
                                               East 79th Street Bridge across Miami                    balancing the needs of both modes of                  and benefits, of reducing costs, of
                                               Beach Channel, Miami, FL. This action                   transportation.                                       harmonizing rules, and of promoting


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                                               28796                    Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Proposed Rules

                                               flexibility. This NPRM has not been                     Paperwork Reduction Act of 1995 (44                   review, under figure 2–1, paragraph
                                               designated a ‘‘significant regulatory                   U.S.C. 3501–3520.).                                   (32)(e), of the Instruction.
                                               action,’’ under E.O. 12866. Accordingly,                                                                        Under figure 2–1, paragraph (32)(e), of
                                                                                                       D. Federalism and Indian Tribal
                                               the NPRM has not been reviewed by the                                                                         the Instruction, an environmental
                                                                                                       Government
                                               Office of Management and Budget.                                                                              analysis checklist and a categorical
                                                  This regulatory action determination                    A rule has implications for federalism
                                                                                                                                                             exclusion determination are not
                                               is based on vessels being able to plan                  under Executive Order 13132,
                                                                                                                                                             required for this rule. We seek any
                                               voyages that require transiting the                     Federalism, if it has a substantial direct
                                                                                                                                                             comments or information that may lead
                                               bridge during the scheduled opening                     effect on the States, on the relationship
                                                                                                                                                             to the discovery of a significant
                                               periods or, when capable of doing so,                   between the national government and
                                                                                                                                                             environmental impact from this
                                               vessels may transit under the bridge at                 the States, or on the distribution of
                                                                                                                                                             proposed rule.
                                               any time. This rule will further meet the               power and responsibilities among the
                                               reasonable needs of navigation while                    various levels of government. We have                 G. Protest Activities
                                               taking into consideration the reasonable                analyzed this proposed rule under that
                                                                                                       Order and have determined that it is                    The Coast Guard respects the First
                                               needs of vehicular traffic.                                                                                   Amendment rights of protesters.
                                                                                                       consistent with the fundamental
                                               B. Impact on Small Entities                             federalism principles and preemption                  Protesters are asked to contact the
                                                                                                       requirements described in E.O. 13132.                 person listed in the FOR FURTHER
                                                  The Regulatory Flexibility Act of 1980                                                                     INFORMATION CONTACT section to
                                               (RFA), 5 U.S.C. 601–612, as amended,                       Also, this proposed rule does not have
                                                                                                       tribal implications under Executive                   coordinate protest activities so that your
                                               requires federal agencies to consider the                                                                     message can be received without
                                               potential impact of regulations on small                Order 13175, Consultation and
                                                                                                       Coordination with Indian Tribal                       jeopardizing the safety or security of
                                               entities during rulemaking. The term                                                                          people, places or vessels.
                                               ‘‘small entities’’ comprises small                      Governments, because it would not have
                                               businesses, not-for-profit organizations                a substantial direct effect on one or                 V. Public Participation and Request for
                                               that are independently owned and                        more Indian tribes, on the relationship               Comments
                                               operated and are not dominant in their                  between the Federal Government and
                                                                                                       Indian tribes, or on the distribution of                 We view public participation as
                                               fields, and governmental jurisdictions
                                                                                                       power and responsibilities between the                essential to effective rulemaking, and
                                               with populations of less than 50,000.
                                                                                                       Federal Government and Indian tribes.                 will consider all comments and material
                                               The Coast Guard certifies under 5 U.S.C.
                                                                                                       If you believe this proposed rule has                 received during the comment period.
                                               605(b) that this proposed rule would not
                                                                                                       implications for federalism or Indian                 Your comment can help shape the
                                               have a significant economic impact on
                                                                                                       tribes, please contact the person listed              outcome of this rulemaking. If you
                                               a substantial number of small entities.
                                                                                                       in the FOR FURTHER INFORMATION                        submit a comment, please include the
                                                  While some owners or operators of                                                                          docket number for this rulemaking,
                                                                                                       CONTACT section above.
                                               vessels intending to transit the bridge                                                                       indicate the specific section of this
                                               may be small entities, for the reasons                  E. Unfunded Mandates Reform Act                       document to which each comment
                                               stated in section IV.A above this                         The Unfunded Mandates Reform Act                    applies, and provide a reason for each
                                               proposed rule would not have a                          of 1995 (2 U.S.C. 1531–1538) requires                 suggestion or recommendation.
                                               significant economic impact on any                      Federal agencies to assess the effects of
                                               vessel owner or operator.                                                                                        We encourage you to submit
                                                                                                       their discretionary regulatory actions. In            comments through the Federal
                                                  If you think that your business,                     particular, the Act addresses actions
                                               organization, or governmental                                                                                 eRulemaking Portal at http://
                                                                                                       that may result in the expenditure by a               www.regulations.gov. If your material
                                               jurisdiction qualifies as a small entity                State, local, or tribal government, in the
                                               and that this rule would have a                                                                               cannot be submitted using http://
                                                                                                       aggregate, or by the private sector of                www.regulations.gov, contact the person
                                               significant economic impact on it,                      $100,000,000 (adjusted for inflation) or
                                               please submit a comment (see                                                                                  in the FOR FURTHER INFORMATION
                                                                                                       more in any one year. Though this                     CONTACT section of this document for
                                               ADDRESSES) explaining why you think it                  proposed rule will not result in such an
                                               qualifies and how and to what degree                                                                          alternate instructions.
                                                                                                       expenditure, we do discuss the effects of
                                               this rule would economically affect it.                 this proposed rule elsewhere in this                     We accept anonymous comments. All
                                                  Under section 213(a) of the Small                    preamble.                                             comments received will be posted
                                               Business Regulatory Enforcement                                                                               without change to http://
                                               Fairness Act of 1996 (Public Law 104–                   F. Environment                                        www.regulations.gov and will include
                                               121), we want to assist small entities in                 We have analyzed this proposed rule                 any personal information you have
                                               understanding this proposed rule. If the                under Department of Homeland                          provided. For more about privacy and
                                               rule would affect your small business,                  Security Management Directive 023–01                  the docket, you may review a Privacy
                                               organization, or governmental                           and Commandant Instruction                            Act notice regarding the Federal Docket
                                               jurisdiction and you have questions                     M16475.lD, which guides the Coast                     Management System in the March 24,
                                               concerning its provisions or options for                Guard in complying with the National                  2005, issue of the Federal Register (70
                                               compliance, please contact the person                   Environmental Policy Act of 1969                      FR 15086).
                                               listed in the FOR FURTHER INFORMATION                   (NEPA) (42 U.S.C. 4321–4370f), and                       Documents mentioned in this notice,
                                               CONTACT section above. The Coast Guard                  have made a preliminary determination                 and all public comments, are in our
                                                                                                       that this action is one of a category of              online docket at http://
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                               will not retaliate against small entities
                                               that question or complain about this                    actions which do not individually or                  www.regulations.gov and can be viewed
                                               proposed rule or any policy or action of                cumulatively have a significant effect on             by following that Web site’s
                                               the Coast Guard.                                        the human environment. This proposed                  instructions. Additionally, if you go to
                                                                                                       rule simply promulgates the operating                 the online docket and sign up for email
                                               C. Collection of Information
                                                                                                       regulations or procedures for                         alerts, you will be notified when
                                                 This proposed rule would call for no                  drawbridges. Normally such actions are                comments are posted or a final rule is
                                               new collection of information under the                 categorically excluded from further                   published.


