80 FR 56381 - Drawbridge Operation Regulation; Snake Creek, Islamorada, FL
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 181 (September 18, 2015)
Coast Guard
Federal Register Volume 80, Issue 181 (September 18, 2015)
| Page Range | 56381-56384 | |
| FR Document | 2015-23537 |
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)] [Rules and Regulations] [Pages 56381-56384] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23537] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0046] RIN 1625-AA09 Drawbridge Operation Regulation; Snake Creek, Islamorada, FL AGENCY: Coast Guard, DHS. ACTION: Temporary interim rule and request for comments. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is modifying the operating schedule that governs the Snake Creek Bridge across Snake Creek, Islamorada, FL. This temporary interim rule will change the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This temporary interim rule will allow Snake Creek Bridge to open on signal, except that from 8 a.m. to 6 p.m., the draw need open only on the hour. The Bridge owner, Florida Department of Transportation, and local officials requested this action to assist in reducing vehicle traffic caused by frequent bridge openings. DATES: This temporary interim rule will be effective from 8 a.m. on September 18, 2015 to 6 p.m. on May 10, 2016. Comments and related material must reach the Coast Guard on or before January 15, 2016. Requests for public meetings must be received by the Coast Guard on or before November 1, 2015. ADDRESSES: You may submit comments identified by docket number USCG- 2015-0046 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202-493-2251. (3) Mail or Delivery: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202-366-9329. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. To avoid duplication, please use only one of these methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary interim rule, call or email Coast Guard Sector Key West Waterways Management Division; telephone 305-292-8772, email [email protected]. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: Table of Acronyms CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register Sec. Section Symbol U.S.C. United States Code A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG-2015-0046), indicate the specific section of this document to which each comment applies, and give the reason for each suggestion or recommendation. You may submit your comments and material online, or by fax, mail or hand delivery, but please use only one of these means. If you submit a comment online via http://www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the [[Page 56382]] docket number [USCG-2015-0046] in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a Comment'' on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change this rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG-2015-0046) in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one on or before November 1, 2015, using one of the methods specified under ADDRESSES. Please explain why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. Regulatory History and Information On March 27, 2015, we published a test deviation entitled ``Drawbridge Operation Regulations; Snake Creek, Islamorada, FL'' in the Federal Register (80 FR 16280). The comment period for the test deviation remains open until September 14, 2015. The Coast Guard is issuing this temporary interim 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 delaying an amendment to the Snake Creek Bridge schedule would be impracticable and contrary to public interest. Pursuant to the temporary deviation published on March 27, 2015, the Snake Creek Bridge operating schedule was modified to determine if vehicular traffic congestion could be reduced while accommodating the reasonable needs of navigation. While the comment period for that deviation remains open, the Coast Guard is implementing this rule and seeks additional comment because the test deviation did not offer insight on the impacts of an alternate operating schedule during fall or winter months. Preliminary evidence shows that the revised schedule is beneficial to the commuting public and reverting to the schedule published in 33 CFR 117.331 may not be necessary to provide for the reasonable needs of navigation on Snake Creek. 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 Registerfor the same reasons discussed above. B. Basis and Purpose The Snake Creek Bridge in Islamorada, Florida has a vertical clearance of 27 feet in the closed position. The normal operating schedule as published in 33 CFR 117.331 is as follows: The draw of the Snake Creek Bridge, at Islamorada, Florida, shall open on signal, except that from 8 a.m. to 4 p.m., the draw need open only on the hour and half-hour. This schedule has been in effect since 2001. The Bridge owner, Florida Department of Transportation, and local officials requested a change in the operating schedule to assist in reducing vehicle traffic caused by frequent bridge openings. The Coast Guard initiated a test of a new schedule for the Snake Creek Bridge that was based on the following input: 1. As reported by village and city councils, vehicle traffic near the Snake Creek Bridge has negatively impacted Islamorada and surrounding communities during peak vehicle traffic time periods. A temporary deviation initiated a test of a new bridge operation schedule to reduce vehicle traffic caused by bridge openings. 