82 FR 38600 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, New Smyrna Beach, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 156 (August 15, 2017)

Page Range		38600-38602
FR Document		2017-17216

The Coast Guard is modifying the operating schedule that governs the Coronado Beach (George Musson) Bridge across the Atlantic Intracoastal Waterway, mile 845, at New Smyrna Beach, FL. This rule will change the existing 20 minute opening schedule to a 30 minute opening schedule between 7 a.m. and 7 p.m. The rule will also add the local bridge name to the regulation published in the Code of Federal Regulations, George Musson/Coronado Beach (SR44).

Federal Register, Volume 82 Issue 156 (Tuesday, August 15, 2017)

[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Rules and Regulations]
[Pages 38600-38602]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17216]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0205]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
New Smyrna Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Coronado Beach (George Musson) Bridge across the Atlantic 
Intracoastal Waterway, mile 845, at New Smyrna Beach, FL. This rule 
will change the existing 20 minute opening schedule to a 30 minute 
opening schedule between 7 a.m. and 7 p.m. The rule will also add the 
local bridge name to the regulation published in the Code of Federal 
Regulations, George Musson/Coronado Beach (SR44).

DATES: This rule is effective September 14, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0205 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Eddie Lawrence with the Coast Guard; telephone 305-
415-6946, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 10, 2016, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Atlantic Intracoastal 
Waterway, New Smyrna Beach, FL in the Federal Register (81 FR 28791). 
We received 5 comments on this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499.
    George Musson/Coronado Beach (SR 44) bridge, mile 845 at New Smyrna 
Beach is a bascule bridge with a vertical clearance of 24 feet in the 
closed position and unlimited in the open position. Per 33 CFR 
117.261(h), the current operating schedule states the bridge shall open 
on signal, except that from 7 a.m. until 7 p.m., each day of the week, 
the draw need only open on the hour, twenty minutes past the hour and 
forty minutes past the hour.
    On April 25, 2015, the City of New Smyrna Beach requested the Coast 
Guard review the current operating schedule for the Coronado Beach 
(George Musson) Bridge (SR 44) to determine whether a change could be

[[Page 38601]]

made to improve vehicle traffic flow in the area. The bridge owner, 
Florida Department of Transportation, was also consulted on this issue 
and it concurred with the recommendation to change the current 
schedule, from an opening every 20 minutes to an opening every 30 
minutes; every day of the week.
    This regulatory action determination is based on the limited impact 
that it will have on vessel traffic on the Atlantic Intracoastal 
Waterway. This rule changes the opening schedule from three times an 
hour to two times an hour. The bridge logs show that the Bridge 
generally only opens twice an hour already because vessel traffic 
volumes do not require three openings per hour. Therefore, there should 
be no actual change to the number of bridge openings per hour. Also, 
vessels that can transit under the bridge without an opening may do so 
at any time. Emergency vessels and tugs with tows can still request 
openings at any time.

IV. Discussion of Comments, Changes and the Final Rule

    There were five comments received during the comment period. Three 
commenters were in favor of the proposed rule and two commenters were 
opposed the proposed changes. These two commenters stated that changing 
the bridge schedule would not alleviate the City's traffic problems, 
and might impact vessel traffic during peak transient seasons. The 
Coast Guard agrees in part that in the majority of cases, a change to a 
bridge regulation will not solve a traffic problem. However, the 
purpose of the final rule is to balance the needs of all modes of 
transportation. As this bridge opens mostly two times an hour rather 
than the permitted three times an hour now, this will be a minor 
adjustment for vessel traffic. For these reasons, no changes have been 
made to the final rule.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below, we summarize our 
analyses based on a number of these statutes and Executive Orders, and 
we discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the continued 
ability for vessels to transit the bridge during the twice-an-hour 
opening schedule. Vessels in distress, Public vessels of the United 
States and tugs with tows must be passed at any time.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this final rule would not have a significant economic impact on 
any vessel owner or operator as there are generally only two openings 
an hour currently. This regulation changes the schedule from three 
times an hour to twice an hour.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National

[[Page 38602]]

Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a determination that this action is one of a category of 
actions which do not individually or cumulatively have a significant 
effect on the human environment. This rule simply promulgates the 
operating regulations or procedures for drawbridges. This action is 
categorically excluded from further review, under figure 2-1, paragraph 
(32)(e), of the Instruction.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Revise Sec.  117.261(h) to read as follows:


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

* * * * *
    (h) George Musson/Coronado Beach (SR 44) bridge, mile 845 at New 
Smyrna Beach. The George Musson/Coronado Beach (SR 44) bridge, mile 
845, shall open on signal, except that from 7 a.m. to 7 p.m., the draw 
shall open on the hour and half-hour, seven days a week.
* * * * *

