80_FR_56562 80 FR 56381 - Drawbridge Operation Regulation; Snake Creek, Islamorada, FL

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)

Page Range56381-56384
FR Document2015-23537

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.

Federal Register, Volume 80 Issue 181 (Friday, September 18, 2015)
[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]


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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.

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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



                                                             Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations                                      56381

                                               (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


                                       VerDate Sep<11>2014   16:42 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\18SER1.SGM   18SER1


                                            56382            Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations

                                            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
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                                            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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                                                             Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations                                        56383

                                            1. Regulatory Planning and Review                       wish to comment on actions by                         10. Protection of Children
                                              This rule is not a significant                        employees of the Coast Guard, call 1–
                                                                                                    888–REG–FAIR (1–888–734–3247). The                      We have analyzed this rule under
                                            regulatory action under section 3(f) of                                                                       Executive Order 13045, Protection of
                                            Executive Order 12866, Regulatory                       Coast Guard will not retaliate against
                                                                                                    small entities that question or complain              Children from Environmental Health
                                            Planning and Review, as supplemented                                                                          Risks and Safety Risks. This rule is not
                                            by Executive Order 13563, Improving                     about this rule or any policy or action
                                                                                                    of the Coast Guard.                                   an economically significant rule and
                                            Regulation and Regulatory Review, and                                                                         does not create an environmental risk to
                                            does not require an assessment of                       4. Collection of Information                          health or risk to safety that might
                                            potential costs and benefits under                                                                            disproportionately affect children.
                                            section 6(a)(3) of Order 12866 or under                   This rule calls for no new collection
                                            section 1 of Executive Order 13563. The                 of information under the Paperwork                    11. Indian Tribal Governments
                                            Office of Management and Budget has                     Reduction Act of 1995 (44 U.S.C. 3501–
                                                                                                    3520).                                                   This rule does not have tribal
                                            not reviewed it under those Orders. This                                                                      implications under Executive Order
                                            rule is not a significant regulatory action             5. Federalism                                         13175, Consultation and Coordination
                                            because it allows for openings every                                                                          with Indian Tribal Governments,
                                            hour and meets the reasonable needs of                     A rule has implications for federalism             because it does not have a substantial
                                            navigation while helping to decongest                   under Executive Order 13132,                          direct effect on one or more Indian
                                            vehicular traffic on US–1. Vessels                      Federalism, if it has a substantial direct            tribes, on the relationship between the
                                            capable of transiting under the Bridge                  effect on the States, on the relationship             Federal Government and Indian tribes,
                                            may do so at any time.                                  between the national government and                   or on the distribution of power and
                                                                                                    the States, or on the distribution of                 responsibilities between the Federal
                                            2. Impact on Small Entities
                                                                                                    power and responsibilities among the                  Government and Indian tribes.
                                               The Regulatory Flexibility Act of 1980               various levels of government. We have
                                            (RFA), 5 U.S.C. 601–612, as amended,                    analyzed this rule under that Order and               12. Energy Effects
                                            requires federal agencies to consider the               have determined that it does not have
                                            potential impact of regulations on small                implications for federalism.                            This rule is not a ‘‘significant energy
                                            entities during rulemaking. The term                                                                          action’’ under Executive Order 13211,
                                            ‘‘small entities’’ comprises small                      6. Protest Activities                                 Actions Concerning Regulations That
                                            businesses, not-for-profit organizations                                                                      Significantly Affect Energy Supply,
                                                                                                      The Coast Guard respects the First                  Distribution, or Use.
                                            that are independently owned and                        Amendment rights of protesters.
                                            operated and are not dominant in their                  Protesters are asked to contact the                   13. Technical Standards
                                            fields, and governmental jurisdictions                  person listed in the FOR FURTHER
                                            with populations of less than 50,000.                   INFORMATION CONTACT section to
                                                                                                                                                            This rule does not use technical
                                            The Coast Guard certifies under 5 U.S.C.                coordinate protest activities so that your            standards. Therefore, we did not
                                            605(b) that this rule will not have a                   message can be received without                       consider the use of voluntary consensus
                                            significant economic impact on a                        jeopardizing the safety or security of                standards.
