82_FR_49756 82 FR 49550 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, St. Augustine, FL

82 FR 49550 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, St. Augustine, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 206 (October 26, 2017)

Page Range49550-49550
FR Document2017-23321

The Coast Guard is withdrawing its advance notice of proposed rulemaking (ANPRM) concerning the Bridge of Lions (SR A1A) across the Atlantic Intracoastal Waterway, mile 777.9, at St. Augustine, Florida. The City of St. Augustine proposed to modify the bridge operating schedule to alleviate vehicle traffic congestion. However, the Coast Guard has determined it would be inappropriate to move forward with a notice of proposed rulemaking. The Coast Guard believes placing additional restrictions to the bridge would add additional hazards to mariners and effect the safe navigation of vessels awaiting bridge openings.

Federal Register, Volume 82 Issue 206 (Thursday, October 26, 2017)
[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Proposed Rules]
[Page 49550]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23321]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. 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; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its advance notice of proposed 
rulemaking (ANPRM) concerning the Bridge of Lions (SR A1A) across the 
Atlantic Intracoastal Waterway, mile 777.9, at St. Augustine, Florida. 
The City of St. Augustine proposed to modify the bridge operating 
schedule to alleviate vehicle traffic congestion. However, the Coast 
Guard has determined it would be inappropriate to move forward with a 
notice of proposed rulemaking. The Coast Guard believes placing 
additional restrictions to the bridge would add additional hazards to 
mariners and effect the safe navigation of vessels awaiting bridge 
openings.

DATES: The notice of proposed rulemaking published on March 15, 2017 
(82 FR 13785), is withdrawn on October 26, 2017.

ADDRESSES: The docket for this document, USCG-2016-0723 is available at 
http://www.regulations.gov. Type the docket number in the ``SEARCH'' 
box and click ``SEARCH.'' Click on Open Docket Folder on the line 
associated with this document.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
document, call or email LT Allan Storm, Sector Jacksonville, Waterways 
Management Division, U.S. Coast Guard; telephone 904-714-7616, email 
Allan.H.Storm@uscg.mil.

SUPPLEMENTARY INFORMATION: 

Background Information and Regulatory History

    On March 15, 2017, the Coast Guard published an ANPRM entitled 
``Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, St. 
Augustine, FL'' in the Federal Register (82 FR 13785). The advance 
notice of proposed rulemaking sought comments and information 
concerning a request from the City of St. Augustine to change the 
operating schedule for the Bridge of Lions across the Atlantic 
Intracoastal Waterway, St. Augustine, Florida amending the twice an 
hour operating schedule to a 7 a.m. to 9 p.m. period. The City of St. 
Augustine was concerned that vehicle traffic was becoming exponentially 
worse with each passing season and that the current operating schedule 
was contributing to vehicle traffic backups.

Withdrawal

    The Coast Guard received 386 comments, of those, 62 comments were 
duplicate entries, 204 comments were in favor for the requested change 
and 120 were against the requested change. The comments in favor of the 
change generally felt the additional restrictions to the bridge would 
help alleviate vehicular traffic on or around the bridge and the 
surrounding area. For the comments that opposed the change, by and 
large, the main concern was safety of mariners due to strong tidal 
currents and the high level of vessel activities occurring in the 
waters near the bridge. Strong currents, the close proximity of mooring 
fields and marinas would hamper the ability to ``keep on station'' 
while waiting for a bridge opening. Also, sailing vessels waiting for 
bridge opening would be required to be moving constantly all the while 
avoiding other waiting vessel traffic. The requested change to the 
operating schedule would extend the twice an hour draw opening schedule 
by an additional three hours into the evening. Concern was expressed by 
having to wait for an opening in darkness, stating this would cause 
additional hazards due to vessels already underway, traffic lights 
against the city and vehicular lights adjacent to the waterway. The 
Coast Guard acknowledges all of the above safety concerns, and for that 
reason, we find that any benefits of the possible additional 
restrictions to the Bridge of Lions do not outweigh the additional 
hazards to vessels and mariners transiting the area around the bridge. 
The current regulation as written in 33 CFR 117.261(d) will remain in 
effect.

