83_FR_23496 83 FR 23398 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Palm Beach, FL

83 FR 23398 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Palm Beach, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range23398-23400
FR Document2018-10808

The Coast Guard proposes to modify the operating schedule that governs the operation of the Flagler Memorial (SR A1A) Bridge, mile 1021.8, the Royal Park (SR 704) Bridge, mile 1022.6, and the Southern Boulevard (SR 700/80) Bridge, mile 1024.7, across the Atlantic Intracoastal Waterway, at West Palm Beach, Florida. This modification allows the Flagler Memorial, Royal Park and Southern Boulevard Bridges to operate on alternative schedules when the President of the United States, members of the First Family, or other persons under the protection of the Secret Service visit Mar-a-Lago. The proposed modifications are necessary to accommodate the increase in vehicular traffic when the presidential motorcade is in transit.

Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018)
[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23398-23400]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10808]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0273]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
Palm Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the operation of the Flagler Memorial (SR A1A) Bridge, mile 
1021.8, the Royal Park (SR 704) Bridge, mile 1022.6, and the Southern 
Boulevard (SR 700/80) Bridge, mile 1024.7, across the Atlantic 
Intracoastal Waterway, at West Palm Beach, Florida. This modification 
allows the Flagler Memorial, Royal Park and Southern Boulevard Bridges 
to operate on alternative schedules when the President of the United 
States, members of the First Family, or other persons under the 
protection of the Secret Service visit Mar-a-Lago. The proposed 
modifications are necessary to accommodate the increase in vehicular 
traffic when the presidential motorcade is in transit.

DATES: Comments and relate material must reach the Coast Guard on or 
before July 5, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0273 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Ruth Sadowitz, Coast Guard Sector Miami, FL, Waterways 
Management Division, telephone 305-535-4307, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
FL DOT Florida Department of Transportation
AICW Atlantic Intracoastal Waterway

II. Background, Purpose and Legal Basis

    The bridge owner, Florida Department of Transportation, requested 
changes to the drawbridge operating schedules to better facilitate 
orderly vehicle traffic flow across the Flagler Memorial, Royal Park 
and Southern Boulevard bridges when the President of the United States, 
members of the First Family, or other persons under the protection of 
the Secret Service visit Mar-a-Lago.
    On August 17, 2017, the Coast Guard published a notice of deviation 
from drawbridge regulation with request for comments in the Federal 
Register (82 FR 39019) to test proposed changes. Three Comments were 
received during the test period, which were in favor of the regulation 
changes.

[[Page 23399]]

    The Flagler Memorial (SR A1A) Bridge, mile 1021.8, across the AICW 
(Lake Worth Lagoon) at West Palm Beach, Florida is a double-leaf 
bascule bridge that has a vertical clearance of 22 feet at mean high 
water in the closed position. The Royal Park (SR 704) Bridge, mile 
1022.6, across the AICW (Lake Worth Lagoon) at West Palm Beach, Florida 
is a double-leaf bascule bridge that has a vertical clearance of 21 
feet at mean high water in the closed position. The Southern Boulevard 
(SR 700/80) Bridge, mile 1024.7, across the AICW (Lake Worth Lagoon) at 
West Palm Beach, Florida is under construction, a temporary lift bridge 
is in place that has a vertical clearance of 14 feet at mean high water 
in the closed position and a 65 foot vertical clearance in the open 
position. The existing regulations are published in 33 CFR 117.261(u), 
Flagler Memorial Bridge, Sec.  117.261(v) Royal Park Bridge and Sec.  
117.261(w) Southern Boulevard Bridge.

