Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, New Smyrna Beach, FL, 28791-28793 [2016-10919]

Download as PDF Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Proposed Rules deck if the vessel has no mast; at night a red light shall be displayed in the positions specified for the red flag. (8) Nothing in this paragraph shall be construed as relieving the owner or person in charge of any vessel from penalties for obstructing navigation, or for obstructing or interfering with range lights, or for not complying with navigation laws in regard to lights, fog signals, or other aids to navigation, or for otherwise violating the law. (9) All vessels desiring to use an Anchorage must notify the Coast Guard Captain of the Port, via the Biscayne Bay Pilots on VHF–FM Channel 12 or 16. (10) All vessels anchored within the anchorage grounds shall maintain a 24– hour bridge watch by an English speaking licensed or credentialed deck officer monitoring VHF–FM Channel 16. This individual shall perform frequent checks of the vessel’s position to ensure the vessel is not dragging anchor. (11) Vessels experiencing casualties such as a main propulsion, main steering, or anchoring equipment malfunction or which are planning to perform main propulsion engine repairs or maintenance, shall immediately notify the Coast Guard Captain of the Port via the Coast Guard Sector Miami on VHF–FM Channel 16. (12) The Coast Guard Captain of the Port may close the anchorage grounds and direct vessels to depart an anchorage during periods of adverse weather or at other times as deemed necessary in the interest of port safety. Dated: May 4, 2016. S.A. Buschman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2016–10850 Filed 5–9–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0205] RIN 1625–AA09 ehiers on DSK5VPTVN1PROD with PROPOSALS Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, New Smyrna Beach, FL Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to modify the operating schedule that governs the Coronado Beach (George Musson) Bridge across the Atlantic Intracoastal Waterway, mile 845, at New SUMMARY: VerDate Sep<11>2014 15:20 May 09, 2016 Jkt 238001 Smyrna Beach, FL. This proposed rule would change the existing 20 minute opening schedule to a 30 minute opening schedule between 7 a.m. and 7 p.m. This modification would provide some relief to vehicle traffic congestion and would have little to no effect on navigation. The proposed rule will also add the local bridge name to the regulation published in the Code of Federal Regulations, George Musson/ Coronado Beach (SR44). We invite your comments on this proposed rulemaking. DATES: Comments and related material must reach the Coast Guard on or before July 11, 2016. ADDRESSES: You may submit comments identified by docket number USCG– 2016–0205 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. If you have questions on this proposed rule, call or email LT Allan Storm with the Coast Guard; telephone 904–714– 7616, email allan.h.storm@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose and Legal Basis On April 25, 2015, the City of New Smyrna Beach requested that the Coast Guard review the current operating schedule for the Coronado Beach (George Musson) Bridge (SR 44) to determine whether a change could be made to improve vehicle traffic flow in the area. The bridge owner, Florida Department of Transportation, was also consulted on this issue and it concurred with the recommendation to change the current schedule requiring an opening every 20 minutes to a schedule requiring an opening every 30 minutes all days of the week. The George Musson Bridge across the Atlantic Intracoastal Waterway, mile 845, at New Smyrna Beach, FL is a double leaf bascule bridge. It has a vertical clearance of 24 feet in the closed position at mean high water and a horizontal clearance of 90 feet. Presently, in accordance with 33 CFR 117.261(h), the Coronado Beach bridge (SR 44), also known as the George Musson Bridge, at mile 845 at New PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 28791 Smyrna Beach, FL shall open on signal, except that from 7 a.m. until 7 p.m., each day of the week, the draw need only open on the hour, twenty minutes past the hour and forty minutes past the hour. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 499. III. Discussion of Proposed Rule The Coast Guard proposes to amend 33 CFR 117.261, paragraph h, regarding the operation of the George Musson/ Coronado Beach (SR 44) Bridge, Atlantic Intracoastal Waterway, mile 845, at New Smyrna Beach, FL. The proposed regulation would allow the bridge to open twice an hour rather than three times an hour to reduce vehicle traffic backups. In addition to changing the operating schedule, this regulation would add the local name of this bridge, George Musson, to the CFR. This regulation change will not have a significant impact on navigation in this area. As per, 33 CFR 117.261(a) General: Public vessels of the United States and tugs with tows must be passed through the drawspan of each drawbridge listed in this section at anytime. These proposed changes will meet the reasonable needs of vessel traffic passing through the Bridge while taking into account the reasonable needs of other modes of transportation. Vessels not requiring an opening may pass at any time. 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 also 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. This regulatory action determination is based on the limited impact that it is anticipated to have on vessel traffic on the Atlantic Intracoastal Waterway. This E:\FR\FM\10MYP1.SGM 10MYP1 28792 Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Proposed Rules proposed rule will change the opening schedule from three times an hour to two times an hour. Currently, bridge logs show that the Bridge generally opens twice an hour because vessel traffic volumes do not require three openings per hour. Therefore, there should be no actual change to the number of bridge openings per hour. Also, vessels that can transit under the bridge without an opening may do so. Emergency vessels and tugs with tows can still request openings at any time. ehiers on DSK5VPTVN1PROD with PROPOSALS 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 (Public Law 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 section. 