82_FR_19068 82 FR 18990 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway and Indian Creek, Miami, FL

82 FR 18990 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway and Indian Creek, Miami, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 78 (April 25, 2017)

Page Range18990-18992
FR Document2017-08257

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

Federal Register, Volume 82 Issue 78 (Tuesday, April 25, 2017)
[Federal Register Volume 82, Number 78 (Tuesday, April 25, 2017)]
[Rules and Regulations]
[Pages 18990-18992]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08257]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

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


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

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

DATES: This rule is effective May 25, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0768. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e- Mr. Michael Lieberum of the Coast Guard; telephone 305-415-
6744, email [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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

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

III. Legal Authority and Need for Rule

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

[[Page 18991]]

IV. Discussion of Comments, Changes and the Final Rule

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

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge during the scheduled opening 
times.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities. While some owners or operators of 
vessels intending to transit the bridge may be small entities, for the 
reasons stated in section IV.A above, this rule would not have a 
significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Government

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

E. Unfunded Mandates Reform Act

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

F. Environment

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

G. Protest Activities

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

List of Subjects in 33 CFR Part 117

    Bridges.


[[Page 18992]]


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

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

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


0
2. In Sec.  117.261, add paragraph (mm-1) to read as follows:


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

* * * * *
    (mm-1) West 79th Street Bridge. The draw of the West 79th Street 
Bridge, at Miami, Florida will open on signal, except that from 7 a.m. 
to 7 p.m. Monday through Friday, except Federal holidays, the draw need 
only open on the hour and half hour.
* * * * *

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


Sec.  117.304  Miami Beach Channel.