    Dated: October 5, 2017.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-23321 Filed 10-25-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                 49550                 Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Proposed Rules

                                                 language ‘‘On page 1636, ’’ is corrected                Background Information and                              Dated: October 5, 2017.
                                                 to read ‘‘On page 1646, ’’.                             Regulatory History                                    Peter J. Brown,
                                                 Martin V. Franks,                                                                                             Rear Admiral, U.S. Coast Guard, Commander,
                                                                                                            On March 15, 2017, the Coast Guard                 Seventh Coast Guard District.
                                                 Chief, Publications and Regulations Branch,             published an ANPRM entitled                           [FR Doc. 2017–23321 Filed 10–25–17; 8:45 am]
                                                 Legal Processing Division, Associate Chief              ‘‘Drawbridge Operation Regulation;
                                                 Counsel (Procedure and Administration).                                                                       BILLING CODE 9110–04–P
                                                                                                         Atlantic Intracoastal Waterway, St.
                                                 [FR Doc. 2017–22815 Filed 10–25–17; 8:45 am]            Augustine, FL’’ in the Federal Register
                                                 BILLING CODE 4830–01–P                                  (82 FR 13785). The advance notice of
                                                                                                                                                               LIBRARY OF CONGRESS
                                                                                                         proposed rulemaking sought comments
                                                                                                         and information concerning a request                  Copyright Office
                                                                                                         from the City of St. Augustine to change
                                                 DEPARTMENT OF HOMELAND                                  the operating schedule for the Bridge of
                                                 SECURITY                                                                                                      37 CFR Part 201
                                                                                                         Lions across the Atlantic Intracoastal
                                                                                                         Waterway, St. Augustine, Florida                      [Docket No. 2017–10]
                                                 Coast Guard
                                                                                                         amending the twice an hour operating
                                                                                                                                                               Exemptions To Permit Circumvention
                                                 33 CFR Part 117                                         schedule to a 7 a.m. to 9 p.m. period.
                                                                                                                                                               of Access Controls on Copyrighted
                                                                                                         The City of St. Augustine was
                                                                                                                                                               Works
                                                                                                         concerned that vehicle traffic was
                                                 [Docket No. USCG–2016–0723]
                                                                                                         becoming exponentially worse with                     AGENCY: U.S. Copyright Office, Library
                                                                                                         each passing season and that the current              of Congress.
                                                 RIN 1625–AA09                                           operating schedule was contributing to                ACTION: Notice of proposed rulemaking.
                                                                                                         vehicle traffic backups.
                                                 Drawbridge Operation Regulation;                                                                              SUMMARY:    The United States Copyright
                                                 Atlantic Intracoastal Waterway, St.                     Withdrawal                                            Office (‘‘Copyright Office’’ or ‘‘Office’’)
                                                 Augustine, FL                                                                                                 is conducting the seventh triennial
                                                                                                            The Coast Guard received 386
                                                 AGENCY: Coast Guard, DHS.                               comments, of those, 62 comments were                  rulemaking proceeding under the Digital
                                                                                                                                                               Millennium Copyright Act (‘‘DMCA’’),
                                                 ACTION: Advance notice of proposed                      duplicate entries, 204 comments were in
                                                                                                                                                               concerning possible temporary
                                                 rulemaking; withdrawal.                                 favor for the requested change and 120
                                                                                                                                                               exemptions to the DMCA’s prohibition
                                                                                                         were against the requested change. The
                                                 SUMMARY:    The Coast Guard is                                                                                against circumvention of technological
                                                                                                         comments in favor of the change
                                                 withdrawing its advance notice of                                                                             measures that control access to
                                                                                                         generally felt the additional restrictions
                                                 proposed rulemaking (ANPRM)                                                                                   copyrighted works. In this proceeding,
                                                                                                         to the bridge would help alleviate                    the Copyright Office has established a
                                                 concerning the Bridge of Lions (SR                      vehicular traffic on or around the bridge
                                                 A1A) across the Atlantic Intracoastal                                                                         new, streamlined procedure for the
                                                                                                         and the surrounding area. For the                     renewal of exemptions that were
                                                 Waterway, mile 777.9, at St. Augustine,                 comments that opposed the change, by
                                                 Florida. The City of St. Augustine                                                                            granted during the sixth triennial
                                                                                                         and large, the main concern was safety                rulemaking. It is also considering
                                                 proposed to modify the bridge operating                 of mariners due to strong tidal currents
                                                 schedule to alleviate vehicle traffic                                                                         petitions for new exemptions to engage
                                                                                                         and the high level of vessel activities               in activities not currently permitted by
                                                 congestion. However, the Coast Guard
                                                                                                         occurring in the waters near the bridge.              existing exemptions. On June 30, 2017,
                                                 has determined it would be
                                                                                                         Strong currents, the close proximity of               the Office published a Notice of Inquiry
                                                 inappropriate to move forward with a
                                                                                                         mooring fields and marinas would                      requesting petitions to renew existing
                                                 notice of proposed rulemaking. The
                                                                                                         hamper the ability to ‘‘keep on station’’             exemptions and comments in response
                                                 Coast Guard believes placing additional
                                                                                                         while waiting for a bridge opening.                   to those petitions, as well as petitions
                                                 restrictions to the bridge would add
                                                                                                         Also, sailing vessels waiting for bridge              for new exemptions to engage in
                                                 additional hazards to mariners and
                                                 effect the safe navigation of vessels                   opening would be required to be moving                activities not currently permitted by
                                                 awaiting bridge openings.                               constantly all the while avoiding other               existing exemptions. The Office has
                                                                                                         waiting vessel traffic. The requested                 carefully considered the comments
                                                 DATES: The notice of proposed
                                                                                                         change to the operating schedule would                received in response to that Notice.
                                                 rulemaking published on March 15,                       extend the twice an hour draw opening                 With this Notice of Proposed
                                                 2017 (82 FR 13785), is withdrawn on                     schedule by an additional three hours                 Rulemaking (‘‘NPRM’’), the Office
                                                 October 26, 2017.                                       into the evening. Concern was                         intends to recommend each of the
                                                 ADDRESSES: The docket for this                          expressed by having to wait for an                    existing exemptions for readoption. This
                                                 document, USCG–2016–0723 is                             opening in darkness, stating this would               NPRM also initiates three rounds of
                                                 available at http://www.regulations.gov.                cause additional hazards due to vessels               public comment on the newly-proposed
                                                 Type the docket number in the                           already underway, traffic lights against              exemptions. Interested parties are
                                                 ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                    the city and vehicular lights adjacent to             invited to make full legal and
                                                 Click on Open Docket Folder on the line                 the waterway. The Coast Guard                         evidentiary submissions in support of or
                                                 associated with this document.                          acknowledges all of the above safety                  in opposition to the proposed
ethrower on DSK3G9T082PROD with PROPOSALS




