82 FR 13785 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, St. Augustine, FL
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 49 (March 15, 2017)
Coast Guard
Federal Register Volume 82, Issue 49 (March 15, 2017)
| Page Range | 13785-13787 | |
| FR Document | 2017-05071 |
[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)] [Proposed Rules] [Pages 13785-13787] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-05071] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket Number USCG-2016-0723] RIN 1625-AA09 Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, St. Augustine, FL AGENCY: Coast Guard, DHS. ACTION: Advance notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is seeking comments and information concerning a proposal to change the operating schedule for the Bridge of Lions across the Atlantic Intracoastal Waterway, St. Augustine, Florida. The City of St. Augustine is concerned that vehicle traffic is becoming exponentially worse with each passing season and that on-demand bridge openings are contributing to vehicle traffic backups. The proposed modification would extend the twice an hour draw opening period from 7 a.m. to 9 p.m. daily, and preclude the bridge draw from opening at 3:30 p.m. on weekends and Federal holidays. [[Page 13786]] DATES: Comments and related material must reach the Coast Guard on or before May 15, 2017. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0723 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice, call or email MST1 Timothy Fosdick, Sector Jacksonville, Waterways Management Division, U.S. Coast Guard; telephone 904-714- 7623, email [email protected]. SUPPLEMENTARY INFORMATION: Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking ANPRM Advance Notice of Proposed Rulemaking Sec. Section Symbol U.S.C. United States Code A. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this ANPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. B. Regulatory History and Information In 2015, the City of St. Augustine approached the Coast Guard with a recommendation to amend the Bridge of Lions operating schedule. Shortly thereafter, a meeting was held with the City of St. Augustine, the Florida Department of Transportation (FDOT), bridge owner, and the U.S. Coast Guard to seek improvements to reduce the vehicle traffic backups at the intersection of A1A, the Bridge of Lions, and Avenida Menendez. During the meeting, FDOT agreed to work with the City traffic engineers to develop better traffic signaling techniques to reduce the vehicle traffic backups. In May 2016, the City of St. Augustine proposed an amendment to the bridge operating schedule to reduce vehicle traffic backups in the affected area. The City would like to extend the 7 a.m. to 6 p.m. twice an hour opening schedule to 9 p.m., daily and preclude the bridge draw from opening at 3:30 p.m. on weekends and Federal holidays. The current operating schedule, as published in 33 CFR 117.261(d), reads as follows: Bridge of Lions (SR A1A) bridge, mile 777.9 at St. Augustine. The draw shall open on signal; except that, from 7 a.m. to 6 p.m. the draw need open only on the hour and half-hour; however, the draw need not open at 8 a.m., 12 noon, and 5 p.m. Monday through Friday except Federal holidays. From 7 a.m. to 6 p.m. on Saturdays, Sundays and Federal holidays the draw need only open on the hour and half-hour. In accordance with Nautical Chart 11485, 37th Ed., Nov. 2014, the Bridge of Lions has a vertical clearance of 18 feet in the closed (down) position at mean high water and a horizontal clearance of 79 feet. Additionally, there is a note on the chart stating ``Strong tidal currents run perpendicular to the Bridge of Lions opening. Vessels engaged in towing and pushing operations are advised to transit the bridge opening during slack tide and, if necessary, breakdown the tow in small units or use adequate tugs.'' In regards to the Bridge of Lions, the U.S. Coast Pilot 4, Chapter 12, Edition 47, 2015 also states ``Caution is advised because the tidal currents, particularly ebb, run at right angles to the bridge. It is advisable to drift large tows through this opening at slack water. Normal flood currents of 1 knot and ebb currents of 1.5 knots may be expected. Several mishaps involving the bridge being hit by vessels, which have lost maneuvering control during periods of ebb currents, have occurred. Caution is advised when transiting the area.'' The original Bridge of Lions was built in 1927 and replaced in 2010. The new bridge was completed with no modifications to the vertical or horizontal clearances; therefore, there was no impact to the number of bridge openings due to vessel traffic. C. Basis and Purpose The legal basis and authorities for this ANPRM are found in 33 U.S.C. 499, 33 CFR 1.05-1, and Department of Homeland Security Delegation No. 0170.1. The Coast Guard is considering a change to the operating schedule for the Bridge of Lions across the Atlantic Intracoastal Waterway, St. Augustine, Florida. The Coast Guard received a request from the City of