Drawbridge Operation Regulation Canaveral Barge Canal, Canaveral, FL, 4428-4430 [2018-01913]
Download as PDF
4428
Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Rules and Regulations
Item No.
Proposed fee
Current fee
Change in fee
Estimated annual
number of
applications 1
Estimated change
in annual fees
collected 1
*
Percentage
increase
*
Schedule of Fees for Consular Services
*
*
*
*
*
Passport and Citizenship Services
1. Passport Book or Card Execution: Required for first-time applicants and others who must
apply in person ..........................
$35
$25
$10
40
11,500,000
$115,000,000
Total .......................................
........................
........................
........................
........................
..............................
$115,000,000
*
1 Based
*
*
*
*
*
on projected FY 2018 workload.
As noted in the NPRM, the
Department of State does not anticipate
that demand for passport services
affected by this rule will change
significantly due to the fee change.
The Department does not believe that
passport application fees are a
significant determining factor when
Americans decide to travel
internationally. The price of a passport
book or card remains minor in
comparison with other costs associated
with foreign travel, given that taxes and
surcharges alone on international airfare
can easily surpass $100. As a result, the
Department does not believe passport
demand will be significantly affected by
the new fee.
Executive Order 13771
This rule is not an E.O. 13771
regulatory action because it is a transfer
rule that changes only the fee for a
service without imposing any new costs.
sradovich on DSK3GMQ082PROD with RULES
*
Executive Orders 12372 and 13132
This regulation will not have
substantial direct effects 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. Therefore, in
accordance with section 6 of Executive
Order 13132, it is determined that this
rule does not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
summary impact statement. The
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
federal programs and activities do not
apply to this regulation.
Executive Order 13175
The Department has determined that
this rulemaking will not have tribal
VerDate Sep<11>2014
16:53 Jan 30, 2018
Jkt 244001
implications, will not impose
substantial direct compliance costs on
Indian tribal governments, and will not
preempt tribal law. Accordingly, the
requirements of Executive Order 13175
do not apply to this rulemaking.
Paperwork Reduction Act
Information collection 1405–0004,
which relates to this rule, is approved
by OMB pursuant to the Paperwork
Reduction Act, 44 U.S.C. Chapter 35.
Other than the comments summarized
above, the Department received no
public comments regarding this
rulemaking. This information collection
has been renewed until August 31,
2019.
SCHEDULE OF FEES FOR CONSULAR
SERVICES
Item No.
Fee
Passport and Citizenship Services:
1. Passport Book or Card Execution: Required for first-time
applicants and others who
must apply in person .............
*
*
*
*
$35
*
Carl C. Risch,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. 2018–01809 Filed 1–30–18; 8:45 am]
BILLING CODE 4710–06–P
List of Subjects in 22 CFR Part 22
Consular Services, Fees, Passports.
Accordingly, 22 CFR part 22 is
amended as follows:
PART 22—SCHEDULE OF FEES FOR
CONSULAR SERVICES—
DEPARTMENT OF STATE AND
FOREIGN SERVICE
1. The authority citation for part 22 is
revised to read as follows:
■
Authority: 8 U.S.C. 1101 note, 1153 note,
1183a note, 1351, 1351 note, 1714, 1714 note;
10 U.S.C. 2602(c); 11 U.S.C. 1157 note; 22
U.S.C. 214, 214 note, 1475e, 2504(a), 2651a,
4201, 4206, 4215, 4219, 6551; 31 U.S.C. 9701;
Exec. Order 10,718, 22 FR 4632 (1957); Exec.
Order 11,295, 31 FR 10603 (1966).
2. In § 22.1, in the table, revise item
1 to read as follows:
■
§ 22.1
*
PO 00000
Schedule of fees.
*
*
Frm 00016
*
Fmt 4700
*
Sfmt 4700
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0161]
RIN 1625–AA09
Drawbridge Operation Regulation
Canaveral Barge Canal, Canaveral, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
SR 401 Drawbridges across the
Canaveral Barge Canal, mile 5.5, at Port
Canaveral, Florida. This modification is
necessary to reduce vehicular traffic
congestion and to ensure the safety of
roadways while passengers are
transiting to and from the cruise ship
terminals. Since the arrival of additional
cruise ships to the Port of Canaveral,
traffic back-ups have been caused by the
SUMMARY:
E:\FR\FM\31JAR1.SGM
31JAR1
Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Rules and Regulations
on demand drawbridge openings. This
modification allows the bridges to not
open to navigation during prime cruise
ship passenger loading and unloading
times on Saturdays and Sundays.
DATES: This rule is effective March 2,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0161. 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 LT Allan Storm, Sector
Jacksonville, Waterways Management
Division, U.S. 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
Pub. L. Public Law
§ Section
FL Florida
SR State Route
MHW Mean High Water
U.S.C. United States Code
sradovich on DSK3GMQ082PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 499.