2. On January 8-10, 2013, the Florida Department of Transportation conducted a traffic monitoring study 1400 feet south of the Snake Creek Bridge on US-1. The study found peak traffic volumes occurring at 8:45 a.m. and between 12:15 p.m. and 3:15 p.m. By reducing the number of scheduled openings between 8 a.m. and 6 p.m., this rule seeks to reduce vehicle traffic on US-1 while maintaining the reasonable needs of navigation on Snake Creek. The types of vessels navigating Snake Creek include sport fishing vessels and catamaran sailboats. During the test deviation, vessels signaled the bridge to open on the top of the hour from 8 a.m. to 6 p.m. Any vessel that can safely transit under the Snake Creek Bridge while closed may continue to navigate under the bridge during this deviation. Vessel operators may also consider the use of Channel Five, a navigable channel above Long Key, Florida 5.7 nautical miles southwest of Snake Creek Bridge. The fixed US-1 bridge across Channel Five has a vertical clearance of 65 feet. C. Discussion of the Temporary Interim Rule A test deviation published on March 27, 2015 allowed the Snake Creek Bridge to remain closed with the exception of on-demand openings once an hour schedule between 8 a.m. and 6 p.m. seven days a week. The deviation called for on-demand openings at all other times. The Coast Guard is initiating this temporary interim rule to allow the time necessary to review the impacts of the test schedule and how it will impact all modes of traffic during seasonal traffic. Comments on the temporary deviation as well as any others received during the temporary interim rule comment period may be used to determine if a final rule should be implemented to modify the operating schedule. D. Regulatory Analyses We developed this temporary interim rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders. [[Page 56383]] 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This rule is not a significant regulatory action because it allows for openings every hour and meets the reasonable needs of navigation while helping to decongest vehicular traffic on US-1. Vessels capable of transiting under the Bridge may do so at any time. 2. 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 rule will not have a significant economic impact on a substantial number of small entities. This action will not have a significant economic impact on a substantial number of small entities because it will allow for once an hour openings and vessels that can safely transit under the bridge may do so at any time. 3. Assistance for Small Entities 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. 4. 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). 5. Federalism 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 does not have implications for federalism. 6. 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. 7. 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. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments 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. 12. Energy Effects This rule is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 rule is categorically excluded, under figure 2-1, paragraph (32)(e), of the Instruction. Under figure 2-1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. 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: [[Page 56384]] 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. Effective 8 a.m. on September 18, 2015 to 6 p.m. on May 10, 2016, suspend Sec. 117.331 and add Sec. 117.T331 to read as follows: Sec. 117.T331 Snake Creek. The draw of the Snake Creek Bridge, at Islamorada, Florida will open on signal, except that from 8 a.m. to 6 p.m., the draw need open only on the hour. Dated: September 8, 2015. S. A. Buschman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2015-23537 Filed 9-17-15; 8:45 am] BILLING CODE 9110-04-P
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(3) The description of the bearing counterfeit marks or suspected Monday through Friday, except federal
merchandise from the notice of seizure; counterfeit marks,’’. holidays. The telephone number is 202–
(4) The quantity as set forth in the 366–9329.
R. Gil Kerlikowske,
See the ‘‘Public Participation and
notice of seizure; Commissioner, U.S. Customs and Border Request for Comments’’ portion of the
(5) The country of origin of the Protection.
SUPPLEMENTARY INFORMATION section
merchandise; Approved: September 15, 2015. below for instructions on submitting
(6) The name and address of the Timothy E. Skud, comments. To avoid duplication, please
manufacturer; Deputy Assistant Secretary of the Treasury. use only one of these methods.
(7) The name and address of the
[FR Doc. 2015–23543 Filed 9–17–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: If
exporter; and BILLING CODE 9111–14–P you have questions on this temporary
interim rule, call or email Coast Guard
(8) The name and address of the Sector Key West Waterways
importer. DEPARTMENT OF HOMELAND Management Division; telephone 305–
(f) Disclosure to owner of the mark, SECURITY 292–8772, email D07-DG-SECKW-
following seizure, of unredacted WaterwaysManagement@uscg.mil. If
photographs, images, and samples. At Coast Guard you have questions on viewing or
any time following a seizure of submitting material to the docket, call
merchandise bearing a counterfeit mark 33 CFR Part 117 Cheryl Collins, Program Manager,
under this section, and upon receipt of [Docket No. USCG–2015–0046] Docket Operations, telephone 202–366–
a proper request from the owner of the 9826.