St. Augustine to modify the operating schedule for the Bridge of Lions in an effort to decrease vehicle traffic backups caused by the significant increase in vehicle traffic combined with the on-demand bridge openings. The purpose of this ANPRM is to solicit comments on a potential proposed rulemaking concerning a request to change the operating schedule for the Bridge of Lions. D. Discussion of Proposed Rule Amending the twice an hour opening schedule to a 7 a.m. to 9 p.m. period should not have an unreasonable impact on navigation. However, amending the bridge operating schedule to exclude a 3:30 p.m. opening on weekends and Federal holidays may have a negative impact to the public, as there are many tourists in vehicles and vessels in St. Augustine during these periods. Additional input will be required from the City of St. Augustine to understand why this particular time was selected. It will also be essential to determine whether any commercial vessel operators would be directly impacted by amending the bridge operating schedule. E. Information Requested To aid the Coast Guard in developing a proposed rule, we seek any comments, whether positive or negative, including but not limited to: The impact on vessel traffic and/or marine businesses in the area when extending the twice an hour opening; any potential negative impact to vessel traffic or marine businesses of not opening the bridge between 3 p.m. and 4 p.m.; whether the extension to 9 p.m. of the Bridge of Lions twice an [[Page 13787]] hour opening schedule would reduce traffic congestion and; if traffic congestion would be reduced if the bridge did not open between 3 p.m. and 4 p.m. on weekends and Federal holidays. Dated: March 9, 2017. S.A. Buschman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2017-05071 Filed 3-14-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Proposed Rules 13785
consumers and covered persons would a substantial number of small entities.20 and assigned OMB Control Number
benefit. The Bureau believes that The Bureau also is subject to certain 3170–0014 (Regulation E) and 3170–
delaying the effective date may also additional procedures under the RFA 0015 (Regulation Z). Under the PRA, the
delay consumers’ realization of benefits involving the convening of a panel to Bureau may not conduct or sponsor and,
arising from the protections provided by consult with small entity notwithstanding any other provision of
the Prepaid Accounts Final Rule. In representatives prior to proposing a rule law, a person is not required to respond
addition, the Bureau does not expect the for which an IRFA is required.21 to an information collection unless the
proposed rule to have a differential In the Prepaid Accounts NPRM, the information collection displays a valid
impact on depository institutions and Bureau concluded that the rule would control number assigned by OMB.
credit unions with $10 billion or less in not have a significant economic impact The Bureau has determined that this
total assets as described in section 1026 on a substantial number of small entities proposed rule would not have any new
of the Dodd-Frank Act or on consumers and that an IRFA was therefore not or revised information collection
in rural areas. The Bureau does not required.22 That conclusion remained requirements (recordkeeping, reporting,
believe that the proposed delay in the unchanged for the Prepaid Accounts or disclosure requirements) on covered
effective date would reduce consumer Final Rule.23 The Bureau concludes that entities or members of the public that
access to consumer financial products an IRFA is not required for this would constitute collections of
and services, and it may increase proposed rule because the proposed information requiring OMB approval
consumer access by decreasing the rule, which would delay the effective under the PRA. The Bureau welcomes
possibility of industry disruption arising date of a rule that will not have a comments on this determination or any
from the Prepaid Accounts Final Rule’s significant economic impact on a other aspects of this proposal for
implementation. substantial number of small entities, purposes of the PRA. Comments should
The Bureau requests comment on this would not have a significant economic be submitted to the Bureau as instructed
discussion as well as submission of impact on a substantial number of small in the ADDRESSES part of this notice and
additional information that could entities if adopted. to the attention of the Paperwork
inform the Bureau’s consideration of the As discussed above, the proposal Reduction Act Officer. All comments
potential benefits, costs, and impacts of would delay the effective date of the will become a matter of public record.
this proposed rule. Prepaid Accounts Final Rule to April 1, Dated: March 8, 2017.
2018. The proposed six-month delay in Richard Cordray,
VII. Regulatory Flexibility Act the effective date would benefit small
Director, Bureau of Consumer Financial
The Regulatory Flexibility Act 16 as entities by providing additional Protection.