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                                                                        Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Proposed Rules                                                      28797

                                               List of Subjects in 33 CFR Part 117                     EPA in submittals dated May 16, 2011                  http://www2.epa.gov/dockets/
                                                 Bridges.                                              (two separate submittals), and                        commenting-epa-dockets.
                                                                                                       September 5, 2013. These SIP submittals               FOR FURTHER INFORMATION CONTACT:   Joel
                                                 For the reasons discussed in the                      modify North Carolina’s New Source
                                               preamble, the Coast Guard proposes to                                                                         Huey of the Air Planning and
                                                                                                       Review (NSR)—Prevention of                            Implementation Branch, Air, Pesticides
                                               amend 33 CFR part 117 as follows:                       Significant Deterioration (PSD) and                   and Toxics Management Division, U.S.
                                               PART 117—DRAWBRIDGE                                     Nonattainment New Source Review                       Environmental Protection Agency,
                                               OPERATION REGULATIONS                                   (NNSR)—permitting regulations and                     Region 4, 61 Forsyth Street SW.,
                                                                                                       include the adoption of some federal                  Atlanta, Georgia 30303–8960. Mr. Huey
                                               ■ 1. The authority citation for part 117                requirements regarding implementation                 can be reached by telephone at (404)
                                               continues to read as follows:                           of the fine particulate matter (PM2.5)                562–9104 or via electronic mail at
                                                 Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                                                                       national ambient air quality standards                huey.joel@epa.gov.
                                               Department of Homeland Security Delegation              (NAAQS) through the NSR permitting                    SUPPLEMENTARY INFORMATION:
                                               No. 0170.1.                                             program. As a result of the proposed
                                                                                                                                                             I. What are the actions EPA is proposing?
                                                                                                       disapproval of a portion of the State’s               II. Fine Particulate Matter and the NAAQS
                                               ■ 2. In § 117.261, add paragraph (mm1)                  NSR requirements, EPA is also
                                               to read as follows:                                                                                           III. What is EPA’s analysis of North
                                                                                                       proposing to approve, in part, and                          Carolina’s May 16, 2011, and September
                                               § 117.261 Atlantic Intracoastal Waterway                disapprove, in part, the PSD elements of                    5, 2013, SIP submittals addressing NSR
                                               from St. Marys River to Key Largo.                      North Carolina’s infrastructure SIP                         requirements?
                                                                                                       submittals for the 2008 lead, 2008 8-                    A. North Carolina’s SIP Submittal Changes
                                               *     *    *     *     *                                                                                            Regarding the 2008 NSR PM2.5
                                                 (mm1) West 79th Street Bridge. The                    hour ozone, 2010 sulfur dioxide (SO2),
                                                                                                                                                                   Implementation Rule
                                               draw of the West 79th Street Bridge, at                 2010 nitrogen dioxide (NO2) and the                      B. North Carolina’s SIP Submittal Changes
                                               Miami, Florida will open on signal,                     2012 PM2.5 NAAQS, and to convert the                        Regarding the 2010 PSD PM2.5 Rule
                                               except that from 7 a.m. to 7 p.m.                       Agency’s previous conditional                            C. North Carolina’s Miscellaneous SIP
                                               Monday through Friday, except Federal                   approvals of the PSD elements of North                      Submittal Changes Regarding the NSR
                                               holidays, the draw need only open on                    Carolina’s infrastructure SIP submittals                    Program
                                                                                                       for the 1997 Annual PM2.5 and 2006 24-                IV. What is EPA’s analysis of the PSD
                                               the hour and half hour.                                                                                             elements for North Carolina’s
                                               *     *    *     *     *                                hour PM2.5 NAAQS to partial approvals
                                                                                                                                                                   infrastructure SIP submittals?
                                               ■ 3. Add § 117.304 to read as follows:
                                                                                                       and partial disapprovals. This proposed                  A. PSD Elements for Infrastructure
                                                                                                       partial disapproval, if finalized, will                     Submittals for the 2008 Lead, 2008 8-
