Drawbridge Operation Regulation; Rice Creek, Putnam County, FL, 41889-41891 [2017-18708]
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Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations
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.
mstockstill on DSK30JT082PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a determination that this
action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32)(e), of the
Instruction.
A 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.
VerDate Sep<11>2014
16:52 Sep 01, 2017
Jkt 241001
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. In § 117.911, revise paragraph (f) to
read as follows:
■
§ 117.911 Atlantic Intracoastal Waterway,
Little River to Savannah River.
*
*
*
*
*
(f) The Lady’s Island Bridge (Woods
Memorial), across the Beaufort River,
Mile 536.0 at Beaufort. The draw shall
operate as follows:
(1) On Monday through Friday, except
Federal holidays:
(i) From 6:30 a.m. to 9 a.m. and 3 p.m.
to 6 p.m., the draw need not open to
navigation; and,
(ii) Between 9 a.m. to 3 p.m., the draw
need open only on the hour.
(2) During the months of April, May,
October, and November from Monday
through Friday, except Federal holidays,
the Lady’s Island Bridge (Woods
Memorial) shall operate as follows:
(i) From 7 a.m. to 9 a.m. and 4 p.m.
to 6 p.m., the draw need not open to
navigation; and,
(ii) Between 9 a.m. to 4 p.m., the draw
need open only on the hour and halfhour.
(3) At all other times the draw shall
open on signal.
Dated: August 22, 2017.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2017–18709 Filed 9–1–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0523]
RIN 1625–AA09
Drawbridge Operation Regulation; Rice
Creek, Putnam County, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
CSX Railroad Bridge across the Rice
SUMMARY:
PO 00000
Frm 00065
Fmt 4700
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41889
Creek, mile 0.8, in Palatka, Putnam
County, FL. This rule will change the
existing open on demand during the day
and 24 hour advance notice for a bridge
opening during the night, to 24 hour
advance notice for an opening at all
times.
DATES: This rule is effective October 5,
2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0523. 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, 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
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On November 11, 2016 we published
a notice of proposed rulemaking
(NPRM) entitled Operation Regulation;
Rice Creek, Putnam County, FL in the
Federal Register (81 FR 78952). We
received 2 comments on this rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 499.
The CSX Railroad Bridge across the
Rice Creek, mile 0.8, in Palatka, Putnam
County, FL is a swing bridge. It has a
vertical clearance of 2 feet at mean high
water in the closed position and a
horizontal clearance of 30 feet.
Presently, in accordance with 33 CFR
117.324, the Rice Creek CSX Railroad
Swing Bridge is required to open on
signal for the passage of vessels from 8
a.m. to 4 p.m., daily. From 4:01 p.m. to
7:59 a.m., daily, the bridge shall open
with a 24-hour advance notice to CSX.
On May 18th, 2015, CSX
Transportation, the bridge owner,
requested the Coast Guard consider
allowing the CSX Railroad Bridge across
Rice Creek to be converted from a
movable bridge to a fixed bridge. Their
request was made due to the minimal
drawbridge openings requested over the
past several years. The Coast Guard
determined that converting the bridge to
a fixed structure was not reasonable to
E:\FR\FM\05SER1.SGM
05SER1
41890
Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations
navigation, because it would restrict
most vessels from using the waterway at
all. CSX then requested modifying the
bridge operations to 24 hour advance
notice at all times. CSX provided the
Coast Guard a summary of bridge
opening logs that show eight openings
in 2015, three openings in 2014, and
three openings in 2013.
This change will still allow vessels to
pass through the bridge while taking
into account the reasonable needs of
other modes of transportation. This rule
would implement a 24 hour advance
notice to CSX for any openings. This
regulatory change is justified based on
the limited impact that it will have on
vessel traffic as shown by the small
number of openings requested over
recent years. Emergency vessels and
tugs with tows can still request
openings at any time.
IV. Discussion of Comments, Changes
and the Final Rule
There were two comments received
during the comment period. One
comment from the Sheriff’s Department
concerned not being able to respond to
possible emergencies up-river from the
bridge. This is mitigated by protocols
established between the Sheriff’s
Department and CSX for emergency
openings. The second comment was via
letter from the Brotherhood of
Maintenance of Way Employees
Division (BMWED). The concerns were
multifold concerning; security and
maintenance. These were all submitted
to CSX and answered to the satisfaction
of BMWED.
mstockstill on DSK30JT082PROD 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
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.
