Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Palm Beach, FL, 47560-47562 [2018-20500]
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47560
Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations
I. Table of Abbreviations
are fortified with greater than or equal
to 100 mg of calcium per 240 mL,
excluding fruit juice drinks that are
specially formulated or processed for
infants.
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CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
FL Florida
FDOT Florida Department of
Transportation
AICW Atlantic Intracoastal Waterway
Dated: September 13, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–20375 Filed 9–19–18; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0273]
RIN 1625–AA09
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway, Palm
Beach, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
operation of the Flagler Memorial (SR
A1A) Bridge, mile 1021.8, the Royal
Park (SR 704) Bridge, mile 1022.6, and
the Southern Boulevard (SR 700/80)
Bridge, mile 1024.7, across the Atlantic
Intracoastal Waterway, at West Palm
Beach, Florida. This modification
allows the Flagler Memorial, Royal Park
and Southern Boulevard Bridges to
operate on alternative schedules when
the President of the United States,
members of the First Family, or other
persons under the protection of the
Secret Service visit Mar-a-Lago. The
modifications are necessary to
accommodate the increase in vehicular
traffic when the presidential motorcade
is in transit.
DATES: This rule is effective on
September 20, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2017–0273 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 CWO4 Robert Wooten, Coast
Guard Sector Miami, FL, Waterways
Management Division, telephone 305–
535–4311, email robert.a.wooten@
uscg.mil.
SUPPLEMENTARY INFORMATION:
tkelley on DSKBCP9HB2PROD with RULES2
SUMMARY:
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II. Background Information and
Regulatory History
On August 17, 2017, the Coast Guard
published a notice of deviation from
drawbridge regulation with request for
comments in the Federal Register (82
FR 39019) to test proposed changes.
Three comments were received. Due to
delays in processing this proposed
regulatory change, on March 6, 2018,
the Coast Guard published a notice of
deviation from regulations with request
for comments extension in the Federal
Register (82 FR 9431) to allow for
additional time for the public to
comment. One comment was received.
On May 21, 2018, the Coast Guard
published a notice of proposed
rulemaking (NPRM) entitled Drawbridge
Operation Regulation; Atlantic
Intracoastal Waterway, Palm Beach, FL
in the Federal Register (83 FR 23398).
No comments were received. Due to
delays in processing this regulatory
change, on June 25, 2018, the Coast
Guard published a notice of deviation
from regulations with request for
comments extension in the Federal
Register (83 FR 29438) to allow
additional time for public comment and
to evaluate the changes to the operating
schedules with the establishment of the
Presidential Security Zone (82 FR
17295). No comments were received.
We are issuing rule under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective in less than 30 days after
publication in the Federal Register. The
notice of deviation published in the
Federal Register (83 FR 29438) expires
on August 29, 2018 and this rule must
be in effect immediately thereafter.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499. The
Flagler Memorial (SR A1A) Bridge, mile
1021.8, across the AICW (Lake Worth
Lagoon) at West Palm Beach, Florida is
a double-leaf bascule bridge that has a
vertical clearance of 22 feet at mean
high water in the closed position. The
Royal Park (SR 704) Bridge, mile 1022.6,
across the AICW (Lake Worth Lagoon) at
West Palm Beach, Florida is a double-
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leaf bascule bridge that has a vertical
clearance of 21 feet at mean high water
in the closed position. The Southern
Boulevard (SR 700/80) Bridge, mile
1024.7, across the AICW (Lake Worth
Lagoon) at West Palm Beach, Florida is
under construction, a temporary lift
bridge is in place that has a vertical
clearance of 14 feet at mean high water
in the closed position and a 65 foot
vertical clearance in the open position.
The existing regulations are published
in 33 CFR 117.261(u), Flagler Memorial
Bridge, § 117.261(v) Royal Park Bridge,
and § 117.261(w) Southern Boulevard
Bridge.