                                               § 117.304    Miami Beach Channel.                       trigger the requirements for EPA to                         Hour Ozone, 2010 NO2, 2010 SO2 and
                                                 The draw of the East 79th Street                      promulgate a Federal Implementation                         2012 PM2.5 NAAQS
                                               bridge, at Miami, Florida will open on                  Plan (FIP) no later than two years from                  B. PSD Elements for Infrastructure
                                               signal, except that from 7 a.m. to 7 p.m.               the date of the disapproval unless the                      Submittals for the 1997 and 2006 PM2.5
                                                                                                       State corrects the deficiencies through a                   NAAQS
                                               Monday through Friday, except Federal                                                                         V. Incorporation by Reference
                                               holidays, the draw need only open on                    SIP revision and EPA approves the SIP
                                                                                                                                                             VI. Proposed Actions
                                               the hour and half hour.                                 revision before EPA promulgates such a                VII. Statutory and Executive Order Reviews
                                                                                                       FIP.
                                                 Dated: May 4, 2016.                                                                                         I. What are the actions EPA is
                                                                                                       DATES: Comments must be received on
                                               S.A. Buschman,                                                                                                proposing?
                                                                                                       or before June 9, 2016.
                                               Rear Admiral, U.S. Coast Guard, Commander,
                                               Seventh Coast Guard District.                           ADDRESSES: Submit your comments,                         EPA is proposing four actions, some
                                                                                                       identified by Docket ID No EPA–R04–                   with multiple parts, with regard to
                                               [FR Doc. 2016–10921 Filed 5–9–16; 8:45 am]
                                                                                                       OAR–2015–0501 at http://                              North Carolina’s SIP submittals
                                               BILLING CODE 9110–04–P
                                                                                                       www.regulations.gov. Follow the online                updating the State’s PSD and NNSR
                                                                                                       instructions for submitting comments.                 regulations found at 15A North Carolina
                                                                                                       Once submitted, comments cannot be                    Administrative Code (NCAC) 02D .0530
                                               ENVIRONMENTAL PROTECTION                                edited or removed from Regulations.gov.               and 15A NCAC 02D .0531.1 First, EPA
                                               AGENCY                                                  EPA may publish any comment received                  is proposing to approve a May 16, 2011,
                                                                                                       to its public docket. Do not submit                   SIP submittal from North Carolina (as
                                               40 CFR Part 52                                                                                                revised and updated by the State’s
                                                                                                       electronically any information you
                                               [EPA–R04–OAR–2015–0501; FRL–9946–14–                    consider to be Confidential Business                  September 5, 2013, SIP submittal) as
                                               Region 4]                                               Information (CBI) or other information                meeting the requirements of EPA’s rule,
                                                                                                       whose disclosure is restricted by statute.            ‘‘Implementation of the New Source
                                               Air Plan Approval and Disapproval;                      Multimedia submissions (audio, video,                 Review (NSR) Program for Particulate
                                               North Carolina: New Source Review for                   etc.) must be accompanied by a written                Matter Less Than 2.5 Micrometers
                                               Fine Particulate Matter (PM2.5)                         comment. The written comment is
                                                                                                                                                               1 North Carolina’s preconstruction permitting
                                               AGENCY:     Environmental Protection                    considered the official comment and
                                                                                                                                                             program for new and modified stationary sources is
                                               Agency.                                                 should include discussion of all points               codified at 15A NCAC Subchapter 02D.
                                               ACTION:Proposed rule.                                   you wish to make. EPA will generally                  Specifically, North Carolina’s PSD preconstruction
                                                                                                       not consider comments or comment                      regulations are found at 15A NCAC 02D .0530 and
                                               SUMMARY:   The Environmental Protection                 contents located outside of the primary               apply to major stationary sources or modifications
ehiers on DSK5VPTVN1PROD with PROPOSALS