VerDate Sep<11>2014
16:52 Sep 01, 2017
Jkt 241001
This regulatory action determination
is based on the continued ability for
vessels to transit the bridge given
advanced notice and the small amount
of vessel traffic transiting the bridge in
general.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rule. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small
entities.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section V.A above, this rule
will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
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
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.
E:\FR\FM\05SER1.SGM
05SER1
Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations
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:
■
I. Table of Abbreviations
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Revise § 117.324 to read as follows:
§ 117.324
Rice Creek.
The CSX Railroad Swing Bridge, mile
0.8, in Putnam County, FL. shall open
with a 24-hour advance notice to CSX
at 1–800–232–0142.
P.J. Brown,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2017–18708 Filed 9–1–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0330]
RIN 1625–AA09
Drawbridge Operation Regulation; Gulf
Intracoastal Waterway, Sarasota, FL
Coast Guard, DHS.
ACTION: Final rule.
AGENCY:
The Coast Guard is modifying
the operating schedule of four bridges
across the Gulf Intracoastal Waterway
(GICW); Stickney Point Drawbridge,
mile 68.6, Siesta Drive Drawbridge, mile
71.6, Cortez Drawbridge, mile, 87.4, and
Anna Maria Drawbridge, mile 89.2, in
Sarasota, FL. The request was made to
the Coast Guard to change the operation
of four drawbridges due to an increase
in vehicle traffic throughout these areas
at all times of the year. This rulemaking
would change the bridges’ operating
mstockstill on DSK30JT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:52 Sep 01, 2017
Jkt 241001
schedules from a three times an hour
opening schedule to a twice an hour
opening schedule throughout the year.
DATES: This rule is effective October 5,
2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0330. 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 about this rule, call
or email, Ms. Jennifer Zercher with the
Seventh Coast Guard District Bridge
Office; telephone (305) 415–6740, email
Jennifer.N.Zercher@uscg.mil.
SUPPLEMENTARY INFORMATION:
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
GICW Gulf Intracoastal Waterway
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On February 13, 2017, we published
a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation
Regulation; Gulf Intracoastal Waterway,
Sarasota, FL in the Federal Register (82
FR 10444). We received 125 comments
on this rule. 118 comments were in
favor of this regulation change and 7
were against this change.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 499.
Stickney Point Bridge across the
GICW, mile 68.6, at South Sarasota,
Florida is a bascule bridge. This
drawbridge has a vertical clearance of
18 feet in the closed position and a
horizontal clearance of 90 feet between
fenders. Presently, in accordance with
33 CFR 117.5, the Stickney Point Bridge
is required to open on demand.
Siesta Drive Bridge across the GICW,
mile 71.6, at Sarasota, Florida is a
bascule bridge. This drawbridge has a
vertical clearance of 25 feet in the
closed position and a horizontal
clearance of 90 feet between fenders.
Presently, in accordance with 33 CFR
117.287(c), the Siesta Drive Bridge is
required to open on signal, except that
from 6 a.m. to 7 p.m., the draw need
only open on the hour, twenty minutes
past the hour and forty minutes past the
hour. On weekends and Federal
holidays, from 11 a.m. to 6 p.m., the
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Frm 00067
Fmt 4700
Sfmt 4700
41891
draw need open only on the hour,
twenty minutes past the hour and forty
minutes past the hour.
Cortez (SR 684) Bridge across the
GICW, mile 87.4, at Bradenton Beach,
Florida is a bascule bridge. This
drawbridge has a vertical clearance of
22 feet in the closed position and a
horizontal clearance of 90 feet between
fenders. Presently, in accordance with
33 CFR 117.287 (d)(1), the Cortez (SR
684) Bridge is required to open on
signal, except that from 6 a.m. to 7 p.m.,
the draw need only open on the hour,
20 minutes after the hour, and 40
minutes after the hour. From January 15
to May 15, from 6 a.m. to 7 p.m., the
draw need only open on the hour and
half hour.
Anna Maria (SR 64) (Manatee Avenue
West) Bridge, mile 89.2, at Bradenton
Beach, Florida is a bascule bridge. This
drawbridge has a vertical clearance of
24 feet in the closed position and a
horizontal clearance of 90 feet between
fenders. Presently, in accordance with
33 CFR 117.287(d)(2), the Anna Maria
(SR 64) (Manatee Avenue West) Bridge
is required to open on signal, except
that from 6 a.m. to 7 p.m., the draw
need only open on the hour, 20 minutes
after the hour, and 40 minutes after the
hour. From January 15 to May 15, from
6 a.m. to 7 p.m., the draw need only
open on the hour and half hour.
