82_FR_42071 82 FR 41901 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway and Biscayne Bay, Miami, FL

82 FR 41901 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway and Biscayne Bay, Miami, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 170 (September 5, 2017)

Page Range41901-41903
FR Document2017-18711

The Coast Guard proposes modifying the operating schedule that governs the Venetian Causeway Bridge (West) across the Atlantic Intracoastal Waterway mile 1088.6, Miami, FL and the operating schedule that governs the Venetian Causeway Bridge (East) across Biscayne Bay, Miami, FL. This action will extend the twice an hour opening schedule of the Venetian Causeway Bridges (East and West) across Miami Beach Channel and Atlantic Intracoastal Waterway, Miami, FL between 7 a.m. and 7 p.m., to include weekends and Federal holidays. This action is intended to reduce vehicular traffic caused by these bridges opening on demand on weekends

Federal Register, Volume 82 Issue 170 (Tuesday, September 5, 2017)
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Proposed Rules]
[Pages 41901-41903]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18711]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82 , No. 170 / Tuesday, September 5, 2017 / 
Proposed Rules

[[Page 41901]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0068]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway 
and Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes modifying the operating schedule that 
governs the Venetian Causeway Bridge (West) across the Atlantic 
Intracoastal Waterway mile 1088.6, Miami, FL and the operating schedule 
that governs the Venetian Causeway Bridge (East) across Biscayne Bay, 
Miami, FL. This action will extend the twice an hour opening schedule 
of the Venetian Causeway Bridges (East and West) across Miami Beach 
Channel and Atlantic Intracoastal Waterway, Miami, FL between 7 a.m. 
and 7 p.m., to include weekends and Federal holidays. This action is 
intended to reduce vehicular traffic caused by these bridges opening on 
demand on weekends

DATES: Comments and related material must reach the Coast Guard on or 
before: October 5, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0068 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Eddie Lawrence of the Coast Guard Bridge 
Branch; telephone 305-415-6946, 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
AICW Atlantic Intracoastal Waterway
FDOT Florida Department of Transportation

II. Background, Purpose and Legal Basis

    The Venetian Causeway Bridges (East and West) currently open on 
signal, except that between 7 a.m. and 7 p.m., Monday through Friday 
except Federal holidays these bridges open twice an hour, pursuant to 
33 CFR 117.269 and 33 CFR 117.261. Miami-Dade County, the bridge owner, 
and the Cities of Miami and Miami Beach have requested a change to the 
current operating schedule for both bridges to allow for scheduled 
openings twice an hour to include weekends as there has been an 
increase in both vehicle traffic and vessel traffic during these 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.
    The Venetian Causeway Bridge (East) across Miami Beach Channel, 
Miami, FL has a vertical clearance of 5 feet at MHW in the closed to 
navigation position and a horizontal clearance of 57 feet between 
fenders.
    The Venetian Causeway Bridge (West) across the Atlantic 
Intracoastal Waterway mile 1088.6, Miami, FL has a vertical clearance 
of 12 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. Under this 
proposed regulation, the draw of the Venetian Causeway Bridge (West), 
at Miami, Florida would open twice an hour, once on the hour and once 
on the half-hour, between the hours of 7 a.m. and 7 p.m.
    The Coast Guard proposes to amend 33 CFR 117.269. Under this 
proposed regulation, the draw of the Venetian Causeway Bridge (East) 
would open twice an hour, once on the hour and once on the half-hour, 
between the hours of 7 a.m. and 7 p.m.
    This change will still allow vessels to pass through the bridge 
while taking into account the reasonable needs of other modes of 
transportation. Emergency vessels and tugs with tows can still request 
openings at any time.

IV. Regulatory Analyses

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

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the continued 
ability for vessels to transit the bridge during the twice-an-hour 
opening schedule. Vessels in distress, Public vessels of the United 
States and tugs with tows must be passed at any time.

