Drawbridge Operation Regulation; Snake Creek, Islamorada, FL, 56381-56384 [2015-23537]

Download as PDF Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations (3) The description of the merchandise from the notice of seizure; (4) The quantity as set forth in the notice of seizure; (5) The country of origin of the merchandise; (6) The name and address of the manufacturer; (7) The name and address of the exporter; and (8) The name and address of the importer. (f) Disclosure to owner of the mark, following seizure, of unredacted photographs, images, and samples. At any time following a seizure of merchandise bearing a counterfeit mark under this section, and upon receipt of a proper request from the owner of the mark, CBP may provide, if available, photographs, images, or a sample of the seized merchandise and its retail packaging, in its condition as presented for examination, to the owner of the mark. To obtain a sample under this paragraph, the owner of the mark must furnish to CBP a bond in the form and amount specified by CBP, conditioned to indemnify the importer or owner of the imported article against any loss or damage resulting from the furnishing of the sample by CBP to the owner of the mark. CBP may demand the return of the sample at any time. The owner of the mark must return the sample to CBP upon demand or at the conclusion of the examination, testing, or other use in pursuit of a related private civil remedy for infringement. In the event that the sample is damaged, destroyed, or lost while in the possession of the owner of the mark, the owner must, in lieu of return of the sample, certify to CBP that: ‘‘The sample described as [insert description] and provided pursuant to 19 CFR 133.21(f) was (damaged/ destroyed/lost) during examination, testing, or other use.’’ * * * * * PART 151—EXAMINATION, SAMPLING, AND TESTING OF MERCHANDISE 3. The general authority citation for part 151 continues to read as follows: tkelley on DSK3SPTVN1PROD with RULES ■ Authority: 19 U.S.C. 66, 1202 (General Note 3(i) and (j), Harmonized Tariff Schedule of the United States (HTSUS), 1624; * * § 151.16 * * * [Amended] 4. Section 151.16(a) is amended by removing the words, ‘‘imports of articles ■ VerDate Sep<11>2014 16:42 Sep 17, 2015 Jkt 235001 bearing counterfeit marks or suspected counterfeit marks,’’. R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection. Approved: September 15, 2015. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2015–23543 Filed 9–17–15; 8:45 am] BILLING CODE 9111–14–P 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 Coast Guard, DHS. ACTION: Temporary interim rule and request for comments. AGENCY: The Coast Guard is modifying the operating schedule that governs the Snake Creek Bridge across Snake Creek, Islamorada, FL. This temporary interim rule will change the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This temporary interim rule will allow Snake Creek Bridge to open on signal, except that from 8 a.m. to 6 p.m., the draw need open only on the hour. The Bridge owner, Florida Department of Transportation, and local officials requested this action to assist in reducing vehicle traffic caused by frequent bridge openings. DATES: This temporary interim rule will be effective from 8 a.m. on September 18, 2015 to 6 p.m. on May 10, 2016. Comments and related material must reach the Coast Guard on or before January 15, 2016. Requests for public meetings must be received by the Coast Guard on or before November 1, 2015. ADDRESSES: You may submit comments identified by docket number USCG– 2015–0046 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 56381 Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. To avoid duplication, please use only one of these methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary interim rule, call or email Coast Guard Sector Key West Waterways Management Division; telephone 305– 292–8772, email D07-DG-SECKWWaterwaysManagement@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Table of Acronyms CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register § Section Symbol U.S.C. United States Code A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to https:// www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2015–0046), indicate the specific section of this document to which each comment applies, and give the reason for each suggestion or recommendation. You may submit your comments and material online, or by fax, mail or hand delivery, but please use only one of these means. If you submit a comment online via https://www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, type the E:\FR\FM\18SER1.SGM 18SER1 56382 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations docket number [USCG–2015–0046] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change this rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type the docket number (USCG–2015–0046) in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one on or before November 1, 2015, using one of the methods specified under ADDRESSES. Please explain why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. tkelley on DSK3SPTVN1PROD with RULES Regulatory History and Information On March 27, 2015, we published a test deviation entitled ‘‘Drawbridge Operation Regulations; Snake Creek, Islamorada, FL’’ in the Federal Register (80 FR 16280). The comment period for the test deviation remains open until September 14, 2015. VerDate Sep<11>2014 16:42 Sep 17, 2015 Jkt 235001 The Coast Guard is issuing this temporary interim rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because delaying an amendment to the Snake Creek Bridge schedule would be impracticable and contrary to public interest. Pursuant to the temporary deviation published on March 27, 2015, the Snake Creek Bridge operating schedule was modified to determine if vehicular traffic congestion could be reduced while accommodating the reasonable needs of navigation. While the comment period for that deviation remains open, the Coast Guard is implementing this rule and seeks additional comment because the test deviation did not offer insight on the impacts of an alternate operating schedule during fall or winter months. Preliminary evidence shows that the revised schedule is beneficial to the commuting public and reverting to the schedule published in 33 CFR 117.331 may not be necessary to provide for the reasonable needs of navigation on Snake Creek. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Registerfor the same reasons discussed above. B. Basis and Purpose 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 as follows: The draw of the Snake Creek Bridge, at Islamorada, Florida, shall open on signal, 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. The Bridge owner, Florida Department of Transportation, and local officials requested a change in the operating schedule to assist in reducing vehicle traffic caused by frequent bridge openings. The Coast Guard initiated a test of a new schedule for the Snake Creek Bridge that was based on the following input: PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 1. As reported by village and city councils, vehicle traffic near the Snake Creek Bridge has negatively impacted Islamorada and surrounding communities during peak vehicle traffic time periods. A temporary deviation initiated a test of a new bridge operation schedule to reduce 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 at 8:45 a.m. and between 12:15 p.m. and 3:15 p.m. By reducing the number of scheduled openings between 8 a.m. and 6 p.m., this rule seeks to reduce vehicle traffic on US–1 while maintaining the reasonable needs of navigation on Snake Creek. The types of vessels navigating Snake Creek include sport fishing vessels and catamaran sailboats. During the test deviation, vessels signaled the bridge to open on the top of