83 FR 7110 - Drawbridge Operation Regulation; Banana River, Indian Harbour Beach, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 34 (February 20, 2018)

Page Range		7110-7111
FR Document		2018-03347

The Coast Guard has issued a temporary deviation from the operating schedule that governs the Mathers Bridge across the Banana River, mile 0.5, at Indian Harbour Beach, FL. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation will allow the bridge to open for vessels at specific times.

Federal Register, Volume 83 Issue 34 (Tuesday, February 20, 2018)

[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Rules and Regulations]
[Pages 7110-7111]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03347]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0060]


Drawbridge Operation Regulation; Banana River, Indian Harbour 
Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

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SUMMARY: The Coast Guard has issued a temporary deviation from the 
operating schedule that governs the Mathers Bridge across the Banana 
River, mile 0.5, at Indian Harbour Beach, FL. This deviation will test 
a change to the drawbridge operation schedule to determine whether a 
permanent change to the schedule is needed. This deviation will allow 
the bridge to open for vessels at specific times.

DATES: This deviation is effective without actual notice from February 
20, 2018 through 6 a.m. on August 4, 2018. For the purposes of 
enforcement, actual notice will be used from 6 a.m. on February 5, 2018 
until February 20, 2018. Comments and relate material must reach the 
Coast Guard on or before August 4, 2018.

ADDRESSES: You may submit comments identified by docket number USCG- 
2017-0060 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 test

[[Page 7111]]

deviation, call or email LT Allan Storm, Sector Jacksonville, Waterways 
Management Division, U.S. Coast Guard; telephone 904-714-7616, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background, Purpose and Legal Basis

    Mathers Bridge across the Banana River, mile 0.5, at Indian Harbour 
Beach, FL is a swing bridge. It has a vertical clearance of 7 feet at 
mean high water in the closed position and a horizontal clearance of 74 
feet and 81 feet. Presently, the bridge operates in accordance with 33 
CFR 117.263.
    On January 12, 2017, the Brevard County Public Works Department, 
the bridge owner, requested the Coast Guard consider allowing the 
bridge to not open for vessels except every 30 minutes on the hour and 
half hour. The county requested this action in order to reduce traffic 
delays caused by the numerous openings of the bridge.
    On April 24, 2017, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Banana River, Indian 
Harbour Beach, FL in the Federal Register (82 FR 18877) and received 
minimul comments. The City of Indian Harbour Beach, FL requested to 
have the comment period re-opened as they believed their constituency 
did not have awareness of the initial notice and comment period. On 
October 23, 2017, we published a notice of proposed rulemaking; 
reopening comment period entitled Drawbridge Operation Regulation; 
Banana River, Indian Harbour Beach, FL in the Federal Register (82 FR 
48939).
    Due to the numerous comments received both for and against the 
proposed rule, the Coast Guard is publishing this temporary deviation 
to test the proposed schedule change to determine whether a permanent 
change is appropriate to better balance the needs of maritime and 
vehicle traffic.
    Under this test deviation, in effect from 6 a.m. on February 5, 
2018 to 6 a.m. on August 4, 2018, the bridge shall open for vessels 
requesting passage on the hour and half hour, from 6 a.m. to 10 p.m., 
Sunday through Thursday. On Friday, Saturday and all Federal holidays, 
24 hours a day, the bridge shall open for vessels on the hour and half 
hour. At all other times, the bridge shall open on signal if at least 
two hours notice is given. Vessels able to pass through the bridge in 
the closed position may do so at anytime. The bridge will be able to 
open for emergencies and there is no immediate alternate route for 
vessels to pass through the bridge in closed position.
    The Coast Guard will also inform the users of the waterways through 
our Local and Broadcast Notices to Mariners of the change in operating 
schedule for the bridge so that vessel operators can arrange their 
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the effective 
period of this temporary deviation. This deviation from the operating 
regulations is authorized under 33 CFR 117.35.

II. 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 notice 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.

    Dated: February 6, 2018.
Barry L. Dragon,
Director, Bridge Branch, Seventh Coast Guard District.
[FR Doc. 2018-03347 Filed 2-16-18; 8:45 am]
BILLING CODE 9110-04-P

7110 Federal Register / Vol. 83, No. 34 / Tuesday, February 20, 2018 / Rules and Regulations

The Commission has determined that impact on a substantial number of small Commissioner is participating, the
there may be instances in which it entities. See 5 U.S.C. 605(b). General Counsel in consultation, where
would be unable to resolve or act in appropriate, with the Directors of the
Paperwork Reduction Act
certain matters in the absence of a Bureaus of Consumer Protection,
quorum for the transaction of business. The regulations adopted herein do not Competition, and Economics shall
See Commission Rule 4.14(b), 16 CFR contain information collection exercise this delegated authority
4.14(b) (Commission quorum). Under requirements within the meaning of the without power of redelegation. This
these circumstances, the Commission Paperwork Reduction Act, 44 U.S.C. delegation does not alter or affect other
believes that a delegation of its authority 3501–3520. delegations to Commission staff. This
to act to resolve or advance matters in Administrative Procedure Act delegation is only authorized for those
which no party or intervenor has a right instances in which the Commission
to petition the agency for discretionary The amended rule is published in lacks a quorum as set forth in
review or in which any such party or final form without the opportunity for Commission Rule 4.14(b), 16 CFR
intervenor has waived such a right, public notice and comment because it is 4.14(b) (Commission quorum).
serves the public interest. This a rule of ‘‘agency organization,
procedure, or practice.’’ See 5 U.S.C. By direction of the Commission.
delegation is not intended to alter or Donald S. Clark,
affect existing delegations to 553(b)(3)(A).
Secretary.
Commission staff. List of Subjects in 16 CFR Part 0
The delegate or delegates are [FR Doc. 2018–03296 Filed 2–16–18; 8:45 am]
authorized to act (1) in instances in Administrative practice and BILLING CODE 6750–01–P