    Dated: August 1, 2017.
P.J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-17216 Filed 8-14-17; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 38601

made to improve vehicle traffic flow in budgeting process. This rule has not Regulatory Enforcement Ombudsman
the area. The bridge owner, Florida been designated a ‘‘significant and the Regional Small Business
Department of Transportation, was also regulatory action,’’ under Executive Regulatory Fairness Boards. The
consulted on this issue and it concurred Order 12866. Accordingly, it has not Ombudsman evaluates these actions
with the recommendation to change the been reviewed by the Office of annually and rates each agency’s
current schedule, from an opening every Management and Budget (OMB) and responsiveness to small business. If you
20 minutes to an opening every 30 pursuant to OMB guidance it is exempt wish to comment on actions by
minutes; every day of the week. from the requirements of Executive employees of the Coast Guard, call 1–
This regulatory action determination Order 13771. 888–REG–FAIR (1–888–734–3247). The
is based on the limited impact that it This regulatory action determination Coast Guard will not retaliate against
will have on vessel traffic on the is based on the continued ability for small entities that question or complain
Atlantic Intracoastal Waterway. This vessels to transit the bridge during the about this rule or any policy or action
rule changes the opening schedule from twice-an-hour opening schedule. of the Coast Guard.
three times an hour to two times an Vessels in distress, Public vessels of the
hour. The bridge logs show that the United States and tugs with tows must C. Collection of Information
Bridge generally only opens twice an be passed at any time. This rule calls for no new collection
hour already because vessel traffic of information under the Paperwork
B. Impact on Small Entities
volumes do not require three openings Reduction Act of 1995 (44 U.S.C. 3501–
per hour. Therefore, there should be no The Regulatory Flexibility Act of 1980 3520).
actual change to the number of bridge (RFA), 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider D. Federalism and Indian Tribal
openings per hour. Also, vessels that
the potential impact of regulations on Government
can transit under the bridge without an
opening may do so at any time. small entities during rulemaking. The A rule has implications for federalism
Emergency vessels and tugs with tows term ‘‘small entities’’ comprises small under Executive Order 13132,
can still request openings at any time. businesses, not-for-profit organizations Federalism, if it has a substantial direct
that are independently owned and effect on the States, on the relationship
IV. Discussion of Comments, Changes operated and are not dominant in their between the national government and
and the Final Rule fields, and governmental jurisdictions the States, or on the distribution of
There were five comments received with populations of less than 50,000. power and responsibilities among the
during the comment period. Three The Coast Guard received no comments various levels of government. We have
commenters were in favor of the from the Small Business Administration analyzed this rule under that Order and
proposed rule and two commenters on this rule. The Coast Guard certifies have determined that it is consistent
were opposed the proposed changes. under 5 U.S.C. 605(b) that this rule will with the fundamental federalism
These two commenters stated that not have a significant economic impact principles and preemption requirements
changing the bridge schedule would not on a substantial number of small described in Executive Order 13132.
alleviate the City’s traffic problems, and entities. Also, this rule does not have tribal
might impact vessel traffic during peak While some owners or operators of implications under Executive Order
transient seasons. The Coast Guard vessels intending to transit the bridge 13175, Consultation and Coordination
agrees in part that in the majority of may be small entities, for the reasons with Indian Tribal Governments,
cases, a change to a bridge regulation stated in section V.A above, this final because it does not have a substantial
will not solve a traffic problem. rule would not have a significant direct effect on one or more Indian
However, the purpose of the final rule economic impact on any vessel owner tribes, on the relationship between the
is to balance the needs of all modes of or operator as there are generally only Federal Government and Indian tribes,
transportation. As this bridge opens two openings an hour currently. This or on the distribution of power and
mostly two times an hour rather than regulation changes the schedule from responsibilities between the Federal
the permitted three times an hour now, three times an hour to twice an hour. Government and Indian tribes.
this will be a minor adjustment for While some owners or operators of
vessels intending to transit the bridge E. Unfunded Mandates Reform Act
vessel traffic. For these reasons, no
changes have been made to the final may be small entities, for the reasons The Unfunded Mandates Reform Act
rule. stated in section V.A above, this rule of 1995 (2 U.S.C. 1531–1538) requires
will not have a significant economic Federal agencies to assess the effects of
V. Regulatory Analyses impact on any vessel owner or operator. their discretionary regulatory actions. In
We developed this rule after Under section 213(a) of the Small particular, the Act addresses actions
considering numerous statutes and Business Regulatory Enforcement that may result in the expenditure by a
Executive Orders related to rulemaking. Fairness Act of 1996 (Pub. L. 104–121), State, local, or tribal government, in the
Below, we summarize our analyses we want to assist small entities in aggregate, or by the private sector of
based on a number of these statutes and understanding this rule. If the rule $100,000,000 (adjusted for inflation) or
Executive Orders, and we discuss First would affect your small business, more in any one year. Though this rule
Amendment rights of protesters. organization, or governmental will not result in such an expenditure,
jurisdiction and you have questions we do discuss the effects of this rule
A. Regulatory Planning and Review concerning its provisions or options for elsewhere in this preamble
Executive Orders 12866 and 13563 compliance, please contact the person
jstallworth on DSKBBY8HB2PROD with RULES

direct agencies to assess the costs and listed in the FOR FURTHER INFORMATION F. Environment
benefits of available regulatory CONTACT, above. We have analyzed this rule under
alternatives and, if regulation is Small businesses may send comments Department of Homeland Security
necessary, to select regulatory on the actions of Federal employees Management Directive 023–01 and
approaches that maximize net benefits. who enforce, or otherwise determine Commandant Instruction M16475.lD,
Executive Order 13771 directs agencies compliance with, Federal regulations to which guides the Coast Guard in
to control regulatory costs through a the Small Business and Agriculture complying with the National

VerDate Sep<11>2014 14:06 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\15AUR1.SGM 15AUR1

Document Created: 2017-08-15 01:12:49
Document Modified: 2017-08-15 01:12:49

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective September 14, 2017.
Contact		If you have questions on this rule, call or email Mr. Eddie Lawrence with the Coast Guard; telephone 305- 415-6946, email [email protected]
FR Citation		82 FR 38600
RIN Number		1625-AA09

82 FR 38600 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, New Smyrna Beach, FL

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 156 (August 15, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard