Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, New Smyrna Beach, FL, 38600-38602 [2017-17216]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Rules and Regulations]
[Pages 38600-38602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17216]


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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: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Coronado Beach (George Musson) Bridge across the Atlantic 
Intracoastal Waterway, mile 845, at New Smyrna Beach, FL. This rule 
will change the existing 20 minute opening schedule to a 30 minute 
opening schedule between 7 a.m. and 7 p.m. The rule will also add the 
local bridge name to the regulation published in the Code of Federal 
Regulations, George Musson/Coronado Beach (SR44).

DATES: This rule is effective September 14, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0205 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 Mr. Eddie Lawrence with the Coast Guard; telephone 305-
415-6946, email Eddie.H.Lawrence@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 10, 2016, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Atlantic Intracoastal 
Waterway, New Smyrna Beach, FL in the Federal Register (81 FR 28791). 
We received 5 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.
    George Musson/Coronado Beach (SR 44) bridge, mile 845 at New Smyrna 
Beach is a bascule bridge with a vertical clearance of 24 feet in the 
closed position and unlimited in the open position. Per 33 CFR 
117.261(h), the current operating schedule states the bridge 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.
    On April 25, 2015, the City of New Smyrna Beach requested the Coast 
Guard review the current operating schedule for the Coronado Beach 
(George Musson) Bridge (SR 44) to determine whether a change could be

[[Page 38601]]

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, from an opening every 20 minutes to an opening every 30 
minutes; every day of the week.
    This regulatory action determination is based on the limited impact 
that it will have on vessel traffic on the Atlantic Intracoastal 
Waterway. This rule changes the opening schedule from three times an 
hour to two times an hour. The bridge logs show that the Bridge 
generally only opens twice an hour already 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 
at any time. Emergency vessels and tugs with tows can still request 
openings at any time.

IV. Discussion of Comments, Changes and the Final Rule

    There were five comments received during the comment period. Three 
commenters were in favor of the proposed rule and two commenters were 
opposed the proposed changes. These two commenters stated that changing 
the bridge schedule would not alleviate the City's traffic problems, 
and might impact vessel traffic during peak transient seasons. The 
Coast Guard agrees in part that in the majority of cases, a change to a 
bridge regulation will not solve a traffic problem. However, the 
purpose of the final rule is to balance the needs of all modes of 
transportation. As this bridge opens mostly two times an hour rather 
than the permitted three times an hour now, this will be a minor 
adjustment for vessel traffic. For these reasons, no changes have been 
made to the final rule.

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 continued 
ability for vessels to transit the bridge during the twice-an-hour 
opening schedule. Vessels in distress, Public vessels of the United 
States and tugs with tows must be passed 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 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 final rule would not have a significant economic impact on 
any vessel owner or operator as there are generally only two openings 
an hour currently. This regulation changes the schedule from three 
times an hour to twice an hour.
    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 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

[[Page 38602]]

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 preliminary 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. 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: August 1, 2017.
P.J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-17216 Filed 8-14-17; 8:45 am]
 BILLING CODE 9110-04-P