The bridge owner, Florida Department
of Transportation, requested changes to
the drawbridge operating schedules to
better facilitate orderly vehicle traffic
flow across the Flagler Memorial, Royal
Park and Southern Boulevard bridges
when the President of the United States,
members of the First Family, or other
persons under the protection of the
Secret Service visit Mar-a-Lago. The
increase in traffic congestion occurs
when the Presidential Security Zone (82
FR 17295) is enforced which closes the
Southern Boulevard Bridge when the
presidential motorcade is in transit.
This action requires through traffic to
use the Flagler Memorial and Royal Park
Bridges.
IV. Discussion of Comments, Changes
and the Final Rule
As noted above, we received four
comments total on the two notices of
deviation published on August 17, 2017
and March 6, 2018, respectively. Of the
four comments received, one was a
political statement with no relevance on
the proposed regulation. Three of the
four comments received were in favor of
the regulation. Two of the comments in
favor of the regulation suggested the
changes be made permanent regardless
of presidential visits. The Coast Guard
has considered this recommendation,
however, making the modified operating
schedule permanent would place an
unreasonable burden on navigation and
potentially have a negative impact on
safe navigation. The modified schedule
is only in effect when uninterrupted
transit of dignitaries are crossing the
Southern Boulevard Bridge. While
vessels may have to wait up to an hour,
it is only during the weekdays and for
a short period.
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
E:\FR\FM\20SER1.SGM
20SER1
Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations
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 able
to pass through the Flagler Memorial
and Royal Park Bridges in the closed
position may do so at any time. The
bridges will be able to open for
emergencies. The Southern Boulevard
Bridge will be under the control of the
on-scene designated representative
when the Presidential Security Zone is
enforced.
tkelley on DSKBCP9HB2PROD with RULES2
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 zero
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
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listed in the FOR FURTHER INFORMATION
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.
CONTACT,
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.
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47561
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
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. Amend § 117.261 by revising
paragraphs (u), (v), and (w) to read as
follows:
■
§ 117.261 Atlantic Intracoastal Waterway
From St. Marys River to Key Largo.
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(u) Flagler Memorial (SR A1A) Bridge,
mile 1021.8, at West Palm Beach. (1)
The draw shall open on the quarter and
three-quarter hour.
(2) When the security zone is
enforced, the draw is allowed to remain
closed to navigation from 2:15 p.m. to
5:30 p.m. with the exception of a once
an hour opening at 2:15 p.m., 3:15 p.m.,
4:15 p.m. and 5:15 p.m., weekdays only,
if vessels are requesting an opening. At
all other times the draw shall open on
the quarter and three-quarter hour.
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Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations
(v) Royal Park (SR 704) Bridge, mile
1022.6, at West Palm Beach. (1) The
draw shall open on the hour and halfhour.
(2) When the security zone is
enforced, the draw is allowed to remain
closed to navigation from 2:15 p.m. to
5:30 p.m. with the exception of a once
an hour opening at 2:30 p.m., 3:30 p.m.,
4:30 p.m. and 5:30 p.m., weekdays only,
if vessels are requesting an opening. At
all other times the draw shall open on
the hour and half-hour.
(w) Southern Boulevard (SR 700/80)
Bridge, mile 1024.7, at West Palm
Beach. (1) The draw shall open on the
quarter and three-quarter hour.
(2) When the security zone is
enforced, the draw may be closed
without advance notice to permit
uninterrupted transit of dignitaries
across the bridge. At all other times the
bridge shall open on the quarter and
three-quarter hour, or as directed by the
on-scene designated representative.
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Dated: August 31, 2018.
James A. Passarelli,
Captain, U.S. Coast Guard Commander,
Seventh Coast Guard District, Acting.
[FR Doc. 2018–20500 Filed 9–19–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0860]
RIN 1625–AA00
Safety Zone; C&S Worldwide Holdings
Inc. Fireworks, Lake Ontario, Oswego,
NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 280-foot
radius of the launch site located at 104
Bayshore Rd., Oswego, NY. This safety
zone is intended to restrict vessels form
portions of Lake Ontario during the C&S
Worldwide Holdings Inc. fireworks
display. This temporary safety zone is
necessary to protect mariners and
vessels from the navigational hazards
associated with a fireworks display.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Buffalo.