RIN 1625–AA09 SUPPLEMENTARY INFORMATION:
mark, CBP may provide, if available,
photographs, images, or a sample of the Drawbridge Operation Regulation; Table of Acronyms
seized merchandise and its retail Snake Creek, Islamorada, FL
packaging, in its condition as presented CFR Code of Federal Regulations
for examination, to the owner of the AGENCY: Coast Guard, DHS. DHS Department of Homeland Security
FR Federal Register
mark. To obtain a sample under this ACTION: Temporary interim rule and
§ Section Symbol
paragraph, the owner of the mark must request for comments. U.S.C. United States Code
furnish to CBP a bond in the form and
amount specified by CBP, conditioned SUMMARY: The Coast Guard is modifying A. Public Participation and Request for
the operating schedule that governs the Comments
to indemnify the importer or owner of
Snake Creek Bridge across Snake Creek,
the imported article against any loss or We encourage you to participate in
Islamorada, FL. This temporary interim
damage resulting from the furnishing of this rulemaking by submitting
rule will change the drawbridge
the sample by CBP to the owner of the comments and related materials. All
operation schedule to determine
mark. CBP may demand the return of comments received will be posted,
whether a permanent change to the
the sample at any time. The owner of without change, to http://
schedule is needed. This temporary
the mark must return the sample to CBP www.regulations.gov and will include
interim rule will allow Snake Creek
upon demand or at the conclusion of the any personal information you have
Bridge to open on signal, except that
examination, testing, or other use in provided.
from 8 a.m. to 6 p.m., the draw need
pursuit of a related private civil remedy open only on the hour. The Bridge 1. Submitting Comments
for infringement. In the event that the owner, Florida Department of
sample is damaged, destroyed, or lost If you submit a comment, please
Transportation, and local officials include the docket number for this
while in the possession of the owner of requested this action to assist in
the mark, the owner must, in lieu of rulemaking (USCG–2015–0046),
reducing vehicle traffic caused by indicate the specific section of this
return of the sample, certify to CBP that: frequent bridge openings. document to which each comment
‘‘The sample described as [insert DATES: This temporary interim rule will applies, and give the reason for each
description] and provided pursuant to be effective from 8 a.m. on September suggestion or recommendation. You
19 CFR 133.21(f) was (damaged/ 18, 2015 to 6 p.m. on May 10, 2016. may submit your comments and
destroyed/lost) during examination, Comments and related material must material online, or by fax, mail or hand
testing, or other use.’’ reach the Coast Guard on or before delivery, but please use only one of
* * * * * January 15, 2016. Requests for public these means. If you submit a comment
meetings must be received by the Coast online via http://www.regulations.gov, it
PART 151—EXAMINATION, Guard on or before November 1, 2015. will be considered received by the Coast
SAMPLING, AND TESTING OF ADDRESSES: You may submit comments Guard when you successfully transmit
MERCHANDISE identified by docket number USCG– the comment. If you fax, hand deliver,
2015–0046 using any one of the or mail your comment, it will be
■ 3. The general authority citation for following methods: considered as having been received by
part 151 continues to read as follows: (1) Federal eRulemaking Portal: the Coast Guard when it is received at
Authority: 19 U.S.C. 66, 1202 (General http://www.regulations.gov. the Docket Management Facility. We
Note 3(i) and (j), Harmonized Tariff Schedule (2) Fax: 202–493–2251. recommend that you include your name
of the United States (HTSUS), 1624; (3) Mail or Delivery: Docket and a mailing address, an email address,
tkelley on DSK3SPTVN1PROD with RULES
Management Facility (M–30), U.S. or a phone number in the body of your
* * * * * Department of Transportation, West document so that we can contact you if
§ 151.16 [Amended] Building Ground Floor, Room W12–140, we have questions regarding your
1200 New Jersey Avenue SE., submission.
■ 4. Section 151.16(a) is amended by Washington, DC 20590–0001. Deliveries To submit your comment online, go to
removing the words, ‘‘imports of articles accepted between 9 a.m. and 5 p.m., http://www.regulations.gov, type the
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docket number [USCG–2015–0046] in The Coast Guard is issuing this 1. As reported by village and city
the ‘‘SEARCH’’ box and click temporary interim rule without prior councils, vehicle traffic near the Snake
‘‘SEARCH.’’ Click on ‘‘Submit a notice and opportunity to comment Creek Bridge has negatively impacted
Comment’’ on the line associated with pursuant to authority under section 4(a) Islamorada and surrounding
this rulemaking. If you submit your of the Administrative Procedure Act communities during peak vehicle traffic
comments by mail or hand delivery, (APA) (5 U.S.C. 553(b)). This provision time periods. A temporary deviation
submit them in an unbound format, no authorizes an agency to issue a rule initiated a test of a new bridge operation
larger than 81⁄2 by 11 inches, suitable for without prior notice and opportunity to schedule to reduce vehicle traffic
copying and electronic filing. If you comment when the agency for good caused by bridge openings.