amended by the Small Business flexibility with respect to the timing of
[FR Doc. 2017–05060 Filed 3–14–17; 8:45 am]
Regulatory Enforcement Fairness Act of the Prepaid Accounts Final Rule’s
BILLING CODE 4810–AM–P
1996 17 (RFA) requires each agency to implementation. In addition to generally
consider the potential impact of its providing increased flexibility, the
regulations on small entities, including delay in the effective date would permit
small entities to delay the DEPARTMENT OF HOMELAND
small businesses, small governmental SECURITY
units, and small not-for-profit commencement of any ongoing costs
organizations.18 The RFA defines a that result from complying with the
Coast Guard
‘‘small business’’ as a business that Prepaid Accounts Final Rule. Because
meets the size standard developed by small entities retain the option of 33 CFR Part 117
the Small Business Administration complying with the Prepaid Accounts
Final Rule’s original effective date, the [Docket Number USCG–2016–0723]
(SBA) pursuant to the Small Business
Act.19 proposed rule’s delay of the effective RIN 1625–AA09
date will not increase costs incurred by
The RFA generally requires an agency small entities relative to the baseline Drawbridge Operation Regulation;
to conduct an initial regulatory established by the Prepaid Accounts Atlantic Intracoastal Waterway, St.
flexibility analysis (IRFA) and a final Final Rule. Accordingly, the Augustine, FL
regulatory flexibility analysis (FRFA) of undersigned hereby certifies that this
any rule subject to notice-and-comment proposed rule, if adopted, would not AGENCY: Coast Guard, DHS.
rulemaking requirements, unless the have a significant economic impact on ACTION:Advance notice of proposed
agency certifies that the rule would not a substantial number of small entities. rulemaking.
have a significant economic impact on
VIII. Paperwork Reduction Act SUMMARY: The Coast Guard is seeking
16 Public Law 96–354, 94 Stat. 1164 (1980). Under the Paperwork Reduction Act comments and information concerning a
17 Public Law 104–21, section 241, 110 Stat. 847,
of 1995 24 (PRA), Federal agencies are proposal to change the operating
864–65 (1996). schedule for the Bridge of Lions across
generally required to seek Office of
18 5 U.S.C. 601 through 612. The term ‘‘‘small
the Atlantic Intracoastal Waterway, St.
organization’ means any not-for-profit enterprise Management and Budget (OMB)
Augustine, Florida. The City of St.
which is independently owned and operated and is approval for information collection
not dominant in its field, unless an agency Augustine is concerned that vehicle
requirements prior to implementation.
establishes [an alternative definition under notice traffic is becoming exponentially worse
The collections of information related to
and comment].’’ 5 U.S.C. 601(4). The term ‘‘‘small with each passing season and that on-
the Prepaid Accounts Final Rule have
rmajette on DSK30RV082PROD with PROPOSALS
governmental jurisdiction’ means governments of demand bridge openings are
cities, counties, towns, townships, villages, school been previously reviewed and approved
districts, or special districts, with a population of contributing to vehicle traffic backups.
by OMB in accordance with the PRA
less than fifty thousand, unless an agency The proposed modification would
establishes [an alternative definition after notice 20 5U.S.C. 601 through 612.
extend the twice an hour draw opening
and comment].’’ 5 U.S.C. 601(5). period from 7 a.m. to 9 p.m. daily, and
21 5U.S.C. 609.
19 5 U.S.C. 601(3). The Bureau may establish an
alternative definition after consulting with the SBA
22 79 FR 77102, 77283 (Dec. 23, 2014). preclude the bridge draw from opening
and providing an opportunity for public comment. 23 81 FR 83934, 84308 (Nov. 22, 2016). at 3:30 p.m. on weekends and Federal
Id. 24 44 U.S.C. 3501 et seq. holidays.
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![Federal Register / Vol. 82, No. 49 / Wednesday, March 15, 2017 / Proposed Rules 13787
hour opening schedule would reduce 4 p.m. on weekends and Federal Dated: March 9, 2017.
traffic congestion and; if traffic holidays. S.A. Buschman,
congestion would be reduced if the Rear Admiral, U.S. Coast Guard, Commander,
bridge did not open between 3 p.m. and Seventh Coast Guard District.
[FR Doc. 2017–05071 Filed 3–14–17; 8:45 am]
BILLING CODE 9110–04–P
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Document Created: 2017-03-15 06:04:16
Document Modified: 2017-03-15 06:04:16
| 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 | Proposed Rules | |
| Action | Advance notice of proposed rulemaking. | |
| Dates | Comments and related material must reach the Coast Guard on or before May 15, 2017. | |
| Contact | If you have questions about this notice, call or email MST1 Timothy Fosdick, Sector Jacksonville, Waterways Management Division, U.S. Coast Guard; telephone 904-714- 7623, email [email protected] | |
| FR Citation | 82 FR 13785 | |
| RIN Number | 1625-AA09 |
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