83_FR_47743 83 FR 47560 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Palm Beach, FL

83 FR 47560 - Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Palm Beach, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 183 (September 20, 2018)

Page Range47560-47562
FR Document2018-20500

The Coast Guard is modifying 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 modifications are necessary to accommodate the increase in vehicular traffic when the presidential motorcade is in transit.

Federal Register, Volume 83 Issue 183 (Thursday, September 20, 2018)
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47560-47562]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20500]


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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: Final rule.

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

SUMMARY: The Coast Guard is modifying 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 modifications 
are necessary to accommodate the increase in vehicular traffic when the 
presidential motorcade is in transit.

DATES: This rule is effective on September 20, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0273 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 CWO4 Robert Wooten, Coast Guard Sector Miami, FL, 
Waterways Management Division, telephone 305-535-4311, 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 Florida
FDOT Florida Department of Transportation
AICW Atlantic Intracoastal Waterway

II. Background Information and Regulatory History

    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. Due to delays in processing this proposed regulatory change, 
on March 6, 2018, the Coast Guard published a notice of deviation from 
regulations with request for comments extension in the Federal Register 
(82 FR 9431) to allow for additional time for the public to comment. 
One comment was received. On May 21, 2018, the Coast Guard published a 
notice of proposed rulemaking (NPRM) entitled Drawbridge Operation 
Regulation; Atlantic Intracoastal Waterway, Palm Beach, FL in the 
Federal Register (83 FR 23398). No comments were received. Due to 
delays in processing this regulatory change, on June 25, 2018, the 
Coast Guard published a notice of deviation from regulations with 
request for comments extension in the Federal Register (83 FR 29438) to 
allow additional time for public comment and to evaluate the changes to 
the operating schedules with the establishment of the Presidential 
Security Zone (82 FR 17295). No comments were received.
    We are issuing rule under 5 U.S.C. 553(d)(3), the Coast Guard finds 
that good cause exists for making this rule effective in less than 30 
days after publication in the Federal Register. The notice of deviation 
published in the Federal Register (83 FR 29438) expires on August 29, 
2018 and this rule must be in effect immediately thereafter.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
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.
    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. The increase in traffic congestion 
occurs when the Presidential Security Zone (82 FR 17295) 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.

IV. Discussion of Comments, Changes and the Final Rule

    As noted above, we received four comments total on the two notices 
of deviation published on August 17, 2017 and March 6, 2018, 
respectively. Of the four comments received, one was a political 
statement with no relevance on the proposed regulation. Three of the 
four comments received were in favor of the regulation. Two of the 
comments in favor of the regulation suggested the changes be made 
permanent regardless of presidential visits. The Coast Guard has 
considered this recommendation, however, making the modified operating 
schedule permanent would place an unreasonable burden on navigation and 
potentially have a negative impact on safe navigation. The modified 
schedule is only in effect when uninterrupted transit of dignitaries 
are crossing the Southern Boulevard Bridge. While vessels may have to 
wait up to an hour, it is only during the weekdays and for a short 
period.

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

[[Page 47561]]

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 ability that 
vessels able to pass through the Flagler Memorial and Royal Park 
Bridges in the closed position may do so at any time. The bridges will 
be able to open for emergencies. The Southern Boulevard Bridge will be 
under the control of the on-scene designated representative when the 
Presidential Security Zone is enforced.

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 zero 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 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 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 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. 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.