the hour from 8 a.m. to 6 p.m. Any vessel that can safely transit under the Snake Creek Bridge while closed may continue to navigate under the bridge during this deviation. Vessel operators may also consider the use of Channel Five, a navigable channel above Long Key, Florida 5.7 nautical miles southwest of Snake Creek Bridge. The fixed US–1 bridge across Channel Five has a vertical clearance of 65 feet. C. Discussion of the Temporary Interim Rule A test deviation published on March 27, 2015 allowed the Snake Creek Bridge to remain closed with the exception of on-demand openings once an hour schedule between 8 a.m. and 6 p.m. seven days a week. The deviation called for on-demand openings at all other times. The Coast Guard is initiating this temporary interim rule to allow the time necessary to review the impacts of the test schedule and how it will impact all modes of traffic during seasonal traffic. Comments on the temporary deviation as well as any others received during the temporary interim rule comment period may be used to determine if a final rule should be implemented to modify the operating schedule. D. Regulatory Analyses We developed this temporary interim rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders. E:\FR\FM\18SER1.SGM 18SER1 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This rule is not a significant regulatory action because it allows for openings every hour and meets the reasonable needs of navigation while helping to decongest vehicular traffic on US–1. Vessels capable of transiting under the Bridge may do so at any time. 2. 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. This action will not have a significant economic impact on a substantial number of small entities because it will allow for once an hour openings and vessels that can safely transit under the bridge may do so at any time. tkelley on DSK3SPTVN1PROD with RULES 3. Assistance for Small Entities 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 VerDate Sep<11>2014 16:42 Sep 17, 2015 Jkt 235001 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. 4. 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). 5. Federalism 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 does not have implications for federalism. 6. 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. 7. 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. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform Frm 00015 Fmt 4700 Sfmt 4700 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments 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. 12. Energy Effects This rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 rule is categorically excluded, 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. List of Subjects in 33 CFR Part 117 This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. PO 00000 56383 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: E:\FR\FM\18SER1.SGM 18SER1 56384 Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations 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. Effective 8 a.m. on September 18, 2015 to 6 p.m. on May 10, 2016, suspend § 117.331 and add § 117.T331 to read as follows: ■ § 117.T331 Snake Creek. The draw of the Snake Creek Bridge, at Islamorada, Florida will open on signal, except that from 8 a.m. to 6 p.m., the draw need open only on the hour. Dated: September 8, 2015. S. A. Buschman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2015–23537 Filed 9–17–15; 8:45 am] Table of Acronyms BILLING CODE 9110–04–P DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2015–0777] RIN 1625–AA00 Safety Zone; Kaskaskia River MM 28 to 29; New Athens, IL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for all waters of the Kaskaskia River, surface to bottom, between mile 28 and 29. This temporary safety zone is necessary to protect persons and property from potential damage and safety hazards during the New Athens Drag Boat Race. During the period of enforcement, entry into this safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Upper Mississippi River or other designated representative. DATES: This rule is effective from 8:00 a.m. until 6:00 p.m. on September 19, 2015 and September 20, 2015. This rule will be enforced with actual notice from 8:00 a.m. until 6:00 p.m. on September 19, 2015 and September 20, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2015–0777. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type the docket tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:42 Sep 17, 2015 Jkt 235001 number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR Sean Peterson, Chief of Prevention, Sector Upper Mississippi River U.S. Coast Guard; telephone (314) 269–2332, email Sean.M.Peterson@ uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: A. Regulatory History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule. Providing a full notice period is contrary to the public interest as it would delay the effectiveness of the temporary safety zone until after the planned event. Immediate action is needed to protect vessels and the public from the safety hazards associated with this high speed race event on the Kaskaskia River in New Athens, IL. Completing the full NPRM process is unnecessary due to the fact that there is minimal commercial traffic in the area and that notices will be made using Broadcast Notice to Mariners and Local Notice to Mariners. Mariners will have the ability to request entrance into the zone by contacting the COTP during the closure period. These requests will be handled on a case by case basis. Additionally, a delay to the effective date for this safety zone would be contrary to public interest because it would interfere with the planned race and the contractual obligations related PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 to this event, and it would put the safety of the spectators and participants of the event at risk. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of the rule is contrary to the public interest as it would delay the effectiveness of the temporary safety zone until after the planned event. B. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation no. 0170.1, which collectively authorize the Coast Guard to establish and define safety zones. The Kentucky Drag Boat Association’s annual New Athens Drag Boat Race is scheduled for September 19 and 20, 2015. The event is listed in Table 2 of 33 CFR 100.801 number seven for the second weekend in September; however, the event is being held on the third weekend of September this year. The race will feature inboard, outboard, and jet-propelled vessels competing on a closed course on the Kaskaskia River between miles 28 and 29. The Coast Guard determined that a safety zone is necessary to keep persons and property clear of any potential hazards associated with the race. C. Discussion of the Final Rule The Coast Guard is establishing a temporary safety zone from 8:00 a.m. to 6:00 p.m. on September 19, 2015 and September 20, 2015, for the New Athens Drag Boat Race. The event will take place on the Kaskaskia River and the safety zone will include all waters of the Kaskaskia River between miles 28 and 29. The Coast Guard will enforce the temporary safety zone and may be assisted by other federal, state and local agencies and the Coast Guard Auxiliary. During the periods of enforcement, no vessels may transit into, through, or remain within this Coast Guard safety zone closure area. Deviation from this safety zone may be requested by contacting the COTP Upper Mississippi River or other designated representative. They may be contacted on VHF–FM Channel 16, or through Coast Guard Sector Upper Mississippi at 314–269– 2332. Deviations will be considered on a case-by case basis. D. Regulatory Analyses We developed this rule after considering numerous statutes and E:\FR\FM\18SER1.SGM 18SER1