submit them by mail and would like to cause finds that those procedures are 2. On January 8–10, 2013, the Florida
know that they reached the Facility, ‘‘impracticable, unnecessary, or contrary Department of Transportation
please enclose a stamped, self-addressed to the public interest.’’ Under 5 U.S.C. conducted a traffic monitoring study
postcard or envelope. We will consider 553(b)(B), the Coast Guard finds that 1400 feet south of the Snake Creek
all comments and material received good cause exists for not publishing a Bridge on US–1. The study found peak
during the comment period and may notice of proposed rulemaking (NPRM) traffic volumes occurring at 8:45 a.m.
change this rule based on your with respect to this rule because and between 12:15 p.m. and 3:15 p.m.
comments. delaying an amendment to the Snake By reducing the number of scheduled
Creek Bridge schedule would be openings between 8 a.m. and 6 p.m.,
2. Viewing Comments and Documents impracticable and contrary to public this rule seeks to reduce vehicle traffic
To view comments, as well as interest. Pursuant to the temporary on US–1 while maintaining the
documents mentioned in this preamble deviation published on March 27, 2015, reasonable needs of navigation on Snake
as being available in the docket, go to the Snake Creek Bridge operating Creek.
http://www.regulations.gov, type the schedule was modified to determine if The types of vessels navigating Snake
docket number (USCG–2015–0046) in vehicular traffic congestion could be Creek include sport fishing vessels and
the ‘‘SEARCH’’ box and click reduced while accommodating the catamaran sailboats.
‘‘SEARCH.’’ Click on Open Docket reasonable needs of navigation. While During the test deviation, vessels
Folder on the line associated with this the comment period for that deviation signaled the bridge to open on the top
rulemaking. You may also visit the remains open, the Coast Guard is of the hour from 8 a.m. to 6 p.m.
Docket Management Facility in Room implementing this rule and seeks Any vessel that can safely transit
W12–140 on the ground floor of the additional comment because the test under the Snake Creek Bridge while
Department of Transportation West deviation did not offer insight on the closed may continue to navigate under
Building, 1200 New Jersey Avenue SE., impacts of an alternate operating the bridge during this deviation.
Washington, DC 20590, between 9 a.m. schedule during fall or winter months. Vessel operators may also consider
and 5 p.m., Monday through Friday, Preliminary evidence shows that the the use of Channel Five, a navigable
except Federal holidays. revised schedule is beneficial to the channel above Long Key, Florida 5.7
commuting public and reverting to the nautical miles southwest of Snake Creek
3. Privacy Act schedule published in 33 CFR 117.331 Bridge. The fixed US–1 bridge across
may not be necessary to provide for the Channel Five has a vertical clearance of
Anyone can search the electronic
reasonable needs of navigation on Snake 65 feet.
form of all comments received into any
Creek.
of our dockets by the name of the C. Discussion of the Temporary Interim
Under 5 U.S.C. 553(d)(3), the Coast
individual submitting the comment (or Rule
Guard finds that good cause exists for
signing the comment, if submitted on A test deviation published on March
making this rule effective less than 30
behalf of an association, business, labor 27, 2015 allowed the Snake Creek
days after publication in the Federal
union, etc.). You may review a Privacy Bridge to remain closed with the
Registerfor the same reasons discussed
Act notice regarding our public dockets exception of on-demand openings once
above.