[[Page 47562]]

    (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 advance 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: August 31, 2018.
James A. Passarelli,
Captain, U.S. Coast Guard Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 2018-20500 Filed 9-19-18; 8:45 am]
BILLING CODE 9110-04-P



                                             47560            Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations

                                             are fortified with greater than or equal                 I. Table of Abbreviations                             leaf bascule bridge that has a vertical
                                             to 100 mg of calcium per 240 mL,                         CFR Code of Federal Regulations                       clearance of 21 feet at mean high water
                                             excluding fruit juice drinks that are                    DHS Department of Homeland Security                   in the closed position. The Southern
                                             specially formulated or processed for                    FR Federal Register                                   Boulevard (SR 700/80) Bridge, mile
                                             infants.                                                 OMB Office of Management and Budget                   1024.7, across the AICW (Lake Worth
                                             *     *     *     *     *                                NPRM Notice of proposed rulemaking                    Lagoon) at West Palm Beach, Florida is
                                                                                                        (Advance, Supplemental)                             under construction, a temporary lift
                                               Dated: September 13, 2018.                             § Section                                             bridge is in place that has a vertical
                                             Leslie Kux,                                              U.S.C. United States Code
                                                                                                      FL Florida
                                                                                                                                                            clearance of 14 feet at mean high water
                                             Associate Commissioner for Policy.
                                                                                                      FDOT Florida Department of                            in the closed position and a 65 foot
                                             [FR Doc. 2018–20375 Filed 9–19–18; 8:45 am]                                                                    vertical clearance in the open position.
                                                                                                        Transportation
                                             BILLING CODE 4164–01–P
                                                                                                      AICW Atlantic Intracoastal Waterway                   The existing regulations are published
                                                                                                                                                            in 33 CFR 117.261(u), Flagler Memorial
                                                                                                      II. Background Information and
                                                                                                                                                            Bridge, § 117.261(v) Royal Park Bridge,
                                             DEPARTMENT OF HOMELAND                                   Regulatory History
                                                                                                                                                            and § 117.261(w) Southern Boulevard
                                             SECURITY                                                    On August 17, 2017, the Coast Guard                Bridge.
                                                                                                      published a notice of deviation from                     The bridge owner, Florida Department
                                             Coast Guard                                              drawbridge regulation with request for                of Transportation, requested changes to
                                                                                                      comments in the Federal Register (82                  the drawbridge operating schedules to
                                             33 CFR Part 117                                          FR 39019) to test proposed changes.                   better facilitate orderly vehicle traffic
                                             [Docket No. USCG–2017–0273]                              Three comments were received. Due to                  flow across the Flagler Memorial, Royal
                                                                                                      delays in processing this proposed                    Park and Southern Boulevard bridges
                                             RIN 1625–AA09                                            regulatory change, on March 6, 2018,                  when the President of the United States,
                                                                                                      the Coast Guard published a notice of                 members of the First Family, or other
                                             Drawbridge Operation Regulation;
                                                                                                      deviation from regulations with request               persons under the protection of the
                                             Atlantic Intracoastal Waterway, Palm
                                                                                                      for comments extension in the Federal                 Secret Service visit Mar-a-Lago. The
                                             Beach, FL
                                                                                                      Register (82 FR 9431) to allow for                    increase in traffic congestion occurs
                                             AGENCY:    Coast Guard, DHS.                             additional time for the public to                     when the Presidential Security Zone (82
                                             ACTION:   Final rule.                                    comment. One comment was received.                    FR 17295) is enforced which closes the
                                                                                                      On May 21, 2018, the Coast Guard                      Southern Boulevard Bridge when the