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

[[Page 41902]]

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 (Pub. L. 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, 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 Executive Order 
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.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this proposed 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, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be 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.

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, revise paragraph (nn) to read as follows:


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

* * * * *
    (nn) Venetian Causeway Bridge (West). The draw of the Venetian 
Causeway Bridge (West) mile 1088.6, at Miami, Florida will open on 
signal, except that from 7 a.m. to 7 p.m. daily, including Federal 
holidays, the draw need only open on the hour and half hour.
* * * * *
0
3. Revise Sec.  117.269 to read as follows:


Sec.  117.269  Biscayne Bay.

    The draw of the Venetian Causeway bridge (East), at Miami, Florida 
will open on signal, except that from 7 a.m. to 7 p.m. daily, including 
Federal holidays, the draw need only open on the hour and half hour.


[[Page 41903]]


    Dated: August 22, 2017.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-18711 Filed 9-1-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                                                                                                                                                     41901

                                                    Proposed Rules                                                                                                Federal Register
                                                                                                                                                                  Vol. 82, No. 170

                                                                                                                                                                  Tuesday, September 5, 2017



                                                    This section of the FEDERAL REGISTER                    I. Table of Abbreviations                               This change will still allow vessels to
                                                    contains notices to the public of the proposed
                                                                                                            CFR Code of Federal Regulations
                                                                                                                                                                  pass through the bridge while taking
                                                    issuance of rules and regulations. The                                                                        into account the reasonable needs of
                                                                                                            DHS Department of Homeland Security
                                                    purpose of these notices is to give interested                                                                other modes of transportation.
                                                                                                            FR Federal Register
                                                    persons an opportunity to participate in the                                                                  Emergency vessels and tugs with tows
                                                                                                            NPRM Notice of proposed rulemaking
                                                    rule making prior to the adoption of the final
                                                                                                            Pub. L. Public Law                                    can still request openings at any time.
                                                    rules.
                                                                                                            § Section
                                                                                                            U.S.C. United States Code                             IV. Regulatory Analyses
                                                                                                            AICW Atlantic Intracoastal Waterway                     We developed this proposed rule after
                                                    DEPARTMENT OF HOMELAND                                  FDOT Florida Department of                            considering numerous statutes and
                                                    SECURITY                                                  Transportation                                      Executive Orders related to rulemaking.
                                                    Coast Guard                                             II. Background, Purpose and Legal                     Below, we summarize our analyses
                                                                                                            Basis                                                 based on these statutes and Executive
                                                    33 CFR Part 117                                                                                               Orders and we discuss First
                                                                                                               The Venetian Causeway Bridges (East                Amendment rights of protestors.
                                                    [Docket No. USCG–2017–0068]                             and West) currently open on signal,
                                                                                                            except that between 7 a.m. and 7 p.m.,                A. Regulatory Planning and Review
                                                    RIN 1625–AA09
                                                                                                            Monday through Friday except Federal                     Executive Orders 12866 and 13563
                                                    Drawbridge Operation Regulation;                        holidays these bridges open twice an                  direct agencies to assess the costs and
                                                    Atlantic Intracoastal Waterway and                      hour, pursuant to 33 CFR 117.269 and                  benefits of available regulatory
                                                    Biscayne Bay, Miami, FL                                 33 CFR 117.261. Miami-Dade County,                    alternatives and, if regulation is
                                                                                                            the bridge owner, and the Cities of                   necessary, to select regulatory
                                                    AGENCY:   Coast Guard, DHS.                             Miami and Miami Beach have requested                  approaches that maximize net benefits.