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.). VerDate Sep<11>2014 15:20 May 09, 2016 Jkt 238001 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 E.O. 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. 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 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. PO 00000 Frm 00057 Fmt 4702 Sfmt 4702 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 NPRM as being available in the 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. E:\FR\FM\10MYP1.SGM 10MYP1 Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Proposed Rules For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: 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; and Department of Homeland Security Delegation No. 0170.1. 2. Revise § 117.261(h) to read as follows: ■ I. Table of Abbreviations § 117.261 Atlantic Intracoastal Waterway from St. Marys River to Key Largo. * * * * * (h) George Musson/Coronado Beach (SR 44) bridge, mile 845 at New Smyrna Beach. The George Musson/Coronado Beach (SR 44) bridge, mile 845, shall open on signal, except that from 7 a.m. to 7 p.m., the draw shall open on the hour and half-hour, seven days a week. * * * * * Dated: May 4, 2016. S.A. Buschman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2016–10919 Filed 5–9–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2015–0343] RIN 1625–AA09 Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Little River to Savannah River Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to modify the operating schedule that governs the Lady’s Island Bridge, across the Beaufort River, Mile 536.0 at Beaufort, SC. This modification would allow Lady’s Island Bridge to remain closed during peak vehicular traffic times. The bridge owner, South Carolina Department of Transportation, requested this action to assist in reducing traffic caused by bridge openings. DATES: Comments and related material must reach the Coast Guard on or before July 11, 2016. ADDRESSES: You may submit comments identified by docket number USCG– 2015–0343 using Federal eRulemaking Portal at http://www.regulations.gov. ehiers on DSK5VPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 15:20 May 09, 2016 Jkt 238001 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 Lieutenant John Z. Downing at telephone 843–740–3184, email John.Z.Downing@uscg.mil. SUPPLEMENTARY INFORMATION: CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive order FR Federal Register NPRM Notice of proposed rulemaking SNPRM Supplemental notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code II. Background, Purpose and Legal Basis The City of Beaufort, South Carolina requested that the bridge owner and the U.S. Coast Guard modify the operating schedule for Lady’s Island Bridge to reduce vehicular traffic in the City of Beaufort and surrounding communities. On February 17th, 2015, Coast Guard Sector Charleston Waterways Management (WWM) staff observed the Lady’s Island Bridge operations between the hours of 6 a.m. and 10 a.m. During the observation period, the staff discussed potential changes with the Bridge owner, South Carolina Department of Transportation. Additionally, WWM met with the Beaufort County South Carolina traffic manager to discuss bridge opening impacts. On August 5th, 2015, a Temporary Deviation, entitled, ‘‘Drawbridge Operation Regulations: Atlantic Intracoastal Waterway, Little River to Savannah River,’’ was published in the Federal Register [USCG–2015–0343] [80 FR 46492] to evaluate whether changing the bridge opening schedule would assist in reducing traffic congestion. This deviation was in effect through November 3rd, 2015. During the deviation period the Coast Guard received six comments, five of which recommended retaining the operating schedule currently found at 33 CFR 117.911(f). One comment proposed a bridge opening during the morning and afternoon vehicular traffic rush hours. Based on the Coast Guard’s observation of bridge use during peak traffic hours, the existing schedule would continue to create an unreasonable amount of vehicle traffic during morning and afternoon PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 28793 commutes and generally during daylight hours. One comment further suggested not changing the existing schedule during certain times of the year when increased vessel traffic is expected. The Coast Guard adopted this proposal because would meet the reasonable needs of navigation. The Lady’s Island Bridge in Beaufort, South Carolina has a vertical clearance of 30 feet at Mean High Water in the closed position. The existing drawbridge schedule can be found in 33 CFR 117.911(f). III. Discussion of Proposed Rule The Coast Guard proposes to amend 33 CFR 117.911(f). This proposed regulation would modify timeframes the bridge may remain closed. It would extend the morning closure period, when the bridge is authorized to remain closed, by an additional half hour and the afternoon closure period by an additional hour. It would also set an hourly opening schedule between 9 a.m. and 3 p.m. when the Bridge will open on the hour, thereby reducing hourly openings from twice an hour to once an hour during daytime hours, Monday through Friday, except Federal holidays. This proposed regulation would reduce vehicle backups without unreasonably restricting vessel traffic, thereby balancing the needs of both modes of transportation. No changes to the existing regulation will be implemented during the months of April, May, October and November because higher vessel traffic volumes exist during these time periods. At all other times, this bridge will open on signal. The South Carolina Department of Transportation, the bridge owner, has no objections to this proposed schedule. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on these statutes and E.O.s and we discuss First Amendment rights of protestors. 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 NPRM has not been designated a ‘‘significant regulatory action,’’ under E.O. 12866. Accordingly, E:\FR\FM\10MYP1.SGM 10MYP1