III. Discussion of Proposed Rule

    These modified regulations are necessary to alleviate vehicle 
traffic congestion when the President of the United States, members of 
the First Family, or other persons under the protection of the Secret 
Service visit Mar-a-Lago. The increase in traffic congestion occurs 
when the proposed Presidential Security Zone (see 82 FR 28036) is 
enforced which closes the Southern Boulevard Bridge when the 
presidential motorcade is in transit. This action requires through 
traffic to use the Flagler Memorial and Royal Park Bridges.
    This NPRM proposes the same schedule as during the temporary 
deviation. The Flagler Memorial Bridge is allowed to remain closed to 
navigation from 2:15 p.m. to 5:30 p.m. with the exception of a once an 
hour opening at 2:15 p.m., 3:15 p.m., 4:15 p.m. and 5:15 p.m., weekdays 
only, if vessels are requesting an opening. The Royal Park Bridge is 
allowed to remain closed to navigation from 2:15 p.m. to 5:30 p.m. with 
the exception of a once an hour opening at 2:30 p.m., 3:30 p.m., 4:30 
p.m. and 5:30 p.m., weekdays only, if vessels are requesting an 
opening. At all other times the bridges will operate per their normal 
schedules.
    The operating schedule of the Southern Boulevard Bridge, which is 
closest to Mar-a-Lago, will be allowed to remain closed to navigation 
whenever the presidential motorcade is in transit. At all other times 
the bridge shall open on the quarter and three-quarter hour, or as 
directed by the on-scene designated representative.

IV. Regulatory Analyses

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

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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 ability that 
vessels able to pass through the Flagler Memorial and Royal Park 
Bridges in the closed position may do so at anytime. The bridges will 
be able to open for emergencies. The Southern Boulevard Bridge will be 
under the control of the on-scene designated representative.

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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
bridges may be small entities, for the reasons stated in section IV.A 
above this proposed rule may impact but would not have a significant 
economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of

[[Page 23400]]

this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This proposed rule 
involves the operating regulations or procedures for drawbridges. 
Normally such actions are categorically excluded from further review 
under paragraph L49 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A preliminary Record of Environmental 
Consideration and a Memorandum for the Record are not required for this 
proposed rule. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
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.

V. 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, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. Amend Sec.  117.261 by revising paragraphs (u), (v), and (w) to read 
as follows:


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

* * * * *
    (u) Flagler Memorial (SR A1A) Bridge, mile 1021.8, at West Palm 
Beach.
    (1) The draw shall open on the quarter and three-quarter hour.
    (2) When the security zone is enforced, the draw is allowed to 
remain closed to navigation from 2:15 p.m. to 5:30 p.m. with the 
exception of a once an hour opening at 2:15 p.m., 3:15 p.m., 4:15 p.m. 
and 5:15 p.m., weekdays only, if vessels are requesting an opening. At 
all other times the draw shall open on the quarter and three-quarter 
hour.
    (v) Royal Park (SR 704) Bridge, mile 1022.6, at West Palm Beach.
    (1) The draw shall open on the hour and half-hour.
    (2) When the security zone is enforced, the draw is allowed to 
remain closed to navigation from 2:15 p.m. to 5:30 p.m. with the 
exception of a once an hour opening at 2:30 p.m., 3:30 p.m., 4:30 p.m. 
and 5:30 p.m., weekdays only, if vessels are requesting an opening. At 
all other times the draw shall open on the hour and half-hour.
    (w) Southern Boulevard (SR 700/80) Bridge, mile 1024.7, at West 
Palm Beach.
    (1) The draw shall open on the quarter and three-quarter hour.
    (2) When the security zone is enforced, the draw may be closed 
without advanced notice to permit uninterrupted transit of dignitaries 
across the bridge. At all other times the bridge shall open on the 
quarter and three-quarter hour, or as directed by the on-scene 
designated representative.
* * * * *

    Dated: April 30, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2018-10808 Filed 5-18-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                  23398                     Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules

                                                  38°35′30″ N, longitude 076°04′47″ W,                    section. All vessels within the Spectator             700/80) Bridge, mile 1024.7, across the
                                                  thence southeast to latitude 38°35′23″ N,               Area shall be anchored or operate at a                Atlantic Intracoastal Waterway, at West
                                                  longitude 076°04′29″ W, thence                          no-wake speed while transiting within                 Palm Beach, Florida. This modification
                                                  southwest to latitude 38°35′19″ N,                      the Spectator Area.                                   allows the Flagler Memorial, Royal Park
                                                  longitude 076°04′31″ W, thence                             (7) The Coast Guard Patrol                         and Southern Boulevard Bridges to
                                                  northwest to to and terminating at the                  Commander and official patrol vessels                 operate on alternative schedules when
                                                  point of origin.                                        enforcing this regulated area can be                  the President of the United States,
                                                     (c) Special local regulations. (1) The               contacted on marine band radio VHF–                   members of the First Family, or other
                                                  Captain of the Port Maryland-National                   FM channel 16 (156.8 MHz) and                         persons under the protection of the
                                                  Capital Region or the Coast Guard Patrol                channel 22A (157.1 MHz). Persons and                  Secret Service visit Mar-a-Lago. The
                                                  Commander may forbid and control the                    vessels desiring to transit, moor, or                 proposed modifications are necessary to
                                                  movement of all vessels and persons,                    anchor within the regulated area must                 accommodate the increase in vehicular
                                                  including event participants, in the                    obtain authorization from Captain of the              traffic when the presidential motorcade
                                                  regulated area. When hailed or signaled                 Port Maryland-National Capital Region                 is in transit.
                                                  by an official patrol, a vessel or person               or Coast Guard Patrol Commander. The                  DATES: Comments and relate material
                                                  in the regulated area shall immediately                 Captain of the Port Maryland-National                 must reach the Coast Guard on or before
                                                  comply with the directions given.                       Capital Region can be contacted at                    July 5, 2018.
                                                  Failure to do so may result in expulsion                telephone number 410–576–2693 or on
                                                                                                                                                                ADDRESSES: You may submit comments
                                                  from the area, citation for failure to                  Marine Band Radio, VHF–FM channel
                                                  comply, or both.                                                                                              identified by docket number USCG–
                                                                                                          16 (156.8 MHz). The Coast Guard Patrol
                                                     (2) The operator of any vessel in the                                                                      2017–0273 using Federal eRulemaking
                                                                                                          Commander can be contacted on Marine
                                                  regulated area shall:                                                                                         Portal at http://www.regulations.gov.
                                                                                                          Band Radio, VHF–FM channel 16 (156.8
                                                     (i) Stop the vessel immediately when                                                                          See the ‘‘Public Participation and
                                                                                                          MHz).
                                                  directed to do so by any Official Patrol                   (8) The Coast Guard will publish a                 Request for Comments’’ portion of the
                                                  and then proceed only as directed.                                                                            SUPPLEMENTARY INFORMATION section
                                                                                                          notice in the Fifth Coast Guard District
                                                     (ii) All persons and vessels shall                   Local Notice to Mariners and issue a                  below for instructions on submitting
                                                  comply with the instructions of the                     marine information broadcast on VHF–                  comments.
                                                  Official Patrol.                                        FM marine band radio.                                 FOR FURTHER INFORMATION CONTACT:     If
                                                     (iii) When authorized to transit the                    (d) Enforcement. The Coast Guard                   you have questions on this rule, call or
                                                  regulated area, all vessels shall proceed               may be assisted with marine event                     email LT Ruth Sadowitz, Coast Guard
                                                  at the minimum speed necessary to                       patrol and enforcement of the regulated               Sector Miami, FL, Waterways
                                                  maintain a safe course that minimizes                   area by other Federal, State, and local               Management Division, telephone 305–
                                                  wake near the race course.                              agencies.                                             535–4307, email ruth.a.sadowitz@
                                                     (3) The Coast Guard Patrol                              (e) Enforcement periods. This section              uscg.mil.
                                                  Commander may terminate the event, or                   will be enforced from 8:30 a.m. until
                                                  the operation of any participant, at any                                                                      SUPPLEMENTARY INFORMATION:
                                                                                                          6:30 p.m. on July 28, 2018, and from
                                                  time it is deemed necessary for the                     8:30 a.m. until 6:30 p.m. on July 29,                 I. Table of Abbreviations
                                                  protection of life or property.                         2018.
                                                     (4) The Race Area is an area within                                                                        CFR Code of Federal Regulations
                                                  the regulated area defined in paragraph                   Dated: May 2, 2018.                                 DHS Department of Homeland Security
                                                  (b)(2) of this section. The actual                      Joseph B. Loring,                                     FR Federal Register
                                                                                                                                                                OMB Office of Management and Budget
                                                  placement of the race course will be                    Captain, U.S. Coast Guard, Captain of the
                                                                                                                                                                NPRM Notice of Proposed Rulemaking
                                                  determined by the marine event sponsor                  Port Maryland-National Capital Region.
                                                                                                                                                                  (Advance, Supplemental)
                                                  but must be located within the                          [FR Doc. 2018–10795 Filed 5–18–18; 8:45 am]           § Section
                                                  designated boundaries of the Race Area.                 BILLING CODE 9110–04–P                                U.S.C. United States Code
                                                  Only participants and official patrol                                                                         FL DOT Florida Department of
                                                  vessels are allowed to enter the Race                                                                           Transportation
                                                  Area.                                                   DEPARTMENT OF HOMELAND                                AICW Atlantic Intracoastal Waterway
                                                     (5) The Buffer Zone is an area that                  SECURITY
                                                                                                                                                                II. Background, Purpose and Legal
                                                  surrounds the perimeter of the Race
                                                                                                          Coast Guard                                           Basis
                                                  Area within the regulated area defined
                                                  in paragraph (b)(3) of this section. The                                                                         The bridge owner, Florida Department
                                                  purpose of a Buffer Zone is to minimize                 33 CFR Part 117                                       of Transportation, requested changes to
                                                  potential collision conflicts with                      [Docket No. USCG–2017–0273]                           the drawbridge operating schedules to
                                                  participants and spectators or nearby                                                                         better facilitate orderly vehicle traffic
                                                  transiting vessels. This area provides                  RIN 1625–AA09                                         flow across the Flagler Memorial, Royal
                                                  separation between the Race Area and                                                                          Park and Southern Boulevard bridges
                                                                                                          Drawbridge Operation Regulation;                      when the President of the United States,
                                                  Spectator Area or other vessels that are
                                                                                                          Atlantic Intracoastal Waterway, Palm                  members of the First Family, or other
                                                  operating in the vicinity of the regulated
                                                                                                          Beach, FL                                             persons under the protection of the
                                                  area defined in paragraph (b)(1) of this
                                                  section. Only participants and official                 AGENCY:   Coast Guard, DHS.                           Secret Service visit Mar-a-Lago.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  patrol vessels are allowed to enter the                 ACTION:   Notice of proposed rulemaking.                 On August 17, 2017, the Coast Guard
                                                  Buffer Zone.                                                                                                  published a notice of deviation from
                                                     (6) The Spectator Area is an area                    SUMMARY:  The Coast Guard proposes to                 drawbridge regulation with request for
                                                  described by a line bounded by                          modify the operating schedule that                    comments in the Federal Register (82
                                                  coordinates provided in latitude and                    governs the operation of the Flagler                  FR 39019) to test proposed changes.
                                                  longitude that outlines the boundary of                 Memorial (SR A1A) Bridge, mile 1021.8,                Three Comments were received during
                                                  a spectator area within the regulated                   the Royal Park (SR 704) Bridge, mile                  the test period, which were in favor of
                                                  area defined in paragraph (b)(4) of this                1022.6, and the Southern Boulevard (SR                the regulation changes.