                                                    ACTION:   Notice of proposed rulemaking.                a change to the current operating                     Executive Order 13771 directs agencies
                                                                                                            schedule for both bridges to allow for                to control regulatory costs through a
                                                    SUMMARY:   The Coast Guard proposes                     scheduled openings twice an hour to                   budgeting process. This NPRM has not
                                                    modifying the operating schedule that                   include weekends as there has been an                 been designated a ‘‘significant
                                                    governs the Venetian Causeway Bridge                    increase in both vehicle traffic and                  regulatory action,’’ under Executive
                                                    (West) across the Atlantic Intracoastal                 vessel traffic during these times. Bridge             Order 12866. Accordingly, the NPRM
                                                    Waterway mile 1088.6, Miami, FL and                     logs indicate these bridges open up to                has not been reviewed by the Office of
                                                    the operating schedule that governs the                 four times an hour or more during peak                Management and Budget (OMB) and
                                                    Venetian Causeway Bridge (East) across                  travel times, which results in frequent               pursuant to OMB guidance it is exempt
                                                    Biscayne Bay, Miami, FL. This action                    vehicular traffic disruptions.                        from the requirements of Executive
                                                    will extend the twice an hour opening                                                                         Order 13771.
                                                    schedule of the Venetian Causeway                          The Venetian Causeway Bridge (East)
                                                                                                            across Miami Beach Channel, Miami, FL                    This regulatory action determination
                                                    Bridges (East and West) across Miami                                                                          is based on the continued ability for
                                                    Beach Channel and Atlantic Intracoastal                 has a vertical clearance of 5 feet at
                                                                                                            MHW in the closed to navigation                       vessels to transit the bridge during the
                                                    Waterway, Miami, FL between 7 a.m.                                                                            twice-an-hour opening schedule.
                                                    and 7 p.m., to include weekends and                     position and a horizontal clearance of
                                                                                                            57 feet between fenders.                              Vessels in distress, Public vessels of the
                                                    Federal holidays. This action is                                                                              United States and tugs with tows must
                                                    intended to reduce vehicular traffic                       The Venetian Causeway Bridge (West)
                                                                                                                                                                  be passed at any time.
                                                    caused by these bridges opening on                      across the Atlantic Intracoastal
                                                    demand on weekends                                      Waterway mile 1088.6, Miami, FL has a                 B. Impact on Small Entities
                                                                                                            vertical clearance of 12 feet at MHW in                  The Regulatory Flexibility Act of 1980
                                                    DATES: Comments and related material
                                                                                                            the closed to navigation position and a               (RFA), 5 U.S.C. 601–612, as amended,
                                                    must reach the Coast Guard on or
                                                                                                            horizontal clearance of 90 feet between               requires federal agencies to consider the
                                                    before: October 5, 2017.
                                                                                                            fenders.                                              potential impact of regulations on small
                                                    ADDRESSES: You may submit comments
                                                    identified by docket number USCG–                       III. Discussion of Proposed Rule                      entities during rulemaking. The term
                                                    2017–0068 using Federal eRulemaking                                                                           ‘‘small entities’’ comprises small
                                                                                                              The Coast Guard proposes to amend                   businesses, not-for-profit organizations
                                                    Portal at http://www.regulations.gov.                   33 CFR 117.261. Under this proposed
                                                      See the ‘‘Public Participation and                                                                          that are independently owned and
                                                                                                            regulation, the draw of the Venetian                  operated and are not dominant in their
                                                    Request for Comments’’ portion of the                   Causeway Bridge (West), at Miami,
                                                    SUPPLEMENTARY INFORMATION section                                                                             fields, and governmental jurisdictions
                                                                                                            Florida would open twice an hour, once                with populations of less than 50,000.
                                                    below for instructions on submitting                    on the hour and once on the half-hour,                The Coast Guard certifies under 5 U.S.C.
mstockstill on DSK30JT082PROD with PROPOSALS