                                             SUMMARY:    The Coast Guard is modifying                 published a notice of proposed
                                             the operating schedule that governs the                                                                        presidential motorcade is in transit.
                                                                                                      rulemaking (NPRM) entitled Drawbridge                 This action requires through traffic to
                                             operation of the Flagler Memorial (SR                    Operation Regulation; Atlantic
                                             A1A) Bridge, mile 1021.8, the Royal                                                                            use the Flagler Memorial and Royal Park
                                                                                                      Intracoastal Waterway, Palm Beach, FL
                                             Park (SR 704) Bridge, mile 1022.6, and                                                                         Bridges.
                                                                                                      in the Federal Register (83 FR 23398).
                                             the Southern Boulevard (SR 700/80)                       No comments were received. Due to                     IV. Discussion of Comments, Changes
                                             Bridge, mile 1024.7, across the Atlantic                 delays in processing this regulatory                  and the Final Rule
                                             Intracoastal Waterway, at West Palm                      change, on June 25, 2018, the Coast
                                             Beach, Florida. This modification                                                                                 As noted above, we received four
                                                                                                      Guard published a notice of deviation
                                             allows the Flagler Memorial, Royal Park                  from regulations with request for                     comments total on the two notices of
                                             and Southern Boulevard Bridges to                        comments extension in the Federal                     deviation published on August 17, 2017
                                             operate on alternative schedules when                    Register (83 FR 29438) to allow                       and March 6, 2018, respectively. Of the
                                             the President of the United States,                      additional time for public comment and                four comments received, one was a
                                             members of the First Family, or other                    to evaluate the changes to the operating              political statement with no relevance on
                                             persons under the protection of the                      schedules with the establishment of the               the proposed regulation. Three of the
                                             Secret Service visit Mar-a-Lago. The                     Presidential Security Zone (82 FR                     four comments received were in favor of
                                             modifications are necessary to                           17295). No comments were received.                    the regulation. Two of the comments in
                                             accommodate the increase in vehicular                       We are issuing rule under 5 U.S.C.                 favor of the regulation suggested the
                                             traffic when the presidential motorcade                  553(d)(3), the Coast Guard finds that                 changes be made permanent regardless
                                             is in transit.                                           good cause exists for making this rule                of presidential visits. The Coast Guard
                                                                                                      effective in less than 30 days after                  has considered this recommendation,
                                             DATES: This rule is effective on
                                                                                                      publication in the Federal Register. The              however, making the modified operating
                                             September 20, 2018.
                                                                                                      notice of deviation published in the                  schedule permanent would place an
                                             ADDRESSES: To view documents
                                                                                                      Federal Register (83 FR 29438) expires                unreasonable burden on navigation and
                                             mentioned in this preamble as being                                                                            potentially have a negative impact on
                                             available in the docket, go to http://                   on August 29, 2018 and this rule must
                                                                                                      be in effect immediately thereafter.                  safe navigation. The modified schedule
                                             www.regulations.gov. Type USCG–                                                                                is only in effect when uninterrupted
                                             2017–0273 in the ‘‘SEARCH’’ box and                      III. Legal Authority and Need for Rule                transit of dignitaries are crossing the
                                             click ‘‘SEARCH.’’ Click on Open Docket                      The Coast Guard is issuing this rule               Southern Boulevard Bridge. While
                                             Folder on the line associated with this                  under authority 33 U.S.C. 499. The                    vessels may have to wait up to an hour,
                                             rulemaking.                                              Flagler Memorial (SR A1A) Bridge, mile                it is only during the weekdays and for
                                             FOR FURTHER INFORMATION CONTACT: If                      1021.8, across the AICW (Lake Worth                   a short period.
                                             you have questions on this rule, call or                 Lagoon) at West Palm Beach, Florida is
tkelley on DSKBCP9HB2PROD with RULES2