                                                 FOR FURTHER INFORMATION CONTACT: If                     concerns, and for that reason, we find                exemptions, in accordance with the
                                                 you have questions about this                           that any benefits of the possible                     requirements set forth below.
                                                 document, call or email LT Allan Storm,                 additional restrictions to the Bridge of              DATES: Initial written comments
                                                 Sector Jacksonville, Waterways                          Lions do not outweigh the additional                  (including documentary evidence) and
                                                 Management Division, U.S. Coast                         hazards to vessels and mariners                       multimedia evidence from proponents
                                                 Guard; telephone 904–714–7616, email                    transiting the area around the bridge.                and other members of the public who
                                                 Allan.H.Storm@uscg.mil.                                 The current regulation as written in 33               support the adoption of a proposed
                                                 SUPPLEMENTARY INFORMATION:                              CFR 117.261(d) will remain in effect.                 exemption, as well as parties that


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Document Created: 2018-10-25 10:13:18
Document Modified: 2018-10-25 10:13:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking; withdrawal.
DatesThe notice of proposed rulemaking published on March 15, 2017 (82 FR 13785), is withdrawn on October 26, 2017.
ContactIf you have questions about this document, call or email LT Allan Storm, Sector Jacksonville, Waterways Management Division, U.S. Coast Guard; telephone 904-714-7616, email [email protected]
FR Citation82 FR 49550 
RIN Number1625-AA09

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