The SR 401 Drawbridges across the
Canaveral Barge Canal, mile 5.5, at Port
Canaveral, FL are three parallel double
leaf bascule bridges that have a vertical
clearance of 25 feet at MHW in the
closed to navigation position and a
horizontal clearance of 90 feet between
the fender system. Presently, in
accordance with 33 CFR 117.273(b), the
bridges shall open on signal, except that
from 6:15 a.m. to 8 a.m. and 3:30 p.m.
to 5:15 p.m. Monday through Friday
except Federal holidays, the bridges
need not open and from 10 p.m. to 6
a.m. the bridges must open on signal if
at least three hours notice is given. The
bridges must open as soon as possible
for the passage of public vessels of the
Unites States and tugs with tows. The
16:53 Jan 30, 2018
Jkt 244001
IV. Discussion of Comments, Changes
and the Final Rule
The Coast Guard received three
comments to this rule stating that this
regulation is unnecessarily restrictive to
recreational boaters. All comments also
recommended that if the Coast Guard
moves forward with changing the
operating schedule, they should
consider allowing the bridge to open on
the hour during the 11 a.m. to 2 p.m.
closure. The Coast Guard has
considered this recommendation,
however, after analyzing vessel traffic
data versus vehicular traffic data, the
Coast Guard has determined that the
benefit of reducing vehicle traffic to
enhance the safety on the roadways,
without compromising the safety of
mariners, outweighs an inconvenience
to vessels transiting the waterway.
V. Regulatory Analyses
II. Background Information and
Regulatory History
On October 23, 2017, we published a
notice of proposed rulemaking from
drawbridge regulation with request for
comments entitled Drawbridge
Operation Regulations: Canaveral Barge
Canal, Canaveral, FL in the Federal
Register (82 FR 48940). We received
three comments on this rule.
VerDate Sep<11>2014
Canaveral Port Authority, with
concurrence from the bridge owner,
Florida Department of Transportation
requested the operating schedule be
changed to allow the bridges to not open
to navigation from 11 a.m. to 2 p.m. on
Saturdays and Sundays. This will
provide relief to the increase in vehicle
traffic congestion on the weekends
while meeting the reasonable needs of
navigation.
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 ability that vessels can
still transit the bridge before and after
the proposed periods. Vessels that can
pass under the bridge in the closed
position may continue to do so.
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Fmt 4700
Sfmt 4700
4429
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
E:\FR\FM\31JAR1.SGM
31JAR1
4430
Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Rules and Regulations
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.
sradovich on DSK3GMQ082PROD 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 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.
VerDate Sep<11>2014
16:53 Jan 30, 2018
Jkt 244001
List of Subjects in 33 CFR Part 117
7.2.3
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
*
Persistence/degradation.
*
*
*
*
7.3.3 Weighting of targets within an area of
subsurface contamination.
*
*
*
*
*
List of Figures, Figure number
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.
*
5–1
■
2. Amend § 117.273 by revising
paragraph (b) to read as follows:
■
§ 117.273
Canaveral Barge Canal.
*
*
*
*
*
(b) The drawspans of the SR401
Drawbridges, mile 5.5 at Port Canaveral,
must open on signal; except that, from
6:30 a.m. to 8 a.m. and 3:30 p.m. to 5:15
p.m. Monday through Friday except
Federal holidays and from 11 a.m. to 2
p.m. on Saturdays and Sundays, the
drawspans need not be opened for the
passage of vessels. From 10 p.m. to 6
a.m., the drawspans must open on
signal if at least three hours notice is
given. The drawspans must open as
soon as possible for the passage of
public vessels of the United States and
tugs with tows.
Dated: January 22, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
*
*
*
*
Overview of the soil exposure and
subsurface intrusion pathway.
*
*
*
*
List of Tables, Table number
5–1
5–2
*
*
*
*
Soil exposure component scoresheet.
Hazardous waste quantity evaluation
equations for soil exposure component.
*
*
*
*
*
5–11 Subsurface intrusion component
scoresheet.
5–12 Structure containment.
5–13 Depth to contamination.
5–14 Effective porosity/permeability of
geological materials.
5–15 Vertical migration factor values.
5–16 Values for vapor pressure and Henry’s
constant.
5–17 Vapor migration potential factor
values for a hazardous substance.
5–18 Degradation factor value table.
5–19 Hazardous waste quantity evaluation
equations for subsurface intrusion
component.
5–20 Health-based benchmarks for
hazardous substances in the subsurface
intrusion component.
5–21 Weighting factor values for
populations within an area of subsurface
contamination.