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

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



                                                  18990               Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations

                                                     Vessels able to pass through the                       Dated: April 19, 2017.                              II. Background Information and
                                                  bridge in the closed position may do so                 Barry Dragon,                                         Regulatory History
                                                  at any time. The bridge will be able to                 Director, Bridge Branch, Seventh Coast Guard
                                                                                                                                                                   On May 10, 2016, we published a
                                                  open for emergencies and there is no                    District.
                                                                                                                                                                notice of proposed rulemaking (NPRM)
                                                  immediate alternate route for vessels to                [FR Doc. 2017–08260 Filed 4–24–17; 8:45 am]
                                                                                                                                                                titled Drawbridge Operation Regulation;
                                                  pass through the bridge in closed                       BILLING CODE 9110–04–P
                                                                                                                                                                Atlantic Intracoastal Waterway and
                                                  positions. The Coast Guard will also
                                                                                                                                                                Indian Creek, Miami, FL in the Federal
                                                  inform the users of the waterways                                                                             Register (81 FR 28795). There we stated
                                                  through Local and Broadcast Notices to                  DEPARTMENT OF HOMELAND
                                                                                                                                                                why we issued the NPRM and invited
                                                  Mariners of the change in operating                     SECURITY
                                                                                                                                                                comments on our proposed regulatory
                                                  schedule for the bridge so that vessel                                                                        action related to the East and West 79th
                                                  operators can arrange their transits to                 Coast Guard
                                                                                                                                                                Street Bridges. During the comment
                                                  minimize any impact caused by the                                                                             period that ended on June 11, 2016, we
                                                  temporary deviation.                                    33 CFR Part 117
                                                                                                                                                                received 12 comments.
                                                     In accordance with 33 CFR 117.35(e),
                                                  the drawbridge must return to its regular               [Docket No. USCG–2015–0768]                           III. Legal Authority and Need for Rule
                                                  operating schedule immediately at the                                                                            The Coast Guard is issuing this rule
                                                  end of the effective period of this                     RIN 1625–AA09                                         under authority in 33 U.S.C. 499. The
                                                  temporary deviation. This deviation                                                                           East and West 79th Street Bridges
                                                  from the operating regulations is                       Drawbridge Operation Regulation;
                                                                                                                                                                currently open upon request or signal,
                                                  authorized under 33 CFR 117.35.                         Atlantic Intracoastal Waterway and
                                                                                                                                                                pursuant to 33 CFR 117.5, which results
                                                                                                          Indian Creek, Miami, FL
                                                                                                                                                                in frequent openings that restrict vehicle
                                                  Public Participation and Request for
                                                                                                          AGENCY:    Coast Guard, DHS.                          traffic during the day, especially during
                                                  Comments
                                                                                                          ACTION:   Final rule.                                 morning and afternoon rush hour traffic.
                                                     We view public participation as                                                                               The Florida Department of
                                                  essential to effective rulemaking, and                  SUMMARY:   The Coast Guard is modifying               Transportation (FDOT), the bridge
                                                  will consider all comments and material                 the operating schedule that governs the               owner, and the City of North Bay Village
                                                  received during the comment period.                     West 79th Street Bridge across the                    requested a change to the current
                                                  Your comment can help shape the                         Atlantic Intracoastal Waterway mile                   operating schedule for both bridges to
                                                  outcome of this rulemaking. If you                      1084.6, Miami, FL and the operating                   allow for scheduled openings twice an
                                                  submit a comment, please include the                    schedule that governs the East 79th                   hour during peak traffic times. Bridge
                                                  docket number for this rulemaking,                      Street Bridge across Miami Beach                      logs indicate these bridges open up to
                                                  indicate the specific section of this                   Channel, Miami, FL. This action will                  four times an hour or more during peak
                                                  document to which each comment                          place the East and West 79th Street                   travel times, which results in frequent