                                             VerDate Sep<11>2014   16:12 May 18, 2018   Jkt 244001   PO 00000   Frm 00018   Fmt 4702   Sfmt 4702   E:\FR\FM\21MYP1.SGM   21MYP1


                                                                            Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules                                            23399

                                                    The Flagler Memorial (SR A1A)                         IV. Regulatory Analyses                                  Under section 213(a) of the Small
                                                  Bridge, mile 1021.8, across the AICW                      We developed this proposed rule after               Business Regulatory Enforcement
                                                  (Lake Worth Lagoon) at West Palm                        considering numerous statutes and                     Fairness Act of 1996 (Pub. L. 104–121),
                                                  Beach, Florida is a double-leaf bascule                 Executive Orders related to rulemaking.               we want to assist small entities in
                                                  bridge that has a vertical clearance of 22              Below we summarize our analyses                       understanding this proposed rule. If the
                                                  feet at mean high water in the closed                   based on these statutes and Executive                 rule would affect your small business,
                                                  position. The Royal Park (SR 704)                       Orders and we discuss First                           organization, or governmental
                                                  Bridge, mile 1022.6, across the AICW                    Amendment rights of protestors.                       jurisdiction and you have questions
                                                  (Lake Worth Lagoon) at West Palm                                                                              concerning its provisions or options for
                                                  Beach, Florida is a double-leaf bascule                 A. Regulatory Planning and Review                     compliance, please contact the person
                                                  bridge that has a vertical clearance of 21                 Executive Orders 12866 and 13563                   listed in the FOR FURTHER INFORMATION
                                                  feet at mean high water in the closed                   direct agencies to assess the costs and               CONTACT, above. The Coast Guard will
                                                  position. The Southern Boulevard (SR                    benefits of available regulatory                      not retaliate against small entities that
                                                  700/80) Bridge, mile 1024.7, across the                 alternatives and, if regulation is                    question or complain about this
                                                  AICW (Lake Worth Lagoon) at West                        necessary, to select regulatory                       proposed rule or any policy or action of
                                                  Palm Beach, Florida is under                            approaches that maximize net benefits.                the Coast Guard.
                                                  construction, a temporary lift bridge is                Executive Order 13771 directs agencies                C. Collection of Information
                                                  in place that has a vertical clearance of               to control regulatory costs through a
                                                  14 feet at mean high water in the closed                budgeting process. This NPRM has not                    This proposed rule would call for no
                                                  position and a 65 foot vertical clearance               been designated a ‘‘significant                       new collection of information under the
                                                  in the open position. The existing                      regulatory action,’’ under Executive                  Paperwork Reduction Act of 1995 (44
                                                  regulations are published in 33 CFR                     Order 12866. Accordingly, the NPRM                    U.S.C. 3501–3520.).
                                                  117.261(u), Flagler Memorial Bridge,                    has not been reviewed by the Office of                D. Federalism and Indian Tribal
                                                  § 117.261(v) Royal Park Bridge and                      Management and Budget (OMB) and                       Government
                                                  § 117.261(w) Southern Boulevard                         pursuant to OMB guidance it is exempt
                                                  Bridge.                                                 from the requirements of Executive                       A rule has implications for federalism
                                                                                                          Order 13771.                                          under Executive Order 13132,
                                                  III. Discussion of Proposed Rule                                                                              Federalism, if it has a substantial direct
                                                                                                             This regulatory action determination
                                                     These modified regulations are                       is based on the ability that vessels able             effect on the States, on the relationship
                                                  necessary to alleviate vehicle traffic                  to pass through the Flagler Memorial                  between the national government and
                                                  congestion when the President of the                    and Royal Park Bridges in the closed                  the States, or on the distribution of
                                                  United States, members of the First                     position may do so at anytime. The                    power and responsibilities among the
                                                  Family, or other persons under the                      bridges will be able to open for                      various levels of government. We have
                                                  protection of the Secret Service visit                  emergencies. The Southern Boulevard                   analyzed this proposed rule under that