*
*
*
*
*
[FR Doc. 2018–01971 Filed 1–30–18; 8:45 am]
BILLING CODE 1301–00–D
[FR Doc. 2018–01913 Filed 1–30–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
Addition of a Subsurface Intrusion
Component to the Hazard Ranking
System
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 300 to 399, revised as
of July 1, 2017, on page 110, in the
Table of Contents to Appendix A to Part
300, revise the following headings:
Appendix A to Part 300—The Hazard
Ranking System
Table of Contents
*
*
*
*
PO 00000
*
*
Frm 00018
*
*
Fmt 4700
*
Sfmt 4700
Addition of a Subsurface Intrusion
Component to the Hazard Ranking
System
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 300 to 399, revised as
of July 1, 2017, on page 117, in
Appendix A to Part 300, the definition
of ‘‘source’’ is reinstated to read as
follows:
Appendix A to Part 300—The Hazard
Ranking System
*
1.1
*
7.1.1 Observed release/observed
contamination/observed exposure.
7.1.2 Potential to release/potential for
exposure.
*
40 CFR Part 300
*
*
*
*
*
*
Definitions
*
*
Source: Any area where a hazardous
substance has been deposited, stored,
disposed, or placed, plus those soils that
have become contaminated from migration of
a hazardous substance. Sources do not
include those volumes of air, ground water,
E:\FR\FM\31JAR1.SGM
31JAR1
Agencies
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Rules and Regulations]
[Pages 4428-4430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01913]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0161]
RIN 1625-AA09
Drawbridge Operation Regulation Canaveral Barge Canal, Canaveral,
FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the SR 401 Drawbridges across the Canaveral Barge Canal, mile
5.5, at Port Canaveral, Florida. This modification is necessary to
reduce vehicular traffic congestion and to ensure the safety of
roadways while passengers are transiting to and from the cruise ship
terminals. Since the arrival of additional cruise ships to the Port of
Canaveral, traffic back-ups have been caused by the
[[Page 4429]]
on demand drawbridge openings. This modification allows the bridges to
not open to navigation during prime cruise ship passenger loading and
unloading times on Saturdays and Sundays.
DATES: This rule is effective March 2, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0161. 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 LT Allan Storm, Sector Jacksonville, Waterways Management
Division, U.S. Coast Guard; telephone 904-714-7616, email
[email protected].
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
FL Florida
SR State Route
MHW Mean High Water
U.S.C. United States Code
II. Background Information and Regulatory History
On October 23, 2017, we published a notice of proposed rulemaking
from drawbridge regulation with request for comments entitled
Drawbridge Operation Regulations: Canaveral Barge Canal, Canaveral, FL
in the Federal Register (82 FR 48940). We received three 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 SR 401 Drawbridges across the Canaveral Barge Canal, mile 5.5,
at Port Canaveral, FL are three parallel double leaf bascule bridges
that have a vertical clearance of 25 feet at MHW in the closed to
navigation position and a horizontal clearance of 90 feet between the
fender system. Presently, in accordance with 33 CFR 117.273(b), the
bridges shall open on signal, except that from 6:15 a.m. to 8 a.m. and
3:30 p.m. to 5:15 p.m. Monday through Friday except Federal holidays,
the bridges need not open and from 10 p.m. to 6 a.m. the bridges must
open on signal if at least three hours notice is given. The bridges
must open as soon as possible for the passage of public vessels of the
Unites States and tugs with tows. The Canaveral Port Authority, with
concurrence from the bridge owner, Florida Department of Transportation
requested the operating schedule be changed to allow the bridges to not
open to navigation from 11 a.m. to 2 p.m. on Saturdays and Sundays.
This will provide relief to the increase in vehicle traffic congestion
on the weekends while meeting the reasonable needs of navigation.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard received three comments to this rule stating that
this regulation is unnecessarily restrictive to recreational boaters.
All comments also recommended that if the Coast Guard moves forward
with changing the operating schedule, they should consider allowing the
bridge to open on the hour during the 11 a.m. to 2 p.m. closure. The
Coast Guard has considered this recommendation, however, after
analyzing vessel traffic data versus vehicular traffic data, the Coast
Guard has determined that the benefit of reducing vehicle traffic to
enhance the safety on the roadways, without compromising the safety of
mariners, outweighs an inconvenience to vessels transiting the
waterway.
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 ability that
vessels can still transit the bridge before and after the proposed
periods. Vessels that can pass under the bridge in the closed position
may continue to do so.
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
[[Page 4430]]
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 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. Amend Sec. 117.273 by revising paragraph (b) to read as follows:
Sec. 117.273 Canaveral Barge Canal.
* * * * *
(b) The drawspans of the SR401 Drawbridges, mile 5.5 at Port
Canaveral, must open on signal; except that, from 6:30 a.m. to 8 a.m.
and 3:30 p.m. to 5:15 p.m. Monday through Friday except Federal
holidays and from 11 a.m. to 2 p.m. on Saturdays and Sundays, the
drawspans need not be opened for the passage of vessels. From 10 p.m.
to 6 a.m., the drawspans must open on signal if at least three hours
notice is given. The drawspans must open as soon as possible for the
passage of public vessels of the United States and tugs with tows.
Dated: January 22, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2018-01913 Filed 1-30-18; 8:45 am]
BILLING CODE 9110-04-P