                                                    comments.                                               between the hours of 7 a.m. and 7 p.m.                605(b) that this proposed rule would not
                                                    FOR FURTHER INFORMATION CONTACT:    If                    The Coast Guard proposes to amend                   have a significant economic impact on
                                                    you have questions on this proposed                     33 CFR 117.269. Under this proposed                   a substantial number of small entities.
                                                    rule, call or email Mr. Eddie Lawrence                  regulation, the draw of the Venetian                     While some owners or operators of
                                                    of the Coast Guard Bridge Branch;                       Causeway Bridge (East) would open                     vessels intending to transit the bridge
                                                    telephone 305–415–6946, email                           twice an hour, once on the hour and                   may be small entities, for the reasons
                                                    Eddie.H.Lawrence@uscg.mil.                              once on the half-hour, between the                    stated in section IV.A above, this
                                                    SUPPLEMENTARY INFORMATION:                              hours of 7 a.m. and 7 p.m.                            proposed rule would not have a


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                                                    41902                Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Proposed Rules

                                                    significant economic impact on any                      E. Unfunded Mandates Reform Act                       applies, and provide a reason for each
                                                    vessel owner or operator.                                 The Unfunded Mandates Reform Act                    suggestion or recommendation.
                                                       If you think that your business,                     of 1995 (2 U.S.C. 1531–1538) requires                    We encourage you to submit
                                                    organization, or governmental                           Federal agencies to assess the effects of             comments through the Federal
                                                    jurisdiction qualifies as a small entity                their discretionary regulatory actions. In            eRulemaking Portal at http://
                                                    and that this rule would have a                         particular, the Act addresses actions                 www.regulations.gov. If your material
                                                    significant economic impact on it,                      that may result in the expenditure by a               cannot be submitted using http://
                                                    please submit a comment (see                            State, local, or tribal government, in the            www.regulations.gov, contact the person
                                                    ADDRESSES) explaining why you think it                  aggregate, or by the private sector of                in the FOR FURTHER INFORMATION
                                                                                                                                                                  CONTACT section of this document for
                                                    qualifies and how and to what degree                    $100,000,000 (adjusted for inflation) or
                                                                                                            more in any one year. Though this                     alternate instructions.
                                                    this rule would economically affect it.
                                                                                                            proposed rule will not result in such an                 We accept anonymous comments. All
                                                       Under section 213(a) of the Small                                                                          comments received will be posted
                                                    Business Regulatory Enforcement                         expenditure, we do discuss the effects of
                                                                                                            this proposed rule elsewhere in this                  without change to http://
                                                    Fairness Act of 1996 (Pub. L. 104–121),                                                                       www.regulations.gov and will include
                                                    we want to assist small entities in                     preamble.
                                                                                                                                                                  any personal information you have
                                                    understanding this proposed rule. If the                F. Environment                                        provided. For more about privacy and
                                                    rule would affect your small business,                                                                        the docket, visit http://www.regulations.
                                                                                                              We have analyzed this proposed rule
                                                    organization, or governmental                                                                                 gov/privacynotice.
                                                                                                            under Department of Homeland
                                                    jurisdiction and you have questions                                                                              Documents mentioned in this NPRM
                                                                                                            Security Management Directive 023–01
                                                    concerning its provisions or options for                                                                      as being available in this docket and all
                                                                                                            and Commandant Instruction
                                                    compliance, please contact the person                   M16475.lD, which guides the Coast                     public comments, will be in our online
                                                    listed in the FOR FURTHER INFORMATION                   Guard in complying with the National                  docket at http://www.regulations.gov
                                                    CONTACT, above. The Coast Guard will                                                                          and can be viewed by following that
                                                                                                            Environmental Policy Act of 1969
                                                    not retaliate against small entities that               (NEPA)(42 U.S.C. 4321–4370f), and                     Web site’s instructions. Additionally, if
                                                    question or complain about this                         have made a preliminary determination                 you go to the online docket and sign up
                                                    proposed rule or any policy or action of                that this action is one of a category of              for email alerts, you will be notified
                                                    the Coast Guard.                                        actions which do not individually or                  when comments are posted or a final
                                                                                                            cumulatively have a significant effect on             rule is published.
                                                    C. Collection of Information
                                                                                                            the human environment. This proposed                  List of Subjects in 33 CFR Part 117
                                                      This proposed rule would call for no                  rule simply promulgates the operating
                                                    new collection of information under the                 regulations or procedures for                           Bridges.
                                                    Paperwork Reduction Act of 1995 (44                     drawbridges. Normally such actions are                  For the reasons discussed in the
                                                    U.S.C. 3501–3520.).                                     categorically excluded from further                   preamble, the Coast Guard proposes to
                                                                                                            review, under figure 2–1, paragraph                   amend 33 CFR part 117 as follows:
                                                    D. Federalism and Indian Tribal
                                                                                                            (32)(e), of the Instruction.
                                                    Government                                                                                                    PART 117—DRAWBRIDGE
                                                                                                              A preliminary Record of
                                                                                                            Environmental Consideration and a                     OPERATION REGULATIONS
                                                       A rule has implications for federalism
                                                    under Executive Order 13132,                            Memorandum for the Record are not
                                                                                                                                                                  ■ 1. The authority citation for Part 117
                                                    Federalism, if it has a substantial direct              required for this proposed rule. We seek
                                                                                                                                                                  continues to read as follows:
                                                    effect on the States, on the relationship               any comments or information that may
                                                                                                            lead to the discovery of a significant                  Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                    between the national government and                                                                           Department of Homeland Security Delegation
                                                    the States, or on the distribution of                   environmental impact from this
                                                                                                            proposed rule.                                        No. 0170.1.
                                                    power and responsibilities among the
                                                    various levels of government. We have                   G. Protest Activities                                 ■ 2. In § 117.261, revise paragraph (nn)
                                                    analyzed this proposed rule under that                                                                        to read as follows:
                                                    Order and have determined that it is                      The Coast Guard respects the First
                                                                                                            Amendment rights of protesters.                       § 117.261 Atlantic Intracoastal Waterway
                                                    consistent with the fundamental                                                                               from St. Marys River to Key Largo.
                                                    federalism principles and preemption                    Protesters are asked to contact the
                                                                                                            person listed in the FOR FURTHER                      *     *    *     *     *
                                                    requirements described in Executive                                                                             (nn) Venetian Causeway Bridge
                                                                                                            INFORMATION CONTACT section to
                                                    Order 13132.                                                                                                  (West). The draw of the Venetian
                                                                                                            coordinate protest activities so that your
                                                       Also, this proposed rule does not have               message can be received without                       Causeway Bridge (West) mile 1088.6, at
                                                    tribal implications under Executive                     jeopardizing the safety or security of                Miami, Florida will open on signal,
                                                    Order 13175, Consultation and                           people, places or vessels.                            except that from 7 a.m. to 7 p.m. daily,
                                                    Coordination with Indian Tribal                                                                               including Federal holidays, the draw
                                                    Governments, because it would not have                  V. Public Participation and Request for               need only open on the hour and half
                                                    a substantial direct effect on one or                   Comments                                              hour.
                                                    more Indian tribes, on the relationship                   We view public participation as                     *     *    *     *     *
                                                    between the Federal Government and                      essential to effective rulemaking, and                ■ 3. Revise § 117.269 to read as follows:
mstockstill on DSK30JT082PROD with PROPOSALS




                                                    Indian tribes, or on the distribution of                will consider all comments and material
                                                    power and responsibilities between the                  received during the comment period.                   § 117.269    Biscayne Bay.
                                                    Federal Government and Indian tribes.                   Your comment can help shape the                         The draw of the Venetian Causeway
                                                    If you believe this proposed rule has                   outcome of this rulemaking. If you                    bridge (East), at Miami, Florida will
                                                    implications for federalism or Indian                   submit a comment, please include the                  open on signal, except that from 7 a.m.
                                                    tribes, please contact the person listed                docket number for this rulemaking,                    to 7 p.m. daily, including Federal
                                                    in the FOR FURTHER INFORMATION                          indicate the specific section of this                 holidays, the draw need only open on
                                                    CONTACT section above.                                  document to which each comment                        the hour and half hour.


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                                                                         Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Proposed Rules                                              41903

                                                      Dated: August 22, 2017.                               responses to certain state designation                received to our public docket. Do not
                                                    Peter J. Brown,                                         recommendations for the 2010 Sulfur                   submit electronically any information
                                                    Rear Admiral, U.S. Coast Guard, Commander,              Dioxide (SO2) Primary National                        you consider to be Confidential
                                                    Seventh Coast Guard District.                           Ambient Air Quality Standard                          Business Information (CBI) or other
                                                    [FR Doc. 2017–18711 Filed 9–1–17; 8:45 am]              (NAAQS). These responses include our                  information whose disclosure is
                                                    BILLING CODE 9110–04–P                                  intended designations for the affected                restricted by statute. Multimedia
                                                                                                            areas. The EPA invites the public to                  submissions (audio, video, etc.) must be
                                                                                                            review and provide input on our                       accompanied by a written comment.
                                                    ENVIRONMENTAL PROTECTION                                intended designations during the                      The written comment is considered the
                                                    AGENCY                                                  comment period specified in the DATES                 official comment and should include
                                                                                                            section. The EPA sent our responses                   discussion of all points you wish to
                                                    40 CFR Part 81                                          directly to the states on or about August             make. The EPA will generally not
                                                                                                            22, 2017. The EPA intends to make final               consider comments or comment
                                                    [EPA–HQ–OAR–2017–0003; FRL–9967–11–
                                                    OAR]
                                                                                                            designation determinations for the areas              contents located outside of the primary
                                                                                                            of the country addressed by these                     submission (i.e., on the Web, Cloud, or
                                                    EPA Responses to Certain State                          responses no later than December 31,                  other file sharing system). For
                                                    Designation Recommendations for the                     2017.                                                 additional submission methods, the full
                                                    2010 Sulfur Dioxide Primary National                    DATES:  Comments must be received on                  EPA public comment policy,
                                                    Ambient Air Quality Standard:                           or before October 5, 2017. Please refer               information about CBI or multimedia
                                                    Notification of Availability and Public                 to SUPPLEMENTARY INFORMATION for                      submissions, and general guidance on
                                                    Comment Period                                          additional information on the comment                 making effective comments, please visit
                                                                                                            period.                                               https://www2.epa.gov/dockets/
                                                    AGENCY:  Environmental Protection                                                                             commenting-epa-dockets.
                                                    Agency (EPA).                                           ADDRESSES: Submit your comments,
                                                    ACTION: Notification of availability and                identified by Docket ID No. EPA–HQ–                      The public may inspect the
                                                    public comment period.                                  OAR–2017–0003, at http://                             recommendations from the states and
                                                                                                            www.regulations.gov. Follow the online                territories, our recent letters notifying
                                                    SUMMARY:   Notice is hereby given that                  instructions for submitting comments.                 the affected states, territories, and tribes
                                                    the Environmental Protection Agency                     Once submitted, comments cannot be                    of our intended designations, and area-
                                                    (EPA) has posted on our public                          edited or removed from regulations.gov.               specific technical support information
                                                    electronic docket and Internet Web site                 The EPA may publish any comment                       at the following locations:

                                                                                   Regional offices                                                                        States