in the January 17, 2008, issue of the an hour schedule between 8 a.m. and 6
Federal Register (73 FR 3316). B. Basis and Purpose p.m. seven days a week. The deviation
4. Public Meeting The Snake Creek Bridge in called for on-demand openings at all
Islamorada, Florida has a vertical other times. The Coast Guard is
We do not now plan to hold a public clearance of 27 feet in the closed initiating this temporary interim rule to
meeting. But you may submit a request position. The normal operating schedule allow the time necessary to review the
for one on or before November 1, 2015, as published in 33 CFR 117.331 is as impacts of the test schedule and how it
using one of the methods specified follows: The draw of the Snake Creek will impact all modes of traffic during
under ADDRESSES. Please explain why Bridge, at Islamorada, Florida, shall seasonal traffic.
one would be beneficial. If we open on signal, except that from 8 a.m. Comments on the temporary deviation
determine that one would aid this to 4 p.m., the draw need open only on as well as any others received during
rulemaking, we will hold one at a time the hour and half-hour. This schedule the temporary interim rule comment
and place announced by a later notice has been in effect since 2001. period may be used to determine if a
in the Federal Register. The Bridge owner, Florida final rule should be implemented to
Regulatory History and Information Department of Transportation, and local modify the operating schedule.
officials requested a change in the
On March 27, 2015, we published a operating schedule to assist in reducing D. Regulatory Analyses
tkelley on DSK3SPTVN1PROD with RULES
test deviation entitled ‘‘Drawbridge vehicle traffic caused by frequent bridge We developed this temporary interim
Operation Regulations; Snake Creek, openings. rule after considering numerous statutes
Islamorada, FL’’ in the Federal Register The Coast Guard initiated a test of a and executive orders related to
(80 FR 16280). The comment period for new schedule for the Snake Creek rulemaking. Below we summarize our
the test deviation remains open until Bridge that was based on the following analyses based on these statutes or
September 14, 2015. input: executive orders.
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PART 117—DRAWBRIDGE number in the ‘‘SEARCH’’ box and click to this event, and it would put the safety
OPERATION REGULATIONS ‘‘SEARCH.’’ Click on Open Docket of the spectators and participants of the
Folder on the line associated with this event at risk.
■ 1. The authority citation for part 117 rulemaking. You may also visit the For the same reasons, under 5 U.S.C.
continues to read as follows: Docket Management Facility in Room 553(d)(3), the Coast Guard finds that
Authority: 33 U.S.C. 499; 33 CFR 1.05–1; W12–140 on the ground floor of the good cause exists for making this rule
Department of Homeland Security Delegation Department of Transportation West effective less than 30 days after
No. 0170.1. Building, 1200 New Jersey Avenue SE., publication in the Federal Register.
Washington, DC 20590, between 9 a.m. Delaying the effective date of the rule is
■ 2. Effective 8 a.m. on September 18,
and 5 p.m., Monday through Friday, contrary to the public interest as it
2015 to 6 p.m. on May 10, 2016,
except Federal holidays. would delay the effectiveness of the
suspend § 117.331 and add § 117.T331
FOR FURTHER INFORMATION CONTACT: If temporary safety zone until after the
to read as follows:
you have questions on this rule, call or planned event.
§ 117.T331 Snake Creek. email LCDR Sean Peterson, Chief of B. Basis and Purpose
The draw of the Snake Creek Bridge, Prevention, Sector Upper Mississippi
River U.S. Coast Guard; telephone (314) The legal basis and authorities for this
at Islamorada, Florida will open on
269–2332, email Sean.M.Peterson@ rule are found in 33 U.S.C. 1231; 50
signal, except that from 8 a.m. to 6 p.m.,
uscg.mil. If you have questions on U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
the draw need open only on the hour.
viewing or submitting material to the 6.04–6, and 160.5; Department of
Dated: September 8, 2015. Homeland Security Delegation no.
docket, call Cheryl Collins, Program
S. A. Buschman, Manager, Docket Operations, telephone 0170.1, which collectively authorize the
Rear Admiral, U.S. Coast Guard, Commander, (202) 366–9826. Coast Guard to establish and define
Seventh Coast Guard District. safety zones.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2015–23537 Filed 9–17–15; 8:45 am] The Kentucky Drag Boat Association’s
BILLING CODE 9110–04–P Table of Acronyms annual New Athens Drag Boat Race is
DHS Department of Homeland Security scheduled for September 19 and 20,
FR Federal Register 2015. The event is listed in Table 2 of
DEPARTMENT OF HOMELAND NPRM Notice of Proposed Rulemaking 33 CFR 100.801 number seven for the
SECURITY second weekend in September;
A. Regulatory History and Information
however, the event is being held on the
Coast Guard The Coast Guard is issuing this third weekend of September this year.