                                                  Mar-a-Lago. The increase in traffic                     Bridge will be under the control of the               Order and have determined that it is
                                                  congestion occurs when the proposed                     on-scene designated representative.                   consistent with the fundamental
                                                  Presidential Security Zone (see 82 FR                                                                         federalism principles and preemption
                                                  28036) is enforced which closes the                     B. Impact on Small Entities                           requirements described in Executive
                                                  Southern Boulevard Bridge when the                         The Regulatory Flexibility Act of 1980             Order 13132.
                                                  presidential motorcade is in transit.                   (RFA), 5 U.S.C. 601–612, as amended,                     Also, this proposed rule does not have
                                                  This action requires through traffic to                 requires federal agencies to consider the             tribal implications under Executive
                                                  use the Flagler Memorial and Royal Park                 potential impact of regulations on small              Order 13175, Consultation and
                                                  Bridges.                                                entities during rulemaking. The term                  Coordination with Indian Tribal
                                                     This NPRM proposes the same                          ‘‘small entities’’ comprises small                    Governments, because it would not have
                                                  schedule as during the temporary                        businesses, not-for-profit organizations              a substantial direct effect on one or
                                                  deviation. The Flagler Memorial Bridge                  that are independently owned and                      more Indian tribes, on the relationship
                                                  is allowed to remain closed to                          operated and are not dominant in their                between the Federal Government and
                                                  navigation from 2:15 p.m. to 5:30 p.m.                  fields, and governmental jurisdictions                Indian tribes, or on the distribution of
                                                  with the exception of a once an hour                    with populations of less than 50,000.                 power and responsibilities between the
                                                  opening at 2:15 p.m., 3:15 p.m., 4:15                   The Coast Guard certifies under 5 U.S.C.              Federal Government and Indian tribes.
                                                  p.m. and 5:15 p.m., weekdays only, if                   605(b) that this proposed rule would not              If you believe this proposed rule has
                                                  vessels are requesting an opening. The                  have a significant economic impact on                 implications for federalism or Indian
                                                  Royal Park Bridge is allowed to remain                  a substantial number of small entities.               tribes, please contact the person listed
                                                  closed to navigation from 2:15 p.m. to                     While some owners or operators of                  in the FOR FURTHER INFORMATION
                                                  5:30 p.m. with the exception of a once                  vessels intending to transit the bridges              CONTACT section above.
                                                  an hour opening at 2:30 p.m., 3:30 p.m.,                may be small entities, for the reasons
                                                  4:30 p.m. and 5:30 p.m., weekdays only,                 stated in section IV.A above this                     E. Unfunded Mandates Reform Act
                                                  if vessels are requesting an opening. At                proposed rule may impact but would                      The Unfunded Mandates Reform Act
                                                  all other times the bridges will operate                not have a significant economic impact                of 1995 (2 U.S.C. 1531–1538) requires
                                                  per their normal schedules.                             on any vessel owner or operator.                      Federal agencies to assess the effects of
                                                     The operating schedule of the                           If you think that your business,                   their discretionary regulatory actions. In
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                                                  Southern Boulevard Bridge, which is                     organization, or governmental                         particular, the Act addresses actions
                                                  closest to Mar-a-Lago, will be allowed to               jurisdiction qualifies as a small entity              that may result in the expenditure by a
                                                  remain closed to navigation whenever                    and that this rule would have a                       State, local, or tribal government, in the
                                                  the presidential motorcade is in transit.               significant economic impact on it,                    aggregate, or by the private sector of
                                                  At all other times the bridge shall open                please submit a comment (see                          $100,000,000 (adjusted for inflation) or
                                                  on the quarter and three-quarter hour, or               ADDRESSES) explaining why you think it                more in any one year. Though this
                                                  as directed by the on-scene designated                  qualifies and how and to what degree                  proposed rule will not result in such an
                                                  representative.                                         this rule would economically affect it.               expenditure, we do discuss the effects of


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                                                  23400                     Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules

                                                  this proposed rule elsewhere in this                    provided. For more about privacy and                  uninterrupted transit of dignitaries
                                                  preamble.                                               the docket, visit http://                             across the bridge. At all other times the
                                                                                                          www.regulations.gov/privacynotice.                    bridge shall open on the quarter and
                                                  F. Environment
                                                                                                            Documents mentioned in this NPRM                    three-quarter hour, or as directed by the
                                                     We have analyzed this proposed rule                  as being available in this docket and all             on-scene designated representative.
                                                  under Department of Homeland                            public comments, will be in our online                *     *    *     *     *
                                                  Security Directive 023–01, which guides                 docket at http://www.regulations.gov
                                                  the Coast Guard in complying with the                                                                           Dated: April 30, 2018.
                                                                                                          and can be viewed by following that
                                                  National Environmental Policy Act of                    website’s instructions. Additionally, if              Peter J. Brown,
                                                  1969 (42 U.S.C. 4321–4370f), and have                   you go to the online docket and sign up               Rear Admiral, U.S. Coast Guard, Commander,
                                                  made a preliminary determination that                   for email alerts, you will be notified                Seventh Coast Guard District.
                                                  this action is one of a category of actions             when comments are posted or a final                   [FR Doc. 2018–10808 Filed 5–18–18; 8:45 am]
                                                  that do not individually or cumulatively                rule is published.                                    BILLING CODE 9110–04–P
                                                  have a significant effect on the human
                                                  environment. This proposed rule                         List of Subjects in 33 CFR Part 117
                                                  involves the operating regulations or                     Bridges.                                            DEPARTMENT OF HOMELAND
                                                  procedures for drawbridges. Normally                      For the reasons discussed in the                    SECURITY
                                                  such actions are categorically excluded                 preamble, the Coast Guard proposes to
                                                  from further review under paragraph                                                                           Coast Guard
                                                                                                          amend 33 CFR part 117 as follows:
                                                  L49 of Appendix A, Table 1 of DHS
                                                  Instruction Manual 023–01–001–01,                       PART 117—DRAWBRIDGE                                   33 CFR Part 165
                                                  Rev. 01. A preliminary Record of                        OPERATION REGULATIONS
                                                  Environmental Consideration and a                                                                             [Docket Number USCG–2018–0183]
                                                  Memorandum for the Record are not                       ■ 1. The authority citation for part 117
                                                  required for this proposed rule. We seek                continues to read as follows:                         RIN 1625–AA11
                                                  any comments or information that may                      Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                  lead to the discovery of a significant                  Department of Homeland Security Delegation            Safety Zone; Philippine Sea, Rota
                                                  environmental impact from this                          No. 0170.1.
                                                                                                                                                                AGENCY:   Coast Guard, DHS.
                                                  proposed rule.                                          ■ 2. Amend § 117.261 by revising                      ACTION:   Notice of proposed rulemaking.
                                                  G. Protest Activities                                   paragraphs (u), (v), and (w) to read as
                                                                                                          follows:                                              SUMMARY:   The Coast Guard proposes to
                                                    The Coast Guard respects the First                                                                          establish a temporary safety zone for
                                                  Amendment rights of protesters.                         § 117.261 Atlantic Intracoastal Waterway
                                                                                                                                                                certain waters off of the Port of Rota.
                                                  Protesters are asked to contact the                     from St. Marys River to Key Largo.
                                                                                                                                                                The Coast Guard believes this safety
                                                  person listed in the FOR FURTHER                        *      *    *     *     *                             zone is necessary to protect all divers
                                                  INFORMATION CONTACT section to                             (u) Flagler Memorial (SR A1A) Bridge,              participating in this underwater military
                                                  coordinate protest activities so that your              mile 1021.8, at West Palm Beach.                      exercise from potential safety hazards
                                                  message can be received without                            (1) The draw shall open on the quarter             associated with vessel traffic in the area.