which no party or intervenor would be procedure, Organization, Delegation of
adversely affected by the action and functions.
entitled to seek discretionary review by For the reasons stated in the DEPARTMENT OF HOMELAND
the full Commission, and (2) in matters preamble, the Federal Trade SECURITY
where a party or intervenor would be Commission amends Title 16, Chapter I,
adversely affected and entitled to seek Subchapter A, of the Code of Federal Coast Guard
such review, but the affected party or Regulations, as follows:
intervenor has waived such right, as 33 CFR Part 117
PART 0—ORGANIZATION
provided by section 1(b) of Plan No. 4. [Docket No. USCG–2017–0060]
In either instance, the delegation would ■ 1. The authority citation for part 0
not adversely affect the procedural continues to read as follows: Drawbridge Operation Regulation;
rights of the relevant party or Banana River, Indian Harbour Beach,
Authority: 5 U.S.C. 552(a)(1); 15 U.S.C. FL
intervenor. 46(g).
In matters in which at least one
AGENCY: Coast Guard, DHS.
Commissioner is participating, the ■ 2. Revise § 0.7 to read as follows:
delegation is made to the participating ACTION: Notice of temporary deviation
Commissioner or to the body of § 0.7 Delegation of functions. from regulations; request for comments.
Commissioners who are participating. In (a) The Commission, under the
SUMMARY: The Coast Guard has issued a
matters in which no Commissioner is authority provided by Reorganization
temporary deviation from the operating
available or no Commissioner is Plan No. 4 of 1961, may delegate, by
schedule that governs the Mathers
participating, the General Counsel in published order or rule, certain of its
Bridge across the Banana River, mile
consultation, where appropriate, with functions to a division of the
0.5, at Indian Harbour Beach, FL. This
the Directors of the Bureaus of Commission, an individual deviation will test a change to the
Consumer Protection, Competition, and Commissioner, an administrative law drawbridge operation schedule to
Economics has authority to carry out judge, or an employee or employee determine whether a permanent change
these limited delegated actions without board, and retains a discretionary right to the schedule is needed. This
power of redelegation. to review such delegated action upon its deviation will allow the bridge to open
The instant delegation is only own initiative or upon petition of a for vessels at specific times.
authorized for those matters in which party to or an intervenor in such action.
(b) The Commission delegates its DATES: This deviation is effective
the Commission lacks a quorum as set without actual notice from February 20,
forth in Commission Rule 4.14(b), 16 functions, subject to certain limitations,
when no quorum is available for the 2018 through 6 a.m. on August 4, 2018.
CFR 4.14(b) (Commission quorum). The For the purposes of enforcement, actual
delegation is not in effect in instances transaction of business. The delegate or
delegates are authorized to act in notice will be used from 6 a.m. on
in which the Commission has a quorum. February 5, 2018 until February 20,
This delegation does not extend to the instances in which no party or
intervenor would be adversely affected 2018. Comments and relate material
authority to act as an Administrative must reach the Coast Guard on or before
Law Judge in a formal administrative by the delegated action and entitled to
seek review by the Commission, as August 4, 2018.
adjudication or impact any statutory
provided by section 1(b) of ADDRESSES: You may submit comments
requirements specifically requiring
action by a quorum of Commissioners. Reorganization Plan No. 4 of 1961, or in identified by docket number USCG-
instances in which all such adversely 2017–0060 using Federal eRulemaking
Regulatory Flexibility Act affected parties or intervenors have Portal at http://www.regulations.gov.
sradovich on DSK3GMQ082PROD with RULES

The Commission certifies that these waived such a right. In actions in which See the ‘‘Public Participation and
new regulations, which deal solely with at least one Commissioner is Request for Comments’’ portion of the
internal policies governing FTC participating, this delegation is to the SUPPLEMENTARY INFORMATION section
personnel, do not require an initial or participating Commissioner or to the below for instructions on submitting
final regulatory analysis under the body of Commissioners who are comments.
Regulatory Flexibility Act because they participating. In actions in which no FOR FURTHER INFORMATION CONTACT: If
will not have a significant economic Commissioner is available or no you have questions on this test

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Document Created: 2018-02-17 02:29:30
Document Modified: 2018-02-17 02:29:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notice of temporary deviation from regulations; request for comments.
Dates		This deviation is effective without actual notice from February 20, 2018 through 6 a.m. on August 4, 2018. For the purposes of enforcement, actual notice will be used from 6 a.m. on February 5, 2018 until February 20, 2018. Comments and relate material must reach the Coast Guard on or before August 4, 2018.
Contact		If you have questions on this test deviation, call or email LT Allan Storm, Sector Jacksonville, Waterways Management Division, U.S. Coast Guard; telephone 904-714-7616, email [email protected]
FR Citation		83 FR 7110

83 FR 7110 - Drawbridge Operation Regulation; Banana River, Indian Harbour Beach, FL

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 34 (February 20, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard