Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 18885 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD07–06–050] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Venetian Causeway (West) 

Drawbridge, Atlantic Intracoastal 

Waterway, Mile 1088.6, and Venetian 

Causeway (East) Drawbridge, Biscayne 

Bay, Miami, Miami-Dade County, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the operating regulations governing the 

Venetian Causeway (West) drawbridge, 

Atlantic Intracoastal Waterway, mile 

1088.6, and Venetian Causeway (East) 

drawbridge, Biscayne Bay, Miami, 

Miami-Dade County, Florida. This rule 

requires these drawbridges to open on 

signal, except that from 7 a.m. to 7 p.m., 

Monday through Friday, except Federal 

holidays the drawbridges will open on 

the hour and half-hour. This rule 

changes the Federal holiday dates and 

aligns them with all Federal holidays. 

DATES: This rule is effective May 16, 

2007. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket (CGD07–06–050) and are 

available for inspection or copying at 

Commander (dpb), Seventh Coast Guard 

District, 909 S.E. 1st Avenue, Room 432, 

Miami, Florida 33131–3050 between 8 

a.m. and 4:30 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Lieberum, Seventh Coast Guard 

District, Bridge Branch, telephone 

number 305–415–6744. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On October 3, 2006, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulations; Venetian Causeway (West) 

Drawbridge, Atlantic Intracoastal 

Waterway, Mile 1088.6, and Venetian 

Causeway (East) Drawbridge, Biscayne 

Bay, Miami, Miami-Dade County, FL in 

the Federal Register 71 FR 191. We 

received six comments on the proposed 

rule. No public meeting was requested, 

and none was held. 

Background and Purpose 

The existing regulation of the 

Venetian Causeway (West) Drawbridge, 

Atlantic Intracoastal Waterway mile 

1088.6, Miami, Miami-Dade County, 

Florida, requires the draw to open 

promptly and fully for the passage of 

vessels when a request to open is given. 

The existing regulation of the Venetian 

Causeway (East) Drawbridge, Biscayne 

Bay, Miami, Miami-Dade County, 

Florida, requires the draw to open on 

signal; except that from November 1 

through April 30 from 7:15 a.m. to 8:45 

a.m. and 4:45 p.m. to 6:15 p.m. Monday 

through Friday, the draw need not be 

opened. However, the draws shall open 

at 7:45 a.m., 8:15 a.m., 5:15 p.m., and 

5:45 p.m. if any vessels are waiting to 

pass. The draw shall open on signal on 

Thanksgiving Day, Christmas Day, New 

Year’s Day and Washington’s Birthday. 

The draw shall open at any time for 

public vessels of the United States, tugs 

with tows, regularly scheduled cruise 

vessels, and vessels in distress. 

The residents of Venetian Causeway 

requested the regulations of both 

drawbridges (East and West) be changed 

to allow for a 30-minute opening 

schedule from 7 a.m. to 7 p.m., Monday 

through Friday, except Federal holidays 

in order to relieve vehicular traffic 

delays. 

On April 3, 2006, we published a test 

deviation entitled Drawbridge Operation 

Regulations; Venetian Causeway (West) 

drawbridge, Atlantic Intracoastal 

Waterway mile 1088.6, and Venetian 

Causeway (East) drawbridge, Biscayne 

Bay, Miami, Miami-Dade County, 

Florida in the Federal Register 71 FR 

16492. We received eight comments all 

in favor of the test deviation. 

On October 3, 2006, we published a 

notice of proposed rulemaking (NPRM) 

in the Federal Register 71 FR 191. We 

received six comments on the proposed 

rule. 

The current holiday listings for the 

Venetian Causeway (East) bridge have 

created confusion because they do not 

follow the Federal holiday schedule. 

This rule will align the Venetian 

Causeway (East) bridge to the Federal 

holiday schedule and eliminate the 

confusion. 

Discussion of Comments and Changes 

The Coast Guard received six 

responses to the notice of proposed 

rulemaking (NPRM). Five comments 

were for the proposed rule and one 

comment against the proposed rule. 

The comment against the proposed 

rule stated that the East Venetian 

Drawbridge is too low and the half-hour 

schedule would cause an unreasonable 

restriction during the day. 

The Coast Guard considered this 

comment and determined that the halfhour opening schedule will not cause an 

unreasonable delay as vessels will be 

able to time their transits during these 

opening periods. 

No changes were made to the Final 

Rule. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

Although bridge openings will be less 

frequent, vessel traffic will still be able 

to transit the Intracoastal Waterway in 

the vicinity of the Venetian Causeway 

(East and West) bridges pursuant to the 

revised opening schedule. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule would affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels needed to transit the Intracoastal 

Waterway and Biscayne Bay in the 

vicinity of the Venetian Causeway (East 

and West) bridges, persons intending to 

drive over the bridges, and nearby 

business owners. The revision to the 

openings schedule would not have a 

significant impact on a substantial 

number of small entities. Vehicle traffic 

and small business owners in the area 

might benefit from the improved traffic 

flow that regularly scheduled openings 

will offer this area. Although bridge 

openings will be less frequent, vessel 

traffic will still be able to transit the 

Intracoastal Waterway in the vicinity of 

the Venetian Causeway (East and West) 

bridges pursuant to the revised opening 

schedule. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 


cprice-sewell on PROD1PC66 with RULES
18886 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. 

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 the rule or any policy or action of 

the Coast Guard. 

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). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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 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. 

Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

and Department of Homeland Security 

Management Directive 5100.1, which 

guides the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321–

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction, from further 

environmental documentation. Under 

figure 2–1, paragraph (32)(e), of the 

Instruction, an ‘‘Environmental Analysis 

Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); § 117.255 also issued under 

the authority of Pub. L. 102–587, 106 Stat. 

5039. 

■ 2. In § 117.261 revise paragraphs (nn) 

through (pp) to read as follows: 

§ 117.287 Atlantic Intracoastal Waterway 

from St. Marys River to Key Largo. 

* * * * * 

(nn) The Venetian Causeway Bridge 

(West), mile 1088.6, shall open on 

signal, except that from 7 a.m. to 7 p.m., 

Monday through Friday, except Federal 

holidays, the bridge need only open on 

the hour and half-hour. 

(oo) through (pp) [Reserved.] 

* * * * * 

■ 3. Revise § 117.269 to read as follows: 

§ 117.269 Biscayne Bay. 

The Venetian Causeway Bridge (East) 

shall open on signal, except that from 7 

a.m. to 7 p.m., Monday through Friday, 

except Federal holidays, the bridge need 

only open on the hour and half-hour. 

Dated: March 19, 2007. 

James Watson, 

Captain, U.S.C.G., USCG District Seven 

Commander, Acting. 

[FR Doc. E7–7157 Filed 4–13–07; 8:45 am] 

BILLING CODE 4910–15–P 


cprice-sewell on PROD1PC66 with RULES