                                                  applies, and provide a reason for each                  Bridges across Miami Beach Channel                    vehicular traffic disruptions. This
                                                  suggestion or recommendation.                           and Atlantic Intracoastal Waterway,                   regulation would reduce vehicle traffic
                                                                                                          Miami, FL on a twice an hour opening                  backups without unreasonably
                                                     We encourage you to submit
                                                                                                          schedule between 7 a.m. and 7 p.m.,                   restricting vessel traffic by scheduling
                                                  comments through the Federal
                                                                                                          Monday through Friday, except Federal                 two openings per hour during peak
                                                  eRulemaking Portal at http://                                                                                 traffic times, thereby balancing the
                                                                                                          holidays. This action is intended to
                                                  www.regulations.gov. If your material                   reduce vehicular traffic caused by these              needs of both modes of transportation.
                                                  cannot be submitted using http://                       bridges opening on demand.
                                                  www.regulations.gov, contact the person                                                                          Additionally, other bridges on this
                                                  in the FOR FURTHER INFORMATION                          DATES: This rule is effective May 25,                 section of the Intracoastal Waterway and
                                                                                                          2017.                                                 Miami Channel open two times per
                                                  CONTACT section of this document for
                                                                                                                                                                hour. The scheduled openings will align
                                                  alternate instructions.                                 ADDRESSES:   To view documents
                                                                                                                                                                the 79th Street bridge openings with
                                                     We accept anonymous comments. All                    mentioned in this preamble as being
                                                                                                                                                                other bridges on the Intracoastal,
                                                  comments received will be posted                        available in the docket, go to http://
                                                                                                                                                                namely, the Broad Causeway Bridge to
                                                  without change to http://                               www.regulations.gov, type USCG–2015–
                                                                                                                                                                the North (33 CFR 117.261(mm) and
                                                  www.regulations.gov and will include                    0768. In the ‘‘SEARCH’’ box and click
                                                                                                                                                                The Venetian Causeway Bridge to the
                                                  any personal information you have                       ‘‘SEARCH.’’ Click on Open Docket
                                                                                                                                                                South (33 CFR 117.261(nn), thereby
                                                  provided. For more about privacy and                    Folder on the line associated with this
                                                                                                                                                                allowing vessels to plan voyages during
                                                  the docket, you may review a Privacy                    rulemaking.
                                                                                                                                                                opening times and vehicles to schedule
                                                  Act notice regarding the Federal Docket                 FOR FURTHER INFORMATION CONTACT: If                   commutes around these openings.
                                                  Management System in the March 24,                      you have questions on this rule, call or                 The East 79th Street Bridge across
                                                  2005, issue of the Federal Register (70                 e- Mr. Michael Lieberum of the Coast                  Miami Beach Channel, Miami, FL has a
                                                  FR 15086).                                              Guard; telephone 305–415–6744, email                  vertical clearance of 25 feet at mean
                                                     Documents mentioned in this notice                   Michael.b.lieberum@uscg.mil.                          high water (MHW) in the closed to
                                                  of deviation, and all public comments,                  SUPPLEMENTARY INFORMATION:                            navigation position and a horizontal
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  are in our online docket at http://                     I. Table of Abbreviations                             clearance of 60 feet between fenders.
                                                  www.regulations.gov and can be viewed                                                                            The West 79th Street Bridge across
                                                  by following that Web site’s                            CFR Code of Federal Regulations                       the Atlantic Intracoastal Waterway mile
                                                                                                          DHS Department of Homeland Security
                                                  instructions. Additionally, if you go to                FR Federal Register
                                                                                                                                                                1084.6, Miami, FL has a vertical
                                                  the online docket and sign up for email                 NPRM Notice of proposed rulemaking                    clearance of 25 feet at MHW in the
                                                  alerts, you will be notified when                       Pub. L. Public Law                                    closed to navigation position and a
                                                  comments are posted or a final rule is                  § Section                                             horizontal clearance of 90 feet between
                                                  published.                                              U.S.C. United States Code                             fenders.