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SUMMARY:
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Jkt 244001
This rule is effective from 7:30
p.m. until 8:30 p.m. on September 21,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0860 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LTJG Sean Dolan, Chief
Waterways Management Division, U.S.
Coast Guard; telephone 716–843–9322,
email D09-SMB-SECBuffalo-WWM@
uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553 (b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
event sponsor did not submit notice to
the Coast Guard with sufficient time
remaining before the event to publish an
NPRM. Delaying the effective date
would be contrary to the rule’s
objectives of enhancing safety of life on
the navigable water and protection of
persons and vessels in vicinity of the
fireworks display.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date
would be contrary to the rule’s
objectives of enhancing safety of life on
the navigable waters and protection of
persons and vessels in vicinity of the
fireworks display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C 1231. The
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Captain of the Port Buffalo (COTP) has
determined that a fireworks display
presents significant risks to the public
safety and property. Such hazards
include premature and accidental
detonations, dangerous projectiles, and
falling or burning debris. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the fireworks display takes place.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone on September 21, 2018, from
7:30 p.m. until 8:30 p.m. The safety
zone will encompass all waters of Lake
Ontario, Oswego, NY contained within
a 280-foot radius of: 43°30′43.30″ N,
76°26′2.70″ W.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Buffalo or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16.
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 protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 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, this rule 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 conclusion that this rule
is not a significant regulatory action. We
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced for a
relatively short time. Also, the safety
zone has been designed to allow vessels
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]]>Agencies
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47560-47562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20500]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0273]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Palm Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the operation of the Flagler Memorial (SR A1A) Bridge, mile
1021.8, the Royal Park (SR 704) Bridge, mile 1022.6, and the Southern
Boulevard (SR 700/80) Bridge, mile 1024.7, across the Atlantic
Intracoastal Waterway, at West Palm Beach, Florida. This modification
allows the Flagler Memorial, Royal Park and Southern Boulevard Bridges
to operate on alternative schedules when the President of the United
States, members of the First Family, or other persons under the
protection of the Secret Service visit Mar-a-Lago. The modifications
are necessary to accommodate the increase in vehicular traffic when the
presidential motorcade is in transit.
DATES: This rule is effective on September 20, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2017-0273 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 CWO4 Robert Wooten, Coast Guard Sector Miami, FL,
Waterways Management Division, telephone 305-535-4311, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
FL Florida
FDOT Florida Department of Transportation
AICW Atlantic Intracoastal Waterway
II. Background Information and Regulatory History
On August 17, 2017, the Coast Guard published a notice of deviation
from drawbridge regulation with request for comments in the Federal
Register (82 FR 39019) to test proposed changes. Three comments were
received. Due to delays in processing this proposed regulatory change,
on March 6, 2018, the Coast Guard published a notice of deviation from
regulations with request for comments extension in the Federal Register
(82 FR 9431) to allow for additional time for the public to comment.
One comment was received. On May 21, 2018, the Coast Guard published a
notice of proposed rulemaking (NPRM) entitled Drawbridge Operation
Regulation; Atlantic Intracoastal Waterway, Palm Beach, FL in the
Federal Register (83 FR 23398). No comments were received. Due to
delays in processing this regulatory change, on June 25, 2018, the
Coast Guard published a notice of deviation from regulations with
request for comments extension in the Federal Register (83 FR 29438) to
allow additional time for public comment and to evaluate the changes to
the operating schedules with the establishment of the Presidential
Security Zone (82 FR 17295). No comments were received.
We are issuing rule under 5 U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making this rule effective in less than 30
days after publication in the Federal Register. The notice of deviation
published in the Federal Register (83 FR 29438) expires on August 29,
2018 and this rule must be in effect immediately thereafter.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Flagler Memorial (SR A1A) Bridge, mile 1021.8, across the AICW
(Lake Worth Lagoon) at West Palm Beach, Florida is a double-leaf
bascule bridge that has a vertical clearance of 22 feet at mean high
water in the closed position. The Royal Park (SR 704) Bridge, mile
1022.6, across the AICW (Lake Worth Lagoon) at West Palm Beach, Florida
is a double-leaf bascule bridge that has a vertical clearance of 21
feet at mean high water in the closed position. The Southern Boulevard
(SR 700/80) Bridge, mile 1024.7, across the AICW (Lake Worth Lagoon) at
West Palm Beach, Florida is under construction, a temporary lift bridge
is in place that has a vertical clearance of 14 feet at mean high water
in the closed position and a 65 foot vertical clearance in the open
position. The existing regulations are published in 33 CFR 117.261(u),
Flagler Memorial Bridge, Sec. 117.261(v) Royal Park Bridge, and Sec.
