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.

Proposed Rules Federal Register

41901 

Vol. 82, No. 170 

Tuesday, September 5, 2017 

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 

Eddie.H.Lawrence@uscg.mil. 

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 

§ 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 

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

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 

■ 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. 

■ 2. In § 117.261, revise paragraph (nn) 

to read as follows: 

§ 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. 

* * * * * 

■ 3. Revise § 117.269 to read as follows: 

§ 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. 

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

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2017–0003; FRL–9967–11– 

OAR] 

EPA Responses to Certain State 

Designation Recommendations for the 

2010 Sulfur Dioxide Primary National 

Ambient Air Quality Standard: 

Notification of Availability and Public 

Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of availability and 

public comment period. 

SUMMARY: Notice is hereby given that 

the Environmental Protection Agency 

(EPA) has posted on our public 

electronic docket and Internet Web site 

responses to certain state designation 

recommendations for the 2010 Sulfur 

Dioxide (SO2) Primary National 

Ambient Air Quality Standard 

(NAAQS). These responses include our 

intended designations for the affected 

areas. The EPA invites the public to 

review and provide input on our 

intended designations during the 

comment period specified in the DATES

section. The EPA sent our responses 

directly to the states on or about August 

22, 2017. The EPA intends to make final 

designation determinations for the areas 

of the country addressed by these 

responses no later than December 31, 

2017. 

DATES: Comments must be received on 

or before October 5, 2017. Please refer 

to SUPPLEMENTARY INFORMATION for 

additional information on the comment 

period. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2017–0003, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from regulations.gov. 

The EPA may publish any comment 

received to our public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the Web, Cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

The public may inspect the 

recommendations from the states and 

territories, our recent letters notifying 

the affected states, territories, and tribes 

of our intended designations, and areaspecific technical support information 

at the following locations: 

Regional offices States 

Dave Conroy, Chief, Air Programs Branch, EPA New England, 1 Congress Street, Suite 1100, Boston, MA 02114–2023, (617) 918–1661.Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 

and Vermont. 

Richard Ruvo, Chief, Air Programs Branch, EPA Region II, 290 Broadway, 25th Floor, New York, NY 10007–1866, (212) 637–4014.New Jersey, New York, Puerto Rico, and Virgin Islands. 

Cynthia H. Stahl, Acting Associate Director, Office of Air Program Planning, EPA Region III, 1650 Arch Street, Philadelphia, PA 19103– 

2187, (215) 814–2180.

Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and 

West Virginia. 

R. Scott Davis, Chief, Air Planning Branch, EPA Region IV, Sam Nunn 

Atlanta Federal Center, 61 Forsyth Street SW., 12th Floor, Atlanta, 

GA 30303, (404) 562–9127.

Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, 

South Carolina, and Tennessee. 

John Mooney, Chief, Air Programs Branch, EPA Region V, 77 West 

Jackson Street, Chicago, IL 60604, (312) 886–6043.

Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. 

Alan Shar, Acting Chief, Air Planning Section, EPA Region VI, 1445 

Ross Avenue, Dallas, TX 75202, (214) 665–6691.

Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. 

Mike Jay, Chief, Air Programs Branch, EPA Region VII, 11201 Renner 

Blvd., Lenexa, KS 66129, (913) 551–7460.

Iowa, Kansas, Missouri, and Nebraska. 

Monica Morales, Air Program Director, EPA Region VIII, 1595 

Wynkoop Street, Denver, CO 80202–1129, (303) 312–6936.

Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. 

Doris Lo, Air Planning Office, EPA Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105, (415) 972–3959.

American Samoa, Arizona, California, Guam, Hawaii, Nevada, Northern 

Mariana Islands, Navajo Nation, and the Hopi Tribe. 

Debra Suzuki, Manager, State and Tribal Air Programs, EPA Region X, 

Office of Air, Waste, and Toxics, Mail Code OAQ–107, 1200 Sixth 

Avenue, Seattle, WA 98101, (206) 553–0985.

Alaska, Idaho, Oregon, and Washington. 

The information can also be reviewed 

online at https://www.epa.gov/sulfurdioxide-designations and also in the 

public docket for these SO2 designations 

at https://www.regulations.gov under 

Docket ID No. EPA–HQ–OAR–2017– 

0003. 

FOR FURTHER INFORMATION CONTACT: For 

general questions concerning this 

action, please contact Liz Etchells, U.S. 

EPA, Office of Air Quality Planning and 

Standards, Air Quality Policy Division, 

C539–01, Research Triangle Park, NC 

27709, telephone (919) 541–0253, email 

at etchells.elizabeth@epa.gov. The 

following EPA contacts can answer 

questions regarding areas in a particular 

EPA Regional office: 

U.S. EPA Regional Office Contacts 

Region I—Leiran Biton, telephone 

(617) 918–1267, email at biton.leiran@

epa.gov. 

Region II—Ken Fradkin, telephone 

(212) 637–3702, email at 

fradkin.kenneth@epa.gov. 

Region III—Ruth Knapp, telephone 

(215) 814–2191, email at knapp.ruth@

epa.gov. 

Region IV—Twunjala Bradley, 

telephone (404) 562–9352, email at 

bradley.twunjala@epa.gov. 

Region V—John Summerhays, 

telephone (312) 886–6067, email at 

summerhays.john@epa.gov. 

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