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                                                                      Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations                                        18991

                                                  IV. Discussion of Comments, Changes                     fields, and governmental jurisdictions                13175, Consultation and Coordination
                                                  and the Final Rule                                      with populations of less than 50,000.                 with Indian Tribal Governments,
                                                     As noted above, the Coast Guard                      The Coast Guard received no comments                  because it does not have a substantial
                                                  received 12 comments to the NPRM                        from the Small Business Administration                direct effect on one or more Indian
                                                  published on May 10, 2016. All 12 of                    on this rule. The Coast Guard certifies               tribes, on the relationship between the
                                                  the comments were in favor of changing                  under 5 U.S.C. 605(b) that this rule will             Federal Government and Indian tribes,
                                                  the existing on-demand schedule to a                    not have a significant economic impact                or on the distribution of power and
                                                  twice an hour opening schedule from 7                   on a substantial number of small                      responsibilities between the Federal
                                                  a.m. to 7 p.m. One comment requested                    entities. While some owners or                        Government and Indian tribes. If you
                                                  that this bridge only open when vessels                 operators of vessels intending to transit             believe this rule has implications for
                                                  are waiting or when there is a request                  the bridge may be small entities, for the             federalism or Indian tribes, please
                                                  to open. This stipulation is covered by                 reasons stated in section IV.A above,                 contact the person listed in the FOR
                                                  other regulations in 33 CFR part 117 and                this rule would not have a significant                FURTHER INFORMATION CONTACT section.
                                                  will only open at the designated times                  economic impact on any vessel owner
                                                                                                          or operator.                                          E. Unfunded Mandates Reform Act
                                                  if requested by vessel operators.
                                                     This rule will allow the draw of the                    Under section 213(a) of the Small                    The Unfunded Mandates Reform Act
                                                  West 79th Street Bridges, across the                    Business Regulatory Enforcement
                                                                                                                                                                of 1995 (2 U.S.C. 1531–1538) requires
                                                  AICW and Indian Creek at Miami,                         Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                                                                                Federal agencies to assess the effects of
                                                  Florida to open twice an hour, once on                  we want to assist small entities in
                                                                                                                                                                their discretionary regulatory actions. In
                                                  the hour and once on the half-hour,                     understanding this rule. If the rule
                                                                                                                                                                particular, the Act addresses actions
                                                  Monday through Friday between the                       would affect your small business,
                                                                                                                                                                that may result in the expenditure by a
                                                  hours of 7 a.m. and 7 p.m. During nights                organization, or governmental
                                                                                                                                                                State, local, or tribal government, in the
                                                  and weekends and on Federal holidays,                   jurisdiction and you have questions
                                                                                                                                                                aggregate, or by the private sector of
                                                  the Bridge would open on signal. This                   concerning its provisions or options for
                                                                                                                                                                $100,000,000 (adjusted for inflation) or
                                                  is a significant change from the on-                    compliance, please contact the person
                                                                                                                                                                more in any one year. Though this rule
                                                  demand schedule both bridges were                       listed in the FOR FURTHER INFORMATION
                                                                                                                                                                will not result in such an expenditure,
                                                  previously operating on.                                CONTACT, above.
                                                                                                                                                                we do discuss the effects of this rule
                                                                                                             Small businesses may send comments
                                                  V. Regulatory Analyses                                                                                        elsewhere in this preamble
                                                                                                          on the actions of Federal employees
                                                    We developed this rule after                          who enforce, or otherwise determine                   F. Environment
                                                  considering numerous statutes and                       compliance with, Federal regulations to
                                                  Executive orders related to rulemaking.                 the Small Business and Agriculture                       We have analyzed this rule under
                                                  Below we summarize our analyses                         Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                  based on a number of these statutes and                 and the Regional Small Business                       Management Directive 023–01 and
                                                  Executive orders, and we discuss First                  Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                                  Amendment rights of protesters.                         Ombudsman evaluates these actions                     which guides the Coast Guard in
                                                                                                          annually and rates each agency’s                      complying with the National
                                                  A. Regulatory Planning and Review                                                                             Environmental Policy Act of 1969
                                                                                                          responsiveness to small business. If you
                                                     Executive Orders 12866 and 13563                     wish to comment on actions by                         (NEPA) (42 U.S.C. 4321–4370f), and
                                                  direct agencies to assess the costs and                 employees of the Coast Guard, call 1–                 have determined that this action is one
                                                  benefits of available regulatory                        888–REG–FAIR (1–888–734–3247). The                    of a category of actions which do not
                                                  alternatives and, if regulation is                      Coast Guard will not retaliate against                individually or cumulatively have a
                                                  necessary, to select regulatory                         small entities that question or complain              significant effect on the human
                                                  approaches that maximize net benefits.                  about this rule or any policy or action               environment. This rule promulgates the
                                                  Executive Order 13563 emphasizes the                    of the Coast Guard.                                   operating regulations or procedures for
                                                  importance of quantifying both costs                                                                          drawbridges. This action is categorically
                                                  and benefits, of reducing costs, of                     C. Collection of Information                          excluded from further review, under
                                                  harmonizing rules, and of promoting                       This rule calls for no new collection               figure 2–1, paragraph (32)(e), of the
                                                  flexibility. This rule has not been                     of information under the Paperwork                    Instruction.
                                                  designated a ‘‘significant regulatory                   Reduction Act of 1995 (44 U.S.C. 3501–                   Under figure 2–1, paragraph (32)(e), of
                                                  action,’’ under Executive Order 12866.                  3520).                                                the Instruction, an environmental
                                                  Accordingly, it has not been reviewed                                                                         analysis checklist and a categorical
                                                                                                          D. Federalism and Indian Tribal
                                                  by the Office of Management and                                                                               exclusion determination are not
                                                                                                          Government
                                                  Budget.                                                                                                       required for this rule.
                                                     This regulatory action determination                    A rule has implications for federalism
                                                  is based on the ability that vessels can                under Executive Order 13132,                          G. Protest Activities
                                                  still transit the bridge during the                     Federalism, if it has a substantial direct
                                                  scheduled opening times.                                effect on the States, on the relationship               The Coast Guard respects the First
                                                                                                          between the national government and                   Amendment rights of protesters.
                                                  B. Impact on Small Entities                             the States, or on the distribution of                 Protesters are asked to contact the
                                                     The Regulatory Flexibility Act of 1980               power and responsibilities among the                  person listed in the FOR FURTHER
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  (RFA), 5 U.S.C. 601–612, as amended,                    various levels of government. We have                 INFORMATION CONTACT section to
                                                  requires federal agencies to consider the               analyzed this rule under that Order and               coordinate protest activities so that your
                                                  potential impact of regulations on small                have determined that it is consistent                 message can be received without
                                                  entities during rulemaking. The term                    with the fundamental federalism                       jeopardizing the safety or security of
                                                  ‘‘small entities’’ comprises small                      principles and preemption requirements                people, places or vessels.
                                                  businesses, not-for-profit organizations                described in Executive Order 13132.                   List of Subjects in 33 CFR Part 117
                                                  that are independently owned and                           Also, this rule does not have tribal
                                                  operated and are not dominant in their                  implications under Executive Order                       Bridges.