                                             email CWO4 Robert Wooten, Coast                                                                                V. Regulatory Analyses
                                                                                                      a double-leaf bascule bridge that has a
                                             Guard Sector Miami, FL, Waterways                        vertical clearance of 22 feet at mean                   We developed this rule after
                                             Management Division, telephone 305–                      high water in the closed position. The                considering numerous statutes and
                                             535–4311, email robert.a.wooten@                         Royal Park (SR 704) Bridge, mile 1022.6,              Executive Orders related to rulemaking.
                                             uscg.mil.                                                across the AICW (Lake Worth Lagoon) at                Below we summarize our analyses
                                             SUPPLEMENTARY INFORMATION:                               West Palm Beach, Florida is a double-                 based on a number of these statutes and


                                        VerDate Sep<11>2014    16:15 Sep 19, 2018   Jkt 244001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\20SER1.SGM   20SER1


                                                              Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations                                       47561

                                             Executive Orders, and we discuss First                   listed in the FOR FURTHER INFORMATION                 F. Environment
                                             Amendment rights of protesters.                          CONTACT,   above.                                        We have analyzed this rule under
                                             A. Regulatory Planning and Review                           Small businesses may send comments                 Department of Homeland Security
                                                                                                      on the actions of Federal employees                   Management Directive 023–01 and
                                                Executive Orders 12866 and 13563                      who enforce, or otherwise determine                   Commandant Instruction M16475.lD,
                                             direct agencies to assess the costs and                  compliance with, Federal regulations to               which guides the Coast Guard in
                                             benefits of available regulatory                         the Small Business and Agriculture                    complying with the National
                                             alternatives and, if regulation is                       Regulatory Enforcement Ombudsman                      Environmental Policy Act of 1969
                                             necessary, to select regulatory                          and the Regional Small Business                       (NEPA) (42 U.S.C. 4321–4370f), and
                                             approaches that maximize net benefits.                   Regulatory Fairness Boards. The                       have made a determination that this
                                             Executive Order 13771 directs agencies                   Ombudsman evaluates these actions                     action is one of a category of actions
                                             to control regulatory costs through a                    annually and rates each agency’s                      which do not individually or
                                             budgeting process. This rule has not                     responsiveness to small business. If you              cumulatively have a significant effect on
                                             been designated a ‘‘significant                          wish to comment on actions by                         the human environment. This rule
                                             regulatory action,’’ under Executive                     employees of the Coast Guard, call 1–                 simply promulgates the operating
                                             Order 12866. Accordingly, it has not                     888–REG–FAIR (1–888–734–3247). The                    regulations or procedures for
                                             been reviewed by the Office of                           Coast Guard will not retaliate against                drawbridges. This action is categorically
                                             Management and Budget (OMB) and                          small entities that question or complain              excluded from further review, under
                                             pursuant to OMB guidance it is exempt                    about this rule or any policy or action               figure 2–1, paragraph (32)(e), of the
                                             from the requirements of Executive                       of the Coast Guard.                                   Instruction.
                                             Order 13771.                                                                                                      A Record of Environmental
                                                                                                      C. Collection of Information                          Consideration and a Memorandum for
                                                This regulatory action determination
                                             is based on the ability that vessels able                  This rule calls for no new collection               the Record are not required for this rule.
                                             to pass through the Flagler Memorial                     of information under the Paperwork                    G. Protest Activities
                                             and Royal Park Bridges in the closed                     Reduction Act of 1995 (44 U.S.C. 3501–
                                             position may do so at any time. The                      3520).                                                  The Coast Guard respects the First
                                             bridges will be able to open for                                                                               Amendment rights of protesters.
                                                                                                      D. Federalism and Indian Tribal                       Protesters are asked to contact the
                                             emergencies. The Southern Boulevard
                                                                                                      Government                                            person listed in the FOR FURTHER
                                             Bridge will be under the control of the