117.261(w) Southern Boulevard Bridge.
The bridge owner, Florida Department of Transportation, requested
changes to the drawbridge operating schedules to better facilitate
orderly vehicle traffic flow across the Flagler Memorial, Royal Park
and Southern Boulevard bridges when the President of the United States,
members of the First Family, or other persons under the protection of
the Secret Service visit Mar-a-Lago. The increase in traffic congestion
occurs when the Presidential Security Zone (82 FR 17295) is enforced
which closes the Southern Boulevard Bridge when the presidential
motorcade is in transit. This action requires through traffic to use
the Flagler Memorial and Royal Park Bridges.
IV. Discussion of Comments, Changes and the Final Rule
As noted above, we received four comments total on the two notices
of deviation published on August 17, 2017 and March 6, 2018,
respectively. Of the four comments received, one was a political
statement with no relevance on the proposed regulation. Three of the
four comments received were in favor of the regulation. Two of the
comments in favor of the regulation suggested the changes be made
permanent regardless of presidential visits. The Coast Guard has
considered this recommendation, however, making the modified operating
schedule permanent would place an unreasonable burden on navigation and
potentially have a negative impact on safe navigation. The modified
schedule is only in effect when uninterrupted transit of dignitaries
are crossing the Southern Boulevard Bridge. While vessels may have to
wait up to an hour, it is only during the weekdays and for a short
period.
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
[[Page 47561]]
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 able to pass through the Flagler Memorial and Royal Park
Bridges in the closed position may do so at any time. The bridges will
be able to open for emergencies. The Southern Boulevard Bridge will be
under the control of the on-scene designated representative when the
Presidential Security Zone is enforced.
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 zero 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 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. 117.261 by revising paragraphs (u), (v), and (w) to read
as follows:
Sec. 117.261 Atlantic Intracoastal Waterway From St. Marys River to
Key Largo.
* * * * *
(u) Flagler Memorial (SR A1A) Bridge, mile 1021.8, at West Palm
Beach. (1) The draw shall open on the quarter and three-quarter hour.
(2) When the security zone is enforced, the draw is allowed to
remain closed to navigation from 2:15 p.m. to 5:30 p.m. with the
exception of a once an hour opening at 2:15 p.m., 3:15 p.m., 4:15 p.m.
and 5:15 p.m., weekdays only, if vessels are requesting an opening. At
all other times the draw shall open on the quarter and three-quarter
hour.
[[Page 47562]]
(v) Royal Park (SR 704) Bridge, mile 1022.6, at West Palm Beach.
(1) The draw shall open on the hour and half-hour.
(2) When the security zone is enforced, the draw is allowed to
remain closed to navigation from 2:15 p.m. to 5:30 p.m. with the
exception of a once an hour opening at 2:30 p.m., 3:30 p.m., 4:30 p.m.
and 5:30 p.m., weekdays only, if vessels are requesting an opening. At
all other times the draw shall open on the hour and half-hour.
(w) Southern Boulevard (SR 700/80) Bridge, mile 1024.7, at West
Palm Beach. (1) The draw shall open on the quarter and three-quarter
hour.
(2) When the security zone is enforced, the draw may be closed
without advance notice to permit uninterrupted transit of dignitaries
across the bridge. At all other times the bridge shall open on the
quarter and three-quarter hour, or as directed by the on-scene
designated representative.
* * * * *
Dated: August 31, 2018.
James A. Passarelli,
Captain, U.S. Coast Guard Commander, Seventh Coast Guard District,
Acting.
[FR Doc. 2018-20500 Filed 9-19-18; 8:45 am]
BILLING CODE 9110-04-P
