[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Proposed Rules]
[Pages 48940-48942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22939]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0161]
RIN 1625-AA09
Drawbridge Operation Regulation; Canaveral Barge Canal,
Canaveral, 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 SR 401 Drawbridge, mile 5.5 at Port Canaveral, Florida.
This modified regulation is necessary to reduce vehicular traffic
congestion and to ensure the safety of the roadways while passengers
are transiting to and from Cruise Terminal 10, which is used by
Norwegian Cruise Line at Port Canaveral. Since the homeporting of the
cruise ship Norwegian Epic in the Port of Canaveral, traffic back-ups
have been caused by the drawbridge openings. This modified regulation
allows the bridge not to open to navigation during typical cruise-ship
passenger loading and unloading times on Saturdays and Sundays.
DATES: Comments and related material must reach the Coast Guard on or
before November 22, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0161 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
OMB Office of Management and Budget
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
On April 25, 2017, the Coast Guard published a notice of deviation
from drawbridge regulation with request for comments in the Federal
Register (82 FR 18989). One comment was received.
The existing regulation as published at 33 CFR 117.273 states: (b)
The drawspan of the SR401 Drawbridge, mile 5.5 at Port Canaveral, must
open on signal; except that, from 6:30 a.m. to 8 a.m. and 3:30 p.m. to
5:15 p.m. Monday through Friday except Federal holidays, the drawspan
need not be opened for the passage of vessels. From 10 p.m. to 6 a.m.
the drawspan must open on signal if at least three hours notice is
[[Page 48941]]
given. The drawspan must open as soon as possible for the passage of
public vessels of the United States and tugs with tows.
Under the current temporary deviation, the bridge remains in the
closed-to-navigation position from 11 a.m. to 2 p.m. on Saturdays and
Sundays. The Canaveral Port Authority has requested this deviation. The
bridge logs from November 2016 indicate that, at most, an average of
nine vessels per month may be affected by establishing this three hour
bridge closure on Saturdays and Sundays. The majority of the opening
requests were either at the beginning or end of this closure period;
therefore, if these mariners adjust their transits slightly there
should be a negligible overall effect.
The comment that was received stated that allowing this bridge to
be closed for three hours during the weekends is unreasonable to vessel
traffic as it limits the times the bridge will be available for use by
the maritime community. The commenter also stated that the bridge
should be allowed to open at least once an hour and that there was very
little vehicle traffic during the third hour. The Coast Guard agrees.
For this reason, the Coast Guard will continue to evaluate the impact
to mariners navigating this area during the closure periods and has
pubished this NPRM to allow for additional comments.
III. Discussion of Proposed Rule
This modified regulation is necessary to reduce vehicular traffic
congestion and to ensure the safety of the roadways while passengers
are transiting to and from Cruise Terminal 10, which is used by
Norwegian Cruise Line at Port Canaveral. Since the arrival of the
cruise ship Norwegian Epic to the Port of Canaveral, massive traffic
back-ups have been caused by the drawbridge openings.
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 ability that
vessels can still transit the bridge before and after the proposed
periods. Vessels that can pass under the bridge in the closed position
may continue to 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 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
[[Page 48942]]
review, under figure 2-1, paragraph (32)(e), of the Instruction.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record 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. 117.273, revise paragraph (b) to read as follows:
Sec. 117.273 Canaveral Barge Canal, Canaveral, FL.
* * * * *
(b) The drawspan of the SR401 Drawbridge, mile 5.5 at Port
Canaveral, must open on signal; except that, from 6:30 a.m. to 8 a.m.
and 3:30 p.m. to 5:15 p.m. Monday through Friday except Federal
holidays, the drawspan need not be opened for the passage of vessels.
On Saturday and Sunday, this bridge will be allowed to remain closed to
navigation from 11 a.m. to 2 p.m. each day. From 10 p.m. to 6 a.m. the
drawspan must open on signal if at least three hours notice is given.
The drawspan must open as soon as possible for the passage of public
vessels of the United States and tugs with tows.
Dated: October 17, 2017.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2017-22939 Filed 10-20-17; 8:45 am]
BILLING CODE 9110-04-P