                                                                                                                                                             constructed in areas designated attainment or
                                               Agency (EPA) is proposing to approve,                   submission (i.e., on the Web, cloud, or               unclassifiable/attainment for the NAAQS, as
                                               in part, and disapprove, in part, changes               other file sharing system). For                       required under part C of title I of the Clean Air Act
                                               to the North Carolina State                             additional submission methods, the full               (CAA or Act). North Carolina’s NNSR regulations
                                               Implementation Plan (SIP), provided by                  EPA public comment policy,                            are found at 15A NCAC 02D .0531 and apply to the
                                                                                                                                                             construction and modification of any major
                                               the North Carolina Department of                        information about CBI or multimedia                   stationary source of air pollution in or impacting
                                               Environmental Quality (NC DEQ)                          submissions, and general guidance on                  upon a NAAQS nonattainment area, as required by
                                               through the Division of Air Quality, to                 making effective comments, please visit               Part D of title I of the CAA.



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Document Created: 2016-05-10 05:19:26
Document Modified: 2016-05-10 05:19:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must reach the Coast Guard on or before July 11, 2016.
ContactIf you have questions on this proposed rule, call or email Mr. Michael Lieberum of the Coast Guard; telephone 305-415-6744, email [email protected]
FR Citation81 FR 28795 
RIN Number1625-AA09

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