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                                                  18992               Federal Register / Vol. 82, No. 78 / Tuesday, April 25, 2017 / Rules and Regulations

                                                    For the reasons discussed in the                      ACTION:   Final rule.                                 of the CAA. Section 110(a)(2) lists the
                                                  preamble, the Coast Guard amends 33                                                                           specific infrastructure elements that a
                                                  CFR part 117 as follows:                                SUMMARY:    The Environmental Protection              SIP must contain or satisfy.
                                                                                                          Agency (EPA) is approving elements of
                                                                                                          State Implementation Plan (SIP)                         In our proposed rule (PR), the EPA
                                                  PART 117—DRAWBRIDGE
                                                                                                          revisions from the State of Wyoming to                proposed to approve and take no action
                                                  OPERATION REGULATIONS
                                                                                                          demonstrate the State meets                           on some infrastructure elements for the
                                                  ■ 1. The authority citation for part 117                infrastructure requirements of the Clean              2008 Pb, 2008 ozone, 2010 NO2, 2010
                                                  continues to read as follows:                           Air Act (CAA) for the National Ambient                SO2 and 2012 PM2.5 NAAQS from the
                                                                                                          Air Quality Standards (NAAQS)                         State’s certifications.1 In this
                                                    Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                                                                          promulgated for ozone on March 12,                    rulemaking, we are taking final action to
                                                  Department of Homeland Security Delegation
                                                  No. 0170.1.                                             2008, lead (Pb) on October 15, 2008,                  approve infrastructure elements from
                                                                                                          nitrogen dioxide (NO2) on January 22,                 the State’s certifications. We are also
                                                  ■ 2. In § 117.261, add paragraph (mm-1)                                                                       taking final action to approve new rules
                                                  to read as follows:                                     2010, sulfur dioxide (SO2) on June 2,
                                                                                                          2010, and fine particulate matter (PM2.5)             to Wyoming Department of
                                                  § 117.261 Atlantic Intracoastal Waterway                on December 14, 2012. The EPA is also                 Environmental Quality General Rules of
                                                  from St. Marys River to Key Largo.                      approving SIP revisions the State                     Practice and Procedure submitted on
                                                  *     *    *     *     *                                submitted regarding state boards.                     May 31, 2016, to satisfy requirements of
                                                    (mm-1) West 79th Street Bridge. The                                                                         section 110(a)(2)(E)(ii), state boards.
                                                                                                          DATES: This rule is effective on May 25,
                                                  draw of the West 79th Street Bridge, at                 2017.                                                 II. Response to Comments
                                                  Miami, Florida will open on signal,                     ADDRESSES: The EPA has established a
                                                  except that from 7 a.m. to 7 p.m.                                                                               We received one comment letter from
                                                                                                          docket for this action under Docket ID
                                                  Monday through Friday, except Federal                                                                         the Wyoming Department of
                                                                                                          No. EPA–R08–OAR–2012–0933. All
                                                  holidays, the draw need only open on                                                                          Environmental Quality (Wyoming DEQ)
                                                                                                          documents in the docket are listed on
                                                  the hour and half hour.                                                                                       in support of the EPA’s proposed
                                                                                                          the http://www.regulations.gov Web
                                                  *     *    *     *     *                                                                                      approval of infrastructure requirements
                                                                                                          site. Although listed in the index, some
                                                                                                                                                                of the CAA and the state boards
                                                  ■ 3. Add § 117.304 to read as follows:                  information is not publicly available,
                                                                                                                                                                requirement under CAA section 128.
                                                                                                          e.g., CBI or other information whose
                                                  § 117.304    Miami Beach Channel.                       disclosure is restricted by statute.                  III. Final Action
