[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Rules and Regulations]
[Pages 28716-28718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10922]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
Docket No. USCG-2015-0046
RIN 1625-AA09
Drawbridge Operation Regulation; Snake Creek; Islamorada, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Snake Creek Bridge across Snake Creek, at Islamorada, FL.
This final rule changes the drawbridge operating schedule for the Snake
Creek Bridge by requiring it to open once an hour between 7 a.m. and 6
p.m. The Bridge Owner, Florida Department of Transportation and Local
officials requested this action to assist in reducing vehicle traffic
backups caused by bridge openings.
DATES: This rule is effective June 9, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type ``USCG-
2015-0046'' in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Coast Guard Sector Key West Waterways Management
Division; telephone 305-292-8772, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Snake Creek Bridge in Islamorada, Florida, has a vertical
clearance of 27 feet in the closed position. The normal operating
schedule as published in 33 CFR 117.331 is on demand except that from 8
a.m. to 4 p.m., the draw need open only on the hour and half-hour. This
schedule has been in effect since 2001.
On March 27, 2015, we published a test deviation entitled
Drawbridge Operation Regulations; Snake Creek; Islamorada, FL, in the
Federal Register (80 FR 16280). We received 63 comments on the test
deviation. No public meeting was requested, and none was held.
On September 18, 2015, we published a temporary interim rule and
request for comments entitled Drawbridge Operation Regulations; Snake
Creek; Islamorada, FL, in the Federal Register (80 FR 56381). We
received 98 comments on the temporary interim rule. No public meeting
was requested, and none was held.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
Based on the following input, the Coast Guard initiated a test of a
new schedule for the Snake Creek Bridge on May 27, 2015:
1. As reported by village and city councils, vehicle traffic caused
by frequent openings of the Snake Creek Bridge negatively impacted
Islamorada and surrounding communities. The temporary deviation
successfully tested a new bridge operation schedule that reduced
vehicle traffic caused by bridge openings.
2. On January 8-10, 2013, the Florida Department of Transportation
conducted a traffic monitoring study 1400 feet south of the Snake Creek
Bridge on US-1. The study found peak traffic volumes occurring around
08:45 a.m. and between 12:15 p.m. and 3:15 p.m. These peak traffic
times were used to determine when the Snake Creek Bridge opening
schedule could be limited to reduce traffic.
3. The Coast Guard's review found that the types of vessels
navigating Snake Creek include sport fishing vessels and catamaran
sailboats. Many of these vessels are able to safely transit under the
Bridge in the closed position.
IV. Discussion of Comments, Changes and the Final Rule
During the comment periods for the temporary deviation and the
temporary interim rule 161 comments were
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submitted to the docket. Sixty-three of those comment were received in
response to the temporary deviation published on March 27, 2015 (80 FR
16280) and ninety-eight comments were received in response to the
temporary interim rule published on September 18, 2015 (80 FR 56381).
One hundred and forty-four comments supported the amended operating
schedule applied during the test deviation and the interim rule which
allowed the Snake Creek Bridge to remain on a once an hour schedule
between 8 a.m. and 6 p.m. seven days a week and on demand at all other
times.
Six comments received opposed the amended operating schedule or
suggested a different schedule that was more restrictive than necessary
to accommodate vehicular traffic and did not accommodate the reasonable
needs of maritime navigation.
Two commenters requested that the start time be moved to 7 a.m. to
accommodate the school bus schedule. We agree that a schedule requiring
the Snake Creek Bridge to open once an hour starting at 7 a.m. would
assist with alleviating vehicular traffic and would not interfere with
the reasonable needs of maritime traffic. Therefore, this final rule
has been modified to begin the limited opening schedule at 7 a.m.
instead of 8 a.m.
One comment suggested that these regulations were not needed after
Labor Day. A review of the traffic logs shows that vehicle traffic does
not diminish significantly after Labor Day.
One comment suggested the bridge remain on a twice an hour schedule
except for weekends and Federal holidays. Based on a review of vehicle
traffic patterns, vehicle traffic is heavy throughout the daylight
hours and increases during weekends and Federal holidays. Reverting to
a 30 minute schedule on weekends and Federal Holidays would cause
excessive vehicle traffic which was the purpose of this change in
operating schedule. Therefore, this rule does not make an exception for
weekends and Federal Holidays.
Two comments suggested placing morning and afternoon curfew hours
on this bridge. Placing morning and afternoon navigation closure
periods on this bridge would have an overly restrictive impact on
commercial waterway users and would not meet the reasonable needs of
maritime traffic.
One comment suggested just three bridge openings a day. Allowing
this bridge to open just three times during daylight hours would also
have an overly restrictive impact on maritime traffic.
Four comments in the docket file were empty and provided no input.
These comments received during the interim rule comment period have
been used to adjust this schedule.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protesters.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives, and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This regulatory action determination is made because vessels may
navigate the Snake Creek Bridge during the scheduled opening times or
use alternate passages including Channel Five above Long Key, Florida,
which is approximately 5.7 nautical miles southwest of Snake Creek
Bridge. Channel Five above Long Key, Florida is a fixed US-1 Bridge
that has a vertical clearance of 65 feet. Also, vessels with adequate
clearance may also pass under Snake Creek Bridge while it is in the
closed position.
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 rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated above and in V.A.,
this rule will not have a significant economic impact on any vessel
owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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
[[Page 28718]]
particular, the Act addresses actions that may result in the
expenditure by a State, local, or tribal government, in the aggregate,
or by the private sector of $100,000,000 (adjusted for inflation) or
more in any one year. Though this rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
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 rule involves 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. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.331 to read as follows:
Sec. 117.331 Snake Creek.
The draw of the Snake Creek Bridge, at Islamorada, Florida, will
open on signal, except that from 7 a.m. to 6 p.m., the draw need open
only on the hour.
Dated: May 4, 2016.
S. A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2016-10922 Filed 5-9-16; 8:45 am]
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