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

Download as PDF 38600 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 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 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233 2. Add § 100.35T08–0710 to read as follows: ■ jstallworth on DSKBBY8HB2PROD with RULES § 100.35T08–0710 Special Local Regulation; Mobile River, Mobile, AL. (a) Regulated area. All navigable waters of the Mobile River, Mobile, AL encompassing a half-mile radius of a point at approximate location 30°41′24.8″ N., 88°2′12.9″ W. (b) Period of enforcement. This rule will be enforced from 9 a.m. until 1 p.m. on August 26, 2017. (c) Special local regulations. (1) Entry into, transit within or through, or exit from this area is prohibited unless authorized by the Captain of the Port Mobile (COTP) or the designated Patrol Commander. The Coast Guard will patrol the regulated area under the direction of a designated Coast Guard Patrol Commander. The Patrol Commander may be contacted on Channel 16 VHF–FM (156.8 MHz) by the call sign ‘‘PATCOM’’. (2) All persons and vessels not registered with the sponsor as participants or official patrol vessels are considered spectators. The ‘‘official patrol vessels’’ consist of any Coast Guard, state, or local law enforcement and sponsor provided vessels assigned or approved by the COTP to patrol the regulated area. (3) Spectator vessels desiring to transit the regulated area may do so only with prior approval of the Patrol Commander and when so directed by that officer will be operated at a minimum safe navigation speed in a manner which will not endanger participants in the regulated area or any other vessels. (4) No spectator vessel shall anchor, block, loiter, or impede the through transit of participants or official patrol vessels in the regulated area during the VerDate Sep<11>2014 14:06 Aug 14, 2017 Jkt 241001 effective dates and times, unless cleared for entry by or through an official patrol vessel. (5) The patrol commander may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both. (6) Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the event. Such mooring must be complete at least 30 minutes prior to the establishment of the regulated area and remain moored through the duration of the event. (7) The Patrol Commander may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property. (8) The Patrol Commander will terminate enforcement of the special local regulations at the conclusion of the event. (d) Informational broadcasts. The COTP or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the regulated area as well as any changes in the date and times of enforcement. Dated: July 25, 2017. M.R. McLellan, Captain, U.S. Coast Guard, Captain of the Port Mobile. [FR Doc. 2017–17215 Filed 8–14–17; 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 Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, New Smyrna Beach, FL Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is modifying the operating schedule that governs the Coronado Beach (George Musson) Bridge across the Atlantic Intracoastal SUMMARY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 http:// 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 § 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 E:\FR\FM\15AUR1.SGM 15AUR1 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 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. jstallworth on DSKBBY8HB2PROD with RULES 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 VerDate Sep<11>2014 14:06 Aug 14, 2017 Jkt 241001 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 38601 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 E:\FR\FM\15AUR1.SGM 15AUR1 38602 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 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 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. Revise § 117.261(h) to read as follows: ■ § 117.261 Atlantic Intracoastal Waterway from St. Marys River to Key Largo. jstallworth on DSKBBY8HB2PROD with RULES * * * * * (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 VerDate Sep<11>2014 14:06 Aug 14, 2017 Jkt 241001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2017–0722] Drawbridge Operation Regulation; Housatonic River, Stratford, CT Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Metro-North (Devon) Bridge across the Housatonic River, mile 3.9, at Stratford, Connecticut. The deviation is necessary to complete repairs to the movable span and allows the bridge to remain in the closed position for approximately one month during weekdays and weeknights while opening during weekends if provided 24 hours of advance notice. DATES: This deviation is effective from 8 a.m. on September 11, 2017 to 2 p.m. on October 6, 2017. ADDRESSES: The docket for this deviation, USCG–2017–0722 is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email James M. Moore, Bridge Management Specialist, First District Bridge Branch, U.S. Coast Guard; telephone (212) 514–4334, email James.M.Moore2@uscg.mil. SUPPLEMENTARY INFORMATION: The Connecticut Department of Transportation, on behalf of MetroNorth Railroad, the owner of the bridge, requested a temporary deviation in order to facilitate repairs to the headblocks in the movable span. The Metro-North (Devon) Bridge across the Housatonic River, mile 3.9 at Stratford, Connecticut offers mariners a vertical clearance of 19 feet at mean high water and 25 feet at mean low water in the closed position. Horizontal clearance is 83 feet. The existing drawbridge regulations are listed at 33 CFR 117.207(b). This temporary deviation will allow the draw of the Devon Railroad Bridge to remain closed on weekdays on a weekly basis from 8 a.m. September 11, 2017 through 2 p.m. October 6, 2017 with openings offered on weekends when 24 hours of advance notice is provided. SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Under this temporary deviation the Metro-North (Devon) Bridge will operate as follows: a. The draw will remain closed for all vessels that would otherwise require and opening from 8 a.m. on Monday, September 11, 2017, through 2 p.m. Friday, September 15, 2017. This closure will repeat Monday through Friday of each week until October 6, 2017. b. The draw will open on 24 hours advance notice for all vessels requiring such an opening from 2 p.m. on Friday, September 15, 2017 through 8 a.m. on Monday, September 18, 2017, and repeat each Friday through Monday of each weekend until October 2, 2017. The waterway is largely transited by seasonal recreational traffic. Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass. The Coast Guard will inform waterway users through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so vessel operators are allowed the opportunity to arrange their transits so as to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: August 10, 2017. Christopher J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District. [FR Doc. 2017–17201 Filed 8–14–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2017–0720] Drawbridge Operation Regulation; China Basin, San Francisco, CA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the 3rd Street Drawbridge across China Basin, mile 0.0, at San Francisco, CA. The deviation is necessary to allow participants to SUMMARY: E:\FR\FM\15AUR1.SGM 15AUR1

Agencies

[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]


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

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.

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

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 http://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