                                             on-scene designated representative                          A rule has implications for federalism             INFORMATION CONTACT section to
                                             when the Presidential Security Zone is                   under Executive Order 13132,                          coordinate protest activities so that your
                                             enforced.                                                Federalism, if it has a substantial direct            message can be received without
                                                                                                      effect on the States, on the relationship             jeopardizing the safety or security of
                                             B. Impact on Small Entities                                                                                    people, places or vessels.
                                                                                                      between the national government and
                                                The Regulatory Flexibility Act of 1980                the States, or on the distribution of                 List of Subjects in 33 CFR Part 117
                                             (RFA), 5 U.S.C. 601–612, as amended,                     power and responsibilities among the
                                             requires federal agencies to consider the                                                                        Bridges.
                                                                                                      various levels of government. We have
                                             potential impact of regulations on small                 analyzed this rule under that Order and                 For the reasons discussed in the
                                             entities during rulemaking. The term                     have determined that it is consistent                 preamble, the Coast Guard amends 33
                                             ‘‘small entities’’ comprises small                       with the fundamental federalism                       CFR part 117 as follows:
                                             businesses, not-for-profit organizations                 principles and preemption requirements
                                             that are independently owned and                                                                               PART 117—DRAWBRIDGE
                                                                                                      described in Executive Order 13132.
                                             operated and are not dominant in their                                                                         OPERATION REGULATIONS
                                                                                                         Also, this rule does not have tribal
                                             fields, and governmental jurisdictions                   implications under Executive Order                    ■ 1. The authority citation for part 117
                                             with populations of less than 50,000.                    13175, Consultation and Coordination                  continues to read as follows:
                                             The Coast Guard received zero                            with Indian Tribal Governments,                         Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                             comments from the Small Business                         because it does not have a substantial                Department of Homeland Security Delegation
                                             Administration on this rule. The Coast                   direct effect on one or more Indian                   No. 0170.1.
                                             Guard certifies under 5 U.S.C. 605(b)                    tribes, on the relationship between the
                                             that this rule will not have a significant                                                                     ■ 2. Amend § 117.261 by revising
                                                                                                      Federal Government and Indian tribes,
                                             economic impact on a substantial                                                                               paragraphs (u), (v), and (w) to read as
                                                                                                      or on the distribution of power and
                                             number of small entities.                                                                                      follows:
                                                                                                      responsibilities between the Federal
                                                While some owners or operators of                     Government and Indian tribes.                         § 117.261 Atlantic Intracoastal Waterway
                                             vessels intending to transit the bridge                                                                        From St. Marys River to Key Largo.
                                             may be small entities, for the reasons                   E. Unfunded Mandates Reform Act
                                                                                                                                                            *      *    *     *     *
                                             stated in section V.A above, this rule                     The Unfunded Mandates Reform Act                       (u) Flagler Memorial (SR A1A) Bridge,
                                             will not have a significant economic                     of 1995 (2 U.S.C. 1531–1538) requires                 mile 1021.8, at West Palm Beach. (1)
                                             impact on any vessel owner or operator.                  Federal agencies to assess the effects of             The draw shall open on the quarter and
                                                Under section 213(a) of the Small                     their discretionary regulatory actions. In            three-quarter hour.
                                             Business Regulatory Enforcement                          particular, the Act addresses actions                    (2) When the security zone is
                                             Fairness Act of 1996 (Pub. L. 104–121),                  that may result in the expenditure by a               enforced, the draw is allowed to remain
                                             we want to assist small entities in                      State, local, or tribal government, in the            closed to navigation from 2:15 p.m. to
tkelley on DSKBCP9HB2PROD with RULES2




