[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Proposed Rules]
[Pages 18877-18879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08141]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0060]
RIN 1625-AA09
Drawbridge Operation Regulation; Banana River, Indian Harbour
Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Mathers Bridge across the Banana River, mile 0.5, in Indian
Harbour Beach, FL. Inconsistent bridge openings for vessels passing
through the bridge have been causing vehicle traffic backups on the
roads in and around the vicinity of the bridge. This action is
necessary to help reduce vehicle traffic congestion in this area. The
proposed rulemaking would only allow the bridge to open for vessels at
specific periods.
DATES: Comments and related material must reach the Coast Guard on or
before June 23, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0060 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section
[[Page 18878]]
below for instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Rod Elkins with the Seventh Coast Guard
District Bridge Office; telephone 305-415-6989, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
On January 12, 2017, the Brevard County Public Works Department
requested the Coast Guard consider allowing the bridge to not open for
vessels except every 30 minutes on the hour and half hour. The County
conducted traffic studies and reviewed bridge logs which showed the
change would alleviate vehicle traffic without adversely affecting
vessel traffic. The data supporting the request will be included in the
electronic docket for this proposed rulemaking.
Mathers Bridge across Banana River, mile 0.5, at Indian Harbour
Beach, FL is a swing bridge. It has a vertical clearance of 7 feet at
mean high water in the closed position and a horizontal clearance of 74
feet and 81 feet. Presently, in accordance with 33 CFR 117.263, the
Mathers Bridge is required to open on signal for the passage of vessels
except that, from 10 p.m. to 6 a.m. Monday through Friday except
Federal holidays, the draw shall open on signal if at least two hours
notice is given.
III. Discussion of Proposed Rule
The Coast Guard proposes to modify the operating schedule that
governs the Mathers Bridge across the Banana River, mile 0.5, in Indian
Harbour Beach, FL.
This proposed rule would implement regulations for the bridge to
only open for vessels requesting passage through the bridge on the hour
and half hour, from 6:00 a.m. to 10:00 p.m., on Sunday through
Thursday. On Fridays, Saturdays and all Federal Holidays, the bridge
will only open for vessels requesting passage through the bridge on the
hour and half hour. At all other times, the bridge shall open on signal
if at least two hours notice is given.
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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. 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.
The Coast Guard has determined that this NPRM is not a significant
regulatory action because of the minimal impact to vessels on the
waterway; as the bridge will have an opening every 30 minutes to allow
vessel traffic to pass. Additionally, vessels that can transit under
the bridge without an opening may do so.
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 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 rulemaking 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 rulemaking 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 proposed 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
[[Page 18879]]
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.
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. 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, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this proposed rule, and all public comments,
are 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. Amend Sec. 117.263 by revising paragraph (a) to read as follows:
Sec. 117.263 Banana River
(a) The draw of the Mathers Bridge, mile 0.5, at Indian Harbour
Beach, will operate in accordance with the following schedule:
(1) Sundays through Thursdays, between 6 a.m. and 10 p.m., the draw
will open on signal, on the hour and on the half hour.
(2) Fridays, Saturdays, and Federal holidays, 24 hours a day, the
draw will open on signal, on the hour and on the half hour.
(3) At all other times, the bridge shall open on signal if at least
two hours notice is given.
* * * * *
Dated: April 7, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard.
[FR Doc. 2017-08141 Filed 4-21-17; 8:45 am]
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