                                                    The draw of the East 79th Street                      Certain other material, such as
                                                  Bridge, at Miami, Florida will open on                  copyrighted material, is not placed on                  For reasons expressed in the proposed
                                                  signal, except that from 7 a.m. to 7 p.m.               the Internet and will be publicly                     rule, the EPA is taking final action to
                                                  Monday through Friday, except Federal                   available only in hard copy form.                     approve infrastructure elements from
                                                  holidays, the draw need only open on                    Publicly available docket materials are               the State’s certifications as shown in
                                                  the hour and half hour.                                 available either electronically through               Table 1. Elements we are taking no
                                                                                                          http://www.regulations.gov or in hard                 action on are reflected in Table 2. We
                                                    Dated: April 19, 2017.
                                                                                                          copy at the Air Program, Environmental                are also approving new rules to
                                                  S.A. Buschman,
                                                                                                          Protection Agency (EPA), Region 8,                    Wyoming Department of Environmental
                                                  Rear Admiral, U.S. Coast Guard, Commander,                                                                    Quality General Rules of Practice and
                                                  Seventh Coast Guard District.                           1595 Wynkoop Street, Denver, Colorado
                                                                                                          80202–1129. The EPA requests that if at               Procedure, Chapter 1, General
                                                  [FR Doc. 2017–08257 Filed 4–24–17; 8:45 am]                                                                   Provisions, section 16 submitted on May
                                                                                                          all possible, you contact the individual
                                                  BILLING CODE 9110–04–P
                                                                                                          listed in the FOR FURTHER INFORMATION                 31, 2016, to satisfy requirements of
                                                                                                          CONTACT section to view the hard copy                 section 110(a)(2)(E)(ii), which pertains
                                                                                                          of the docket. You may view the hard                  to the state boards requirement under
                                                  ENVIRONMENTAL PROTECTION                                copy of the docket Monday through                     section 128 (Table 1).
                                                  AGENCY                                                  Friday, 8:00 a.m. to 4:00 p.m., excluding               A comprehensive summary of
                                                  40 CFR Part 52                                          federal holidays.                                     infrastructure elements and new rules
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      being approved into the Wyoming SIP
                                                  [EPA–R08–OAR–2012–0933; FRL–9958–35–                    Abby Fulton, Air Program, U.S.                        through this final rule action are
                                                  Region 8]                                               Environmental Protection Agency                       provided in Table 1 and Table 2.
                                                  Promulgation of State Implementation                    (EPA), Region 8, Mail Code 8P–AR,
                                                                                                                                                                   1 ‘‘Where an air agency determines that the
                                                  Plan Revisions; Infrastructure                          1595 Wynkoop Street, Denver, Colorado
                                                                                                                                                                provisions in or referred to by its existing EPA
                                                  Requirements for the 2008 Lead, 2008                    80202–1129, (303) 312–6563,
                                                                                                                                                                approved SIP are adequate with respect to a given
                                                  Ozone, 2010 NO2, 2010 SO2, and 2012                     fulton.abby@epa.gov.                                  infrastructure SIP element (or subelement) even in
                                                  PM2.5 National Ambient Air Quality                      SUPPLEMENTARY INFORMATION:                            light of the promulgation of a new or revised
                                                  Standards; Wyoming                                                                                            NAAQS, the air agency may make a SIP submission
                                                                                                          I. Background                                         in the form of a certification.’’ EPA’s ‘‘Guidance on
                                                  AGENCY:     Environmental Protection                       Infrastructure requirements for SIPs               Infrastructure State Implementation Plan (SIP)
                                                  Agency.                                                 are set forth in section 110(a)(1) and (2)            Elements under Clean Air Act Sections 110(a)(1)
                                                                                                                                                                and (2),’’ September 13, 2013, at 7.
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Document Created: 2017-04-25 02:18:23
Document Modified: 2017-04-25 02:18:23
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 May 25, 2017.
ContactIf you have questions on this rule, call or e- Mr. Michael Lieberum of the Coast Guard; telephone 305-415- 6744, email [email protected]
FR Citation82 FR 18990 
RIN Number1625-AA09

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