                                            substantial number of small entities.                   people, places or vessels.                            14. Environment
                                               This action will not have a significant
                                            economic impact on a substantial                        7. Unfunded Mandates Reform Act                         We have analyzed this rule under
                                            number of small entities because it will                                                                      Department of Homeland Security
                                                                                                      The Unfunded Mandates Reform Act
                                            allow for once an hour openings and                                                                           Management Directive 023–01 and
                                                                                                    of 1995 (2 U.S.C. 1531–1538) requires
                                            vessels that can safely transit under the                                                                     Commandant Instruction M16475.lD,
                                                                                                    Federal agencies to assess the effects of
                                            bridge may do so at any time.                                                                                 which guides the Coast Guard in
                                                                                                    their discretionary regulatory actions. In
                                                                                                                                                          complying with the National
                                            3. Assistance for Small Entities                        particular, the Act addresses actions
                                                                                                                                                          Environmental Policy Act of 1969
                                               Under section 213(a) of the Small                    that may result in the expenditure by a
                                                                                                                                                          (NEPA)(42 U.S.C. 4321–4370f), and
                                            Business Regulatory Enforcement                         State, local, or tribal government, in the
                                                                                                                                                          have made a determination that this
                                            Fairness Act of 1996 (Pub. L. 104–121),                 aggregate, or by the private sector of
                                                                                                                                                          action is one of a category of actions
                                            we want to assist small entities in                     $100,000,000 (adjusted for inflation) or
                                                                                                                                                          which do not individually or
                                            understanding this rule. If the rule                    more in any one year. Though this rule
                                                                                                                                                          cumulatively have a significant effect on
                                            would affect your small business,                       will not result in such an expenditure,
                                                                                                                                                          the human environment. This rule
                                            organization, or governmental                           we do discuss the effects of this rule
                                                                                                                                                          simply promulgates the operating
                                            jurisdiction and you have questions                     elsewhere in this preamble.
                                                                                                                                                          regulations or procedures for
                                            concerning its provisions or options for                8. Taking of Private Property                         drawbridges. This rule is categorically
                                            compliance, please contact the person                                                                         excluded, under figure 2–1, paragraph
                                            listed in the FOR FURTHER INFORMATION                     This rule will not cause a taking of                (32)(e), of the Instruction.
                                            CONTACT, above.                                         private property or otherwise have
                                                                                                    taking implications under Executive                     Under figure 2–1, paragraph (32)(e), of
                                               Small businesses may send comments                                                                         the Instruction, an environmental
                                            on the actions of Federal employees                     Order 12630, Governmental Actions and
                                                                                                    Interference with Constitutionally                    analysis checklist and a categorical
                                            who enforce, or otherwise determine                                                                           exclusion determination are not
                                            compliance with, Federal regulations to                 Protected Property Rights.
                                                                                                                                                          required for this rule.
                                            the Small Business and Agriculture                      9. Civil Justice Reform
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                                            Regulatory Enforcement Ombudsman                                                                              List of Subjects in 33 CFR Part 117
                                            and the Regional Small Business                           This rule meets applicable standards
                                                                                                                                                             Bridges.
                                            Regulatory Fairness Boards. The                         in sections 3(a) and 3(b)(2) of Executive
                                            Ombudsman evaluates these actions                       Order 12988, Civil Justice Reform, to                   For the reasons discussed in the
                                            annually and rates each agency’s                        minimize litigation, eliminate                        preamble, the Coast Guard amends 33
                                            responsiveness to small business. If you                ambiguity, and reduce burden.                         CFR part 117 as follows:


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                                            56384             Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations

                                            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–
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                                            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


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Document Created: 2015-12-15 09:28:03
Document Modified: 2015-12-15 09:28:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary interim rule and request for comments.
DatesThis temporary interim rule will be effective from 8 a.m. on September 18, 2015 to 6 p.m. on May 10, 2016.
ContactIf 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 Citation80 FR 56381 
RIN Number1625-AA09

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