Agencies

[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56381-56384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23537]


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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: Temporary interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Snake Creek Bridge across Snake Creek, Islamorada, FL. This 
temporary interim rule will change the drawbridge operation schedule to 
determine whether a permanent change to the schedule is needed. This 
temporary interim rule will allow Snake Creek Bridge to open on signal, 
except that from 8 a.m. to 6 p.m., the draw need open only on the hour. 
The Bridge owner, Florida Department of Transportation, and local 
officials requested this action to assist in reducing vehicle traffic 
caused by frequent bridge openings.

DATES: This temporary interim rule will be effective from 8 a.m. on 
September 18, 2015 to 6 p.m. on May 10, 2016.
    Comments and related material must reach the Coast Guard on or 
before January 15, 2016. Requests for public meetings must be received 
by the Coast Guard on or before November 1, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0046 using any one of the following methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary interim rule, call or email Coast Guard Sector Key West 
Waterways Management Division; telephone 305-292-8772, email D07-DG-SECKW-WaterwaysManagement@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to https://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2015-0046), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail or hand delivery, but please use only one of 
these means. If you submit a comment online via https://www.regulations.gov, it will be considered received by the Coast Guard 
when you successfully transmit the comment. If you fax, hand deliver, 
or mail your comment, it will be considered as having been received by 
the Coast Guard when it is received at the Docket Management Facility. 
We recommend that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that we can 
contact you if we have questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov, 
type the