The Metropolitan Planning Office for
Sarasota and Manatee Counties, along
with the concurrence of the local
mayors, have requested that the Coast
Guard consider changing the bridge
operating regulations for four bridges in
this area to accommodate a year-round
increase of vehicular traffic. In the past,
increased traffic was only associated
with the tourist season. For this reason,
the Coast Guard is modifying the four
bridge schedules to provide for both the
reasonable needs of navigation and
those of land transportation. The bridge
owner, Florida Department of
Transportation, concurs with these
recommendations.
IV. Discussion of Comments, Changes
and the Final Rule
There were seven comments opposing
the final rule. Six comments were
against modifying the existing schedule
and one comment suggested that even
with this modified schedule the bridge
will still open too often. Not allowing
these bridges to open at least twice an
hour would place an undue burden on
the marine community. Two of the
comments suggested the City/County/
State should look into putting in higher
level bridges and do a traffic
management study, as the problem is
traffic control, not the bridge openings.
E:\FR\FM\05SER1.SGM
05SER1
]]>Agencies
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Rules and Regulations]
[Pages 41889-41891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18708]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2016-0523]
RIN 1625-AA09
Drawbridge Operation Regulation; Rice Creek, Putnam County, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the CSX Railroad Bridge across the Rice Creek, mile 0.8, in
Palatka, Putnam County, FL. This rule will change the existing open on
demand during the day and 24 hour advance notice for a bridge opening
during the night, to 24 hour advance notice for an opening at all
times.
DATES: This rule is effective October 5, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0523. 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, 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
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On November 11, 2016 we published a notice of proposed rulemaking
(NPRM) entitled Operation Regulation; Rice Creek, Putnam County, FL in
the Federal Register (81 FR 78952). We received 2 comments on this
rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
499.
The CSX Railroad Bridge across the Rice Creek, mile 0.8, in
Palatka, Putnam County, FL is a swing bridge. It has a vertical
clearance of 2 feet at mean high water in the closed position and a
horizontal clearance of 30 feet. Presently, in accordance with 33 CFR
117.324, the Rice Creek CSX Railroad Swing Bridge is required to open
on signal for the passage of vessels from 8 a.m. to 4 p.m., daily. From
4:01 p.m. to 7:59 a.m., daily, the bridge shall open with a 24-hour
advance notice to CSX.
On May 18th, 2015, CSX Transportation, the bridge owner, requested
the Coast Guard consider allowing the CSX Railroad Bridge across Rice
Creek to be converted from a movable bridge to a fixed bridge. Their
request was made due to the minimal drawbridge openings requested over
the past several years. The Coast Guard determined that converting the
bridge to a fixed structure was not reasonable to
[[Page 41890]]
navigation, because it would restrict most vessels from using the
waterway at all. CSX then requested modifying the bridge operations to
24 hour advance notice at all times. CSX provided the Coast Guard a
summary of bridge opening logs that show eight openings in 2015, three
openings in 2014, and three openings in 2013.
This change will still allow vessels to pass through the bridge
while taking into account the reasonable needs of other modes of
transportation. This rule would implement a 24 hour advance notice to
CSX for any openings. This regulatory change is justified based on the
limited impact that it will have on vessel traffic as shown by the
small number of openings requested over recent years. Emergency vessels
and tugs with tows can still request openings at any time.
IV. Discussion of Comments, Changes and the Final Rule
There were two comments received during the comment period. One
comment from the Sheriff's Department concerned not being able to
respond to possible emergencies up-river from the bridge. This is
mitigated by protocols established between the Sheriff's Department and
CSX for emergency openings. The second comment was via letter from the
Brotherhood of Maintenance of Way Employees Division (BMWED). The
concerns were multifold concerning; security and maintenance. These
were all submitted to CSX and answered to the satisfaction of BMWED.
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 given advanced notice and the
small amount of vessel traffic transiting the bridge in general.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this rule.
[[Page 41891]]
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. 117.324 to read as follows:
Sec. 117.324 Rice Creek.
The CSX Railroad Swing Bridge, mile 0.8, in Putnam County, FL.
shall open with a 24-hour advance notice to CSX at 1-800-232-0142.
P.J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2017-18708 Filed 9-1-17; 8:45 am]
BILLING CODE 9110-04-P