                                             understanding this rule. If the rule                     aggregate, or by the private sector of                5:30 p.m. with the exception of a once
                                             would affect your small business,                        $100,000,000 (adjusted for inflation) or              an hour opening at 2:15 p.m., 3:15 p.m.,
                                             organization, or governmental                            more in any one year. Though this rule                4:15 p.m. and 5:15 p.m., weekdays only,
                                             jurisdiction and you have questions                      will not result in such an expenditure,               if vessels are requesting an opening. At
                                             concerning its provisions or options for                 we do discuss the effects of this rule                all other times the draw shall open on
                                             compliance, please contact the person                    elsewhere in this preamble.                           the quarter and three-quarter hour.


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                                             47562            Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations

                                                (v) Royal Park (SR 704) Bridge, mile                  DATES: This rule is effective from 7:30               Captain of the Port Buffalo (COTP) has
                                             1022.6, at West Palm Beach. (1) The                      p.m. until 8:30 p.m. on September 21,                 determined that a fireworks display
                                             draw shall open on the hour and half-                    2018.                                                 presents significant risks to the public
                                             hour.                                                    ADDRESSES: To view documents                          safety and property. Such hazards
                                                (2) When the security zone is                         mentioned in this preamble as being                   include premature and accidental
                                             enforced, the draw is allowed to remain                  available in the docket, go to http://                detonations, dangerous projectiles, and
                                             closed to navigation from 2:15 p.m. to                   www.regulations.gov, type USCG–2018–                  falling or burning debris. This rule is
                                             5:30 p.m. with the exception of a once                   0860 in the ‘‘SEARCH’’ box and click                  needed to protect personnel, vessels,
                                             an hour opening at 2:30 p.m., 3:30 p.m.,                 ‘‘SEARCH.’’ Click on Open Docket                      and the marine environment in the
                                             4:30 p.m. and 5:30 p.m., weekdays only,                  Folder on the line associated with this               navigable waters within the safety zone
                                             if vessels are requesting an opening. At                 rule.                                                 while the fireworks display takes place.
                                             all other times the draw shall open on                   FOR FURTHER INFORMATION CONTACT: If                   IV. Discussion of the Rule
                                             the hour and half-hour.                                  you have questions on this rule, call or
                                                (w) Southern Boulevard (SR 700/80)                    email LTJG Sean Dolan, Chief                            This rule establishes a temporary
                                             Bridge, mile 1024.7, at West Palm                        Waterways Management Division, U.S.                   safety zone on September 21, 2018, from
                                             Beach. (1) The draw shall open on the                    Coast Guard; telephone 716–843–9322,                  7:30 p.m. until 8:30 p.m. The safety
                                             quarter and three-quarter hour.                          email D09-SMB-SECBuffalo-WWM@                         zone will encompass all waters of Lake
                                                (2) When the security zone is                         uscg.mil.                                             Ontario, Oswego, NY contained within
                                             enforced, the draw may be closed                                                                               a 280-foot radius of: 43°30′43.30″ N,
                                                                                                      SUPPLEMENTARY INFORMATION:                            76°26′2.70″ W.
                                             without advance notice to permit
                                             uninterrupted transit of dignitaries                     I. Table of Abbreviations                               Entry into, transiting, or anchoring
                                             across the bridge. At all other times the                                                                      within the safety zone is prohibited
                                                                                                      CFR Code of Federal Regulations                       unless authorized by the Captain of the
                                             bridge shall open on the quarter and                     DHS Department of Homeland Security
                                             three-quarter hour, or as directed by the                FR Federal Register                                   Port Buffalo or his designated on-scene
                                             on-scene designated representative.                      NPRM Notice of proposed rulemaking                    representative. The Captain of the Port
                                                                                                      § Section                                             or his designated on-scene
                                             *      *    *     *     *
                                                                                                      U.S.C. United States Code                             representative may be contacted via
                                               Dated: August 31, 2018.                                                                                      VHF Channel 16.
                                             James A. Passarelli,
                                                                                                      II. Background Information and
                                                                                                      Regulatory History                                    V. Regulatory Analyses
                                             Captain, U.S. Coast Guard Commander,
                                             Seventh Coast Guard District, Acting.                       The Coast Guard is issuing this                      We developed this rule after
                                             [FR Doc. 2018–20500 Filed 9–19–18; 8:45 am]              temporary rule without prior notice and               considering numerous statutes and
                                             BILLING CODE 9110–04–P