[[Page 56382]]

docket number [USCG-2015-0046] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit them by mail 
and would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
this rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov, 
type the docket number (USCG-2015-0046) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before November 1, 2015, using one of the methods 
specified under ADDRESSES. Please explain why one would be beneficial. 
If we determine that one would aid this rulemaking, we will hold one at 
a time and place announced by a later notice in the Federal Register.
Regulatory History and Information
    On March 27, 2015, we published a test deviation entitled 
``Drawbridge Operation Regulations; Snake Creek, Islamorada, FL'' in 
the Federal Register (80 FR 16280). The comment period for the test 
deviation remains open until September 14, 2015.
    The Coast Guard is issuing this temporary interim rule without 
prior notice and opportunity to comment pursuant to authority under 
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). This provision authorizes an agency to issue a rule without 
prior notice and opportunity to comment when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast 
Guard finds that good cause exists for not publishing a notice of 
proposed rulemaking (NPRM) with respect to this rule because delaying 
an amendment to the Snake Creek Bridge schedule would be impracticable 
and contrary to public interest. Pursuant to the temporary deviation 
published on March 27, 2015, the Snake Creek Bridge operating schedule 
was modified to determine if vehicular traffic congestion could be 
reduced while accommodating the reasonable needs of navigation. While 
the comment period for that deviation remains open, the Coast Guard is 
implementing this rule and seeks additional comment because the test 
deviation did not offer insight on the impacts of an alternate 
operating schedule during fall or winter months. Preliminary evidence 
shows that the revised schedule is beneficial to the commuting public 
and reverting to the schedule published in 33 CFR 117.331 may not be 
necessary to provide for the reasonable needs of navigation on Snake 
Creek.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Registerfor the same reasons discussed 
above.

B. Basis and Purpose

    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 as follows: The draw of the 
Snake Creek Bridge, at Islamorada, Florida, shall open on signal, 
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.
    The Bridge owner, Florida Department of Transportation, and local 
officials requested a change in the operating schedule to assist in 
reducing vehicle traffic caused by frequent bridge openings.
    The Coast Guard initiated a test of a new schedule for the Snake 
Creek Bridge that was based on the following input:
    1. As reported by village and city councils, vehicle traffic near 
the Snake Creek Bridge has negatively impacted Islamorada and 
surrounding communities during peak vehicle traffic time periods. A 
temporary deviation initiated a test of a new bridge operation schedule 
to reduce 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 at 8:45 
a.m. and between 12:15 p.m. and 3:15 p.m. By reducing the number of 
scheduled openings between 8 a.m. and 6 p.m., this rule seeks to reduce 
vehicle traffic on US-1 while maintaining the reasonable needs of 
navigation on Snake Creek.
    The types of vessels navigating Snake Creek include sport fishing 
vessels and catamaran sailboats.
    During the test deviation, vessels signaled the bridge to open on 
the top of the hour from 8 a.m. to 6 p.m.
    Any vessel that can safely transit under the Snake Creek Bridge 
while closed may continue to navigate under the bridge during this 
deviation.
    Vessel operators may also consider the use of Channel Five, a 
navigable channel above Long Key, Florida 5.7 nautical miles southwest 
of Snake Creek Bridge. The fixed US-1 bridge across Channel Five has a 
vertical clearance of 65 feet.

C. Discussion of the Temporary Interim Rule

    A test deviation published on March 27, 2015 allowed the Snake 
Creek Bridge to remain closed with the exception of on-demand openings 
once an hour schedule between 8 a.m. and 6 p.m. seven days a week. The 
deviation called for on-demand openings at all other times. The Coast 
Guard is initiating this temporary interim rule to allow the time 
necessary to review the impacts of the test schedule and how it will 
impact all modes of traffic during seasonal traffic.
    Comments on the temporary deviation as well as any others received 
during the temporary interim rule comment period may be used to 
determine if a final rule should be implemented to modify the operating 
schedule.

D. Regulatory Analyses

    We developed this temporary interim rule after considering numerous 
statutes and executive orders related to rulemaking. Below we summarize 
our analyses based on these statutes or executive orders.

[[Page 56383]]

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. This rule is not a significant 
regulatory action because it allows for openings every hour and meets 
the reasonable needs of navigation while helping to decongest vehicular 
traffic on US-1. Vessels capable of transiting under the Bridge may do 
so at any time.

2. 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.
    This action will not have a significant economic impact on a 
substantial number of small entities because it will allow for once an 
hour openings and vessels that can safely transit under the bridge may 
do so at any time.

3. Assistance for Small Entities

    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.

4. 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).

5. Federalism

    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 does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 rule is categorically excluded, 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.

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:

[[Page 56384]]

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. Effective 8 a.m. on September 18, 2015 to 6 p.m. on May 10, 2016, 
suspend Sec.  117.331 and add Sec.  117.T331 to read as follows:


Sec.  117.T331  Snake Creek.

    The draw of the Snake Creek Bridge, at Islamorada, Florida will 
open on signal, except that from 8 a.m. to 6 p.m., the draw need open 
only on the hour.

    Dated: September 8, 2015.
S. A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2015-23537 Filed 9-17-15; 8:45 am]
BILLING CODE 9110-04-P
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