                                                    Dave Conroy, Chief, Air Programs Branch, EPA New England, 1 Con-                     Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
                                                      gress Street, Suite 1100, Boston, MA 02114–2023, (617) 918–1661.                     and Vermont.
                                                    Richard Ruvo, Chief, Air Programs Branch, EPA Region II, 290 Broad-                  New Jersey, New York, Puerto Rico, and Virgin Islands.
                                                      way, 25th Floor, New York, NY 10007–1866, (212) 637–4014.
                                                    Cynthia H. Stahl, Acting Associate Director, Office of Air Program Plan-             Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and
                                                      ning, EPA Region III, 1650 Arch Street, Philadelphia, PA 19103–                      West Virginia.
                                                      2187, (215) 814–2180.
                                                    R. Scott Davis, Chief, Air Planning Branch, EPA Region IV, Sam Nunn                  Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
                                                      Atlanta Federal Center, 61 Forsyth Street SW., 12th Floor, Atlanta,                  South Carolina, and Tennessee.
                                                      GA 30303, (404) 562–9127.
                                                    John Mooney, Chief, Air Programs Branch, EPA Region V, 77 West                       Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.
                                                      Jackson Street, Chicago, IL 60604, (312) 886–6043.
                                                    Alan Shar, Acting Chief, Air Planning Section, EPA Region VI, 1445                   Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
                                                      Ross Avenue, Dallas, TX 75202, (214) 665–6691.
                                                    Mike Jay, Chief, Air Programs Branch, EPA Region VII, 11201 Renner                   Iowa, Kansas, Missouri, and Nebraska.
                                                      Blvd., Lenexa, KS 66129, (913) 551–7460.
                                                    Monica Morales, Air Program Director, EPA Region VIII, 1595                          Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.
                                                      Wynkoop Street, Denver, CO 80202–1129, (303) 312–6936.
                                                    Doris Lo, Air Planning Office, EPA Region IX, 75 Hawthorne Street,                   American Samoa, Arizona, California, Guam, Hawaii, Nevada, Northern
                                                      San Francisco, CA 94105, (415) 972–3959.                                             Mariana Islands, Navajo Nation, and the Hopi Tribe.
                                                    Debra Suzuki, Manager, State and Tribal Air Programs, EPA Region X,                  Alaska, Idaho, Oregon, and Washington.
                                                      Office of Air, Waste, and Toxics, Mail Code OAQ–107, 1200 Sixth
                                                      Avenue, Seattle, WA 98101, (206) 553–0985.



                                                       The information can also be reviewed                 Standards, Air Quality Policy Division,                  Region II—Ken Fradkin, telephone
                                                    online at https://www.epa.gov/sulfur-                   C539–01, Research Triangle Park, NC                   (212) 637–3702, email at
                                                    dioxide-designations and also in the                    27709, telephone (919) 541–0253, email                fradkin.kenneth@epa.gov.
                                                    public docket for these SO2 designations                at etchells.elizabeth@epa.gov. The                       Region III—Ruth Knapp, telephone
mstockstill on DSK30JT082PROD with PROPOSALS




                                                    at https://www.regulations.gov under                    following EPA contacts can answer                     (215) 814–2191, email at knapp.ruth@
                                                    Docket ID No. EPA–HQ–OAR–2017–                          questions regarding areas in a particular             epa.gov.
                                                    0003.                                                   EPA Regional office:                                     Region IV—Twunjala Bradley,
                                                                                                                                                                  telephone (404) 562–9352, email at
                                                    FOR FURTHER INFORMATION CONTACT:      For               U.S. EPA Regional Office Contacts                     bradley.twunjala@epa.gov.
                                                    general questions concerning this                         Region I—Leiran Biton, telephone                       Region V—John Summerhays,
                                                    action, please contact Liz Etchells, U.S.               (617) 918–1267, email at biton.leiran@                telephone (312) 886–6067, email at
                                                    EPA, Office of Air Quality Planning and                 epa.gov.                                              summerhays.john@epa.gov.


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Document Created: 2017-09-02 03:25:17
Document Modified: 2017-09-02 03:25:17
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: October 5, 2017.
ContactIf you have questions on this proposed rule, call or email Mr. Eddie Lawrence of the Coast Guard Bridge Branch; telephone 305-415-6946, email [email protected]
FR Citation82 FR 41901 
RIN Number1625-AA09

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