                                                                                                      opportunity to comment pursuant to                    Executive orders related to rulemaking.
                                                                                                      authority under section 4(a) of the                   Below we summarize our analyses
                                                                                                      Administrative Procedure Act (APA) (5                 based on a number of these statutes and
                                             DEPARTMENT OF HOMELAND                                   U.S.C. 553(b)). This provision                        Executive orders, and we discuss First
                                             SECURITY                                                 authorizes an agency to issue a rule                  Amendment rights of protestors.
                                                                                                      without prior notice and opportunity to
                                                                                                                                                            A. Regulatory Planning and Review
                                             Coast Guard                                              comment when the agency for good
                                                                                                      cause finds that those procedures are                    Executive Orders 12866 and 13563
                                             33 CFR Part 165                                          ‘‘impracticable, unnecessary, or contrary             direct agencies to assess the costs and
                                                                                                      to the public interest.’’ Under 5 U.S.C.              benefits of available regulatory
                                             [Docket Number USCG–2018–0860]                           553 (b)(B), the Coast Guard finds that                alternatives and, if regulation is
                                                                                                      good cause exists for not publishing a                necessary, to select regulatory
                                                                                                      notice of proposed rulemaking (NPRM)                  approaches that maximize net benefits.
                                             RIN 1625–AA00
                                                                                                      with respect to this rule because the                 Executive Order 13771 directs agencies
                                             Safety Zone; C&S Worldwide Holdings                      event sponsor did not submit notice to                to control regulatory costs through a
                                             Inc. Fireworks, Lake Ontario, Oswego,                    the Coast Guard with sufficient time                  budgeting process. This rule has not
                                             NY                                                       remaining before the event to publish an              been designated a ‘‘significant
                                                                                                      NPRM. Delaying the effective date                     regulatory action,’’ under Executive
                                             AGENCY:    Coast Guard, DHS.                             would be contrary to the rule’s                       Order 12866. Accordingly, this rule has
                                             ACTION:   Temporary final rule.                          objectives of enhancing safety of life on             not been reviewed by the Office of
                                                                                                      the navigable water and protection of                 Management and Budget (OMB), and
                                             SUMMARY:   The Coast Guard is                            persons and vessels in vicinity of the                pursuant to OMB guidance it is exempt
                                             establishing a temporary safety zone for                 fireworks display.                                    from the requirements of Executive
                                             navigable waters within a 280-foot                          Under 5 U.S.C. 553(d)(3), the Coast                Order 13771.
                                             radius of the launch site located at 104                 Guard finds that good cause exists for                   This regulatory action determination
                                             Bayshore Rd., Oswego, NY. This safety                    making this rule effective less than 30               is based on the conclusion that this rule
                                             zone is intended to restrict vessels form                days after publication in the Federal                 is not a significant regulatory action. We
                                             portions of Lake Ontario during the C&S                  Register. Delaying the effective date                 anticipate that it will have minimal
                                             Worldwide Holdings Inc. fireworks                        would be contrary to the rule’s                       impact on the economy, will not
                                             display. This temporary safety zone is                   objectives of enhancing safety of life on             interfere with other agencies, will not
                                             necessary to protect mariners and                                                                              adversely alter the budget of any grant
tkelley on DSKBCP9HB2PROD with RULES2




                                                                                                      the navigable waters and protection of
                                             vessels from the navigational hazards                    persons and vessels in vicinity of the                or loan recipients, and will not raise any
                                             associated with a fireworks display.                     fireworks display.                                    novel legal or policy issues. The safety
                                             Entry of vessels or persons into this                                                                          zone created by this rule will be
                                             zone is prohibited unless specifically                   III. Legal Authority and Need for Rule                relatively small and enforced for a
                                             authorized by the Captain of the Port                       The Coast Guard is issuing this rule               relatively short time. Also, the safety
                                             Buffalo.                                                 under authority in 33 U.S.C 1231. The                 zone has been designed to allow vessels


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Document Created: 2018-09-20 02:09:26
Document Modified: 2018-09-20 02:09:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on September 20, 2018.
ContactIf you have questions on this rule, call or email CWO4 Robert Wooten, Coast Guard Sector Miami, FL, Waterways Management Division, telephone 305-535-4311, email [email protected]
FR Citation83 FR 47560 
RIN Number1625-AA09

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