Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Fort Pierce, FL, 37810-37811 [2019-16478]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Proposed Rules]
[Pages 37810-37811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16478]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0729]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
Fort Pierce, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the A1A North Causeway Bridge across the Atlantic Intracoastal 
Waterway (AICW), mile 964.8 at Fort Pierce, St Lucie County, FL. This 
proposed action would eliminate the on-demand drawbridge openings. This 
proposed action is intended to reduce vehicular traffic congestion and 
provide scheduled openings for the bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before September 3, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0729 using Federal e-Rulemaking Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email LT Samuel Rodriguez-Gonzalez, Sector Miami 
Waterways Management Division, U.S. Coast Guard; telephone 305-535-
4307, 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
AICW Atlantic Intracoastal Waterway
FL Florida
FDOT Florida Department of Transportation

II. Background, Purpose and Legal Basis

    The Florida Department of Transportation (FDOT), who owns and 
operates the A1A North Causeway Bridge, has requested a rule to allow 
for scheduled drawbridge openings. There has been an increase in 
vehicular traffic over the bridge in recent years due to residential 
development along the beach.
    The exisiting A1A North Causeway Bridge across the AICW, mile 964.8 
in Fort Pierce, St Lucie County, FL is a bascule bridge. It has a 
vertical clearance of 26 feet at mean high water in the closed position 
and a horizontal clearance of 90 feet. The bridge currently operates 
under 33 CFR 117.5.
    On August 30, 2018, the Coast Guard published a Test Deviation 
entitled Drawbridge Operation Regulation; Atlantic Intracoastal 
Waterway, Fort Pierce, FL in the Federal Register (83 FR 44233). We 
received 113 comments.
    During the test, the majority of comments received were in support 
of scheduled openings. However, most felt that the bridge was still 
opening too frequently. A review of the bridge tender logs did not 
support the claim that the bridge was opening too frequently. The logs 
did show, however, that openings tended to be twice per hour as opposed 
to three times per hour. In addition, the majority of comments 
recommended scheduled openings during the evening and on weekends.
    In response to all of the comments from the original Test 
Deviation, on March 21, 2019, the Coast Guard published an alternate 
Test Deviation entitled Drawbridge Operation Regulation; Atlantic 
Intracoastal Waterway, Fort Pierce, FL in the Federal Register (84 FR 
10411). This test deviation was issued to determine if an alternate 
operating schedule to the previous test deviation is appropriate to 
better balance the needs of marine and vehicle traffic. We received 33 
comments.
    During this test, all comments were in favor of the alternate 
operating schedule that included around the clock scheduled weekday and 
weekend openings.

III. Discussion of Proposed Rule

    The proposed rule will allow the drawbridge to be placed on a 
regular operating schedule. Under this proposed regulation, the draw of 
the A1A North Causeway Bridge would open on the hour and half-hour.
    This proposed change would still allow vessels that can transit 
under the bridge, without an opening, to do so at any time while taking 
into account the reasonable needs of other modes of transportation. 
Vessels in distress, public vessels of the United States, and tugs with 
tows must be passed at any time.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 twice an hour, and vessels that 
can transit under the bridge without an opening may do so at any time. 
Vessels in distress, public vessels of the United States and tugs with 
tows will be allowed to pass at any time.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 IV.A 
above, this proposed rule would not have a

[[Page 37811]]

significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, U.S. Coast Guard Environmental Planning 
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental 
Planning Implementation Procedures (series) which guide the Coast Guard 
in complying with the National Environmental Policy Act of 1969 
(NEPA)(42 U.S.C. 4321-4370f). We have made a preliminary determination 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This proposed rule promulgates the operating regulations 
or procedures for drawbridges. Normally this action is categorically 
excluded from further review, under paragraph L49, of Chapter 3, 
Table3-1 of the U.S. Coast Guard Environmental Planning Implementation 
Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; DHS Delegation No. 
0170.1.

0
2. Amend Sec.  117.261 by adding paragraph (n) to read as follows:


Sec.  117.261   Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (n) A1A North Causeway Bridge, mile 964.8 at Fort Pierce. The draw 
shall open on the hour and half-hour.
* * * * *

     Dated: July 22, 2019.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District.
[FR Doc. 2019-16478 Filed 8-1-19; 8:45 am]
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