temporary final rule without prior The race will feature inboard, outboard,
33 CFR Part 165 notice and opportunity to comment and jet-propelled vessels competing on
pursuant to authority under section 4(a) a closed course on the Kaskaskia River
[Docket Number USCG–2015–0777]
of the Administrative Procedure Act between miles 28 and 29. The Coast
RIN 1625–AA00 (APA) (5 U.S.C. 553(b)). This provision Guard determined that a safety zone is
authorizes an agency to issue a rule necessary to keep persons and property
Safety Zone; Kaskaskia River MM 28 to without prior notice and opportunity to clear of any potential hazards associated
29; New Athens, IL comment when the agency for good with the race.
cause finds that those procedures are
AGENCY: Coast Guard, DHS. C. Discussion of the Final Rule
‘‘impracticable, unnecessary, or contrary
ACTION: Temporary final rule. to the public interest.’’ Under 5 U.S.C. The Coast Guard is establishing a
553(b)(B), the Coast Guard finds that temporary safety zone from 8:00 a.m. to
SUMMARY: The Coast Guard is
good cause exists for not publishing a 6:00 p.m. on September 19, 2015 and
establishing a temporary safety zone for
notice of proposed rulemaking (NPRM) September 20, 2015, for the New Athens
all waters of the Kaskaskia River,
with respect to this rule. Providing a full Drag Boat Race. The event will take
surface to bottom, between mile 28 and
notice period is contrary to the public place on the Kaskaskia River and the
29. This temporary safety zone is
interest as it would delay the safety zone will include all waters of the
necessary to protect persons and
effectiveness of the temporary safety Kaskaskia River between miles 28 and
property from potential damage and
zone until after the planned event. 29. The Coast Guard will enforce the
safety hazards during the New Athens
Immediate action is needed to protect temporary safety zone and may be
Drag Boat Race. During the period of
vessels and the public from the safety assisted by other federal, state and local
enforcement, entry into this safety zone hazards associated with this high speed
is prohibited unless specifically agencies and the Coast Guard Auxiliary.
race event on the Kaskaskia River in During the periods of enforcement, no
authorized by the Captain of the Port New Athens, IL. Completing the full
(COTP) Upper Mississippi River or vessels may transit into, through, or
NPRM process is unnecessary due to the remain within this Coast Guard safety
other designated representative. fact that there is minimal commercial zone closure area. Deviation from this
DATES: This rule is effective from 8:00 traffic in the area and that notices will safety zone may be requested by
a.m. until 6:00 p.m. on September 19, be made using Broadcast Notice to contacting the COTP Upper Mississippi
2015 and September 20, 2015. This rule Mariners and Local Notice to Mariners. River or other designated representative.
will be enforced with actual notice from Mariners will have the ability to request They may be contacted on VHF–FM
8:00 a.m. until 6:00 p.m. on September entrance into the zone by contacting the Channel 16, or through Coast Guard
19, 2015 and September 20, 2015. COTP during the closure period. These Sector Upper Mississippi at 314–269–
tkelley on DSK3SPTVN1PROD with RULES
ADDRESSES: Documents mentioned in requests will be handled on a case by 2332. Deviations will be considered on
this preamble are part of docket USCG– case basis. Additionally, a delay to the a case-by case basis.
2015–0777. To view documents effective date for this safety zone would
mentioned in this preamble as being be contrary to public interest because it D. Regulatory Analyses
available in the docket, go to http:// would interfere with the planned race We developed this rule after
www.regulations.gov, type the docket and the contractual obligations related considering numerous statutes and
VerDate Sep<11>2014 16:42 Sep 17, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1](https://thefederalregister.org/doc/80_FR_56562/page/4.svg)
Document Created: 2015-12-15 09:28:03
Document Modified: 2015-12-15 09:28:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary interim rule and request for comments. | |
| Dates | This temporary interim rule will be effective from 8 a.m. on September 18, 2015 to 6 p.m. on May 10, 2016. | |
| Contact | If you have questions on this temporary interim rule, call or email Coast Guard Sector Key West Waterways Management Division; telephone 305-292-8772, email D07-DG- [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826. | |
| FR Citation | 80 FR 56381 | |
| RIN Number | 1625-AA09 |
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