[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Rules and Regulations]
[Pages 4428-4430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01913]
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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: Final rule.
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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the SR 401 Drawbridges across the Canaveral Barge Canal, mile
5.5, at Port Canaveral, Florida. This modification is necessary to
reduce vehicular traffic congestion and to ensure the safety of
roadways while passengers are transiting to and from the cruise ship
terminals. Since the arrival of additional cruise ships to the Port of
Canaveral, traffic back-ups have been caused by the
[[Page 4429]]
on demand drawbridge openings. This modification allows the bridges to
not open to navigation during prime cruise ship passenger loading and
unloading times on Saturdays and Sundays.
DATES: This rule is effective March 2, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0161. 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 LT Allan Storm, Sector Jacksonville, Waterways Management
Division, U.S. Coast Guard; telephone 904-714-7616, 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
FL Florida
SR State Route
MHW Mean High Water
U.S.C. United States Code
II. Background Information and Regulatory History
On October 23, 2017, we published a notice of proposed rulemaking
from drawbridge regulation with request for comments entitled
Drawbridge Operation Regulations: Canaveral Barge Canal, Canaveral, FL
in the Federal Register (82 FR 48940). We received three comments on
this rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
499.
The SR 401 Drawbridges across the Canaveral Barge Canal, mile 5.5,
at Port Canaveral, FL are three parallel double leaf bascule bridges
that have a vertical clearance of 25 feet at MHW in the closed to
navigation position and a horizontal clearance of 90 feet between the
fender system. Presently, in accordance with 33 CFR 117.273(b), the
bridges shall open on signal, except that from 6:15 a.m. to 8 a.m. and
3:30 p.m. to 5:15 p.m. Monday through Friday except Federal holidays,
the bridges need not open and from 10 p.m. to 6 a.m. the bridges must
open on signal if at least three hours notice is given. The bridges
must open as soon as possible for the passage of public vessels of the
Unites States and tugs with tows. The Canaveral Port Authority, with
concurrence from the bridge owner, Florida Department of Transportation
requested the operating schedule be changed to allow the bridges to not
open to navigation from 11 a.m. to 2 p.m. on Saturdays and Sundays.
This will provide relief to the increase in vehicle traffic congestion
on the weekends while meeting the reasonable needs of navigation.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard received three comments to this rule stating that
this regulation is unnecessarily restrictive to recreational boaters.
All comments also recommended that if the Coast Guard moves forward
with changing the operating schedule, they should consider allowing the
bridge to open on the hour during the 11 a.m. to 2 p.m. closure. The
Coast Guard has considered this recommendation, however, after
analyzing vessel traffic data versus vehicular traffic data, the Coast
Guard has determined that the benefit of reducing vehicle traffic to
enhance the safety on the roadways, without compromising the safety of
mariners, outweighs an inconvenience to vessels transiting the
waterway.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it 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 received no comments from the Small Business
Administration on this rule. 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 in section V.A
above, 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 (Pub. L. 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,
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
[[Page 4430]]
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 Executive Order 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 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 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. A Record of Environmental Consideration and a Memorandum
for the Record 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. Amend Sec. 117.273 by revising paragraph (b) to read as follows:
Sec. 117.273 Canaveral Barge Canal.
* * * * *
(b) The drawspans of the SR401 Drawbridges, 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 and from 11 a.m. to 2 p.m. on Saturdays and Sundays, the
drawspans need not be opened for the passage of vessels. From 10 p.m.
to 6 a.m., the drawspans must open on signal if at least three hours
notice is given. The drawspans must open as soon as possible for the
passage of public vessels of the United States and tugs with tows.
Dated: January 22, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2018-01913 Filed 1-30-18; 8:45 am]
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