                                                  jeopardizing the safety or security of                  and three-quarter hour.                               This proposed rulemaking would
                                                  people, places or vessels.                                 (2) When the security zone is
                                                                                                                                                                prohibit persons and vessels not
                                                                                                          enforced, the draw is allowed to remain
                                                  V. Public Participation and Request for                                                                       involved in the exercise from being in
                                                                                                          closed to navigation from 2:15 p.m. to
                                                  Comments                                                                                                      the safety zone unless authorized by the
                                                                                                          5:30 p.m. with the exception of a once
                                                     We view public participation as                                                                            Captain of the Port Guam (COTP) or a
                                                                                                          an hour opening at 2:15 p.m., 3:15 p.m.,
                                                  essential to effective rulemaking, and                                                                        designated representative. We invite
                                                                                                          4:15 p.m. and 5:15 p.m., weekdays only,
                                                  will consider all comments and material                                                                       your comments on this proposed
                                                                                                          if vessels are requesting an opening. At
                                                  received during the comment period.                                                                           rulemaking.
                                                                                                          all other times the draw shall open on
                                                  Your comment can help shape the                         the quarter and three-quarter hour.                   DATES:  Comments and related material
                                                  outcome of this rulemaking. If you                         (v) Royal Park (SR 704) Bridge, mile               must be received by the Coast Guard on
                                                  submit a comment, please include the                    1022.6, at West Palm Beach.                           or before June 20, 2018.
                                                  docket number for this rulemaking,                         (1) The draw shall open on the hour                ADDRESSES: You may submit comments
                                                  indicate the specific section of this                   and half-hour.                                        identified by docket number USCG–
                                                  document to which each comment                             (2) When the security zone is                      2018–0183 using the Federal
                                                  applies, and provide a reason for each                  enforced, the draw is allowed to remain               eRulemaking Portal at http://
                                                  suggestion or recommendation.                           closed to navigation from 2:15 p.m. to                www.regulations.gov. See the ‘‘Public
                                                     We encourage you to submit                           5:30 p.m. with the exception of a once                Participation and Request for
                                                  comments through the Federal                            an hour opening at 2:30 p.m., 3:30 p.m.,              Comments’’ portion of the
                                                  eRulemaking Portal at http://                           4:30 p.m. and 5:30 p.m., weekdays only,               SUPPLEMENTARY INFORMATION section for
                                                  www.regulations.gov. If your material                   if vessels are requesting an opening. At              further instructions on submitting
                                                  cannot be submitted using http://                       all other times the draw shall open on                comments.
                                                  www.regulations.gov, contact the person                 the hour and half-hour.
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                                                  in the FOR FURTHER INFORMATION                             (w) Southern Boulevard (SR 700/80)                 FOR FURTHER INFORMATION CONTACT:   If
                                                  CONTACT section of this document for                    Bridge, mile 1024.7, at West Palm                     you have questions about this proposed
                                                  alternate instructions.                                 Beach.                                                rulemaking, call or email Chief Todd
                                                     We accept anonymous comments. All                       (1) The draw shall open on the quarter             Wheeler, Sector Guam Waterways
                                                  comments received will be posted                        and three-quarter hour.                               Management Division, U.S. Coast
                                                  without change to http://                                  (2) When the security zone is                      Guard; telephone 671–355–4866, email
                                                  www.regulations.gov and will include                    enforced, the draw may be closed                      WWMGuam@uscg.mil.
                                                  any personal information you have                       without advanced notice to permit                     SUPPLEMENTARY INFORMATION:



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Document Created: 2018-11-02 11:07:10
Document Modified: 2018-11-02 11:07:10
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
ActionNotice of proposed rulemaking.
DatesComments and relate material must reach the Coast Guard on or before July 5, 2018.
ContactIf you have questions on this rule, call or email LT Ruth Sadowitz, Coast Guard Sector Miami, FL, Waterways Management Division, telephone 305-535-4307, email [email protected]
FR Citation83 FR 23398 
RIN Number1625-AA09

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