Agencies

[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Proposed Rules]
[Pages 28791-28793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10919]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0205]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
New Smyrna Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Coronado Beach (George Musson) Bridge across the Atlantic 
Intracoastal Waterway, mile 845, at New Smyrna Beach, FL. This proposed 
rule would change the existing 20 minute opening schedule to a 30 
minute opening schedule between 7 a.m. and 7 p.m. This modification 
would provide some relief to vehicle traffic congestion and would have 
little to no effect on navigation. The proposed rule will also add the 
local bridge name to the regulation published in the Code of Federal 
Regulations, George Musson/Coronado Beach (SR44). We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before July 11, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0205 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 LT Allan Storm with the Coast Guard; telephone 904-
714-7616, email allan.h.storm@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    On April 25, 2015, the City of New Smyrna Beach requested that the 
Coast Guard review the current operating schedule for the Coronado 
Beach (George Musson) Bridge (SR 44) to determine whether a change 
could be made to improve vehicle traffic flow in the area. The bridge 
owner, Florida Department of Transportation, was also consulted on this 
issue and it concurred with the recommendation to change the current 
schedule requiring an opening every 20 minutes to a schedule requiring 
an opening every 30 minutes all days of the week.
    The George Musson Bridge across the Atlantic Intracoastal Waterway, 
mile 845, at New Smyrna Beach, FL is a double leaf bascule bridge. It 
has a vertical clearance of 24 feet in the closed position at mean high 
water and a horizontal clearance of 90 feet.
    Presently, in accordance with 33 CFR 117.261(h), the Coronado Beach 
bridge (SR 44), also known as the George Musson Bridge, at mile 845 at 
New Smyrna Beach, FL shall open on signal, except that from 7 a.m. 
until 7 p.m., each day of the week, the draw need only open on the 
hour, twenty minutes past the hour and forty minutes past the hour. The 
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 499.

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.261, paragraph h, 
regarding the operation of the George Musson/Coronado Beach (SR 44) 
Bridge, Atlantic Intracoastal Waterway, mile 845, at New Smyrna Beach, 
FL. The proposed regulation would allow the bridge to open twice an 
hour rather than three times an hour to reduce vehicle traffic backups. 
In addition to changing the operating schedule, this regulation would 
add the local name of this bridge, George Musson, to the CFR. This 
regulation change will not have a significant impact on navigation in 
this area.
    As per, 33 CFR 117.261(a) General: Public vessels of the United 
States and tugs with tows must be passed through the drawspan of each 
drawbridge listed in this section at anytime. These proposed changes 
will meet the reasonable needs of vessel traffic passing through the 
Bridge while taking into account the reasonable needs of other modes of 
transportation. Vessels not requiring an opening may pass at any time.

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 also 
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.
    This regulatory action determination is based on the limited impact 
that it is anticipated to have on vessel traffic on the Atlantic 
Intracoastal Waterway. This

[[Page 28792]]

proposed rule will change the opening schedule from three times an hour 
to two times an hour. Currently, bridge logs show that the Bridge 
generally opens twice an hour because vessel traffic volumes do not 
require three openings per hour. Therefore, there should be no actual 
change to the number of bridge openings per hour. Also, vessels that 
can transit under the bridge without an opening may do so. Emergency 
vessels and tugs with tows can still request openings at any time.

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 (Public Law 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 
section. 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 E.O. 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.

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 
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.
    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 NPRM as being available in the 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.


[[Page 28793]]


    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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  117.261(h) to read as follows:


Sec.  117.261  Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (h) George Musson/Coronado Beach (SR 44) bridge, mile 845 at New 
Smyrna Beach. The George Musson/Coronado Beach (SR 44) bridge, mile 
845, shall open on signal, except that from 7 a.m. to 7 p.m., the draw 
shall open on the hour and half-hour, seven days a week.
* * * * *

    Dated: May 4, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-10919 Filed 5-9-16; 8:45 am]
 BILLING CODE 9110-04-P