
[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Proposed Rules]
[Pages 18877-18879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08141]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0060]
RIN 1625-AA09


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Mathers Bridge across the Banana River, mile 0.5, in Indian 
Harbour Beach, FL. Inconsistent bridge openings for vessels passing 
through the bridge have been causing vehicle traffic backups on the 
roads in and around the vicinity of the bridge. This action is 
necessary to help reduce vehicle traffic congestion in this area. The 
proposed rulemaking would only allow the bridge to open for vessels at 
specific periods.

DATES: Comments and related material must reach the Coast Guard on or 
before June 23, 2017.

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

[[Page 18878]]

below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Rod Elkins with the Seventh Coast Guard 
District Bridge Office; telephone 305-415-6989, email 
rodney.j.elkins@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    On January 12, 2017, the Brevard County Public Works Department 
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 
conducted traffic studies and reviewed bridge logs which showed the 
change would alleviate vehicle traffic without adversely affecting 
vessel traffic. The data supporting the request will be included in the 
electronic docket for this proposed rulemaking.
    Mathers Bridge across 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, in accordance with 33 CFR 117.263, the 
Mathers Bridge is required to open on signal for the passage of vessels 
except that, from 10 p.m. to 6 a.m. Monday through Friday except 
Federal holidays, the draw shall open on signal if at least two hours 
notice is given.

III. Discussion of Proposed Rule

    The Coast Guard proposes to modify the operating schedule that 
governs the Mathers Bridge across the Banana River, mile 0.5, in Indian 
Harbour Beach, FL.
    This proposed rule would implement regulations for the bridge to 
only open for vessels requesting passage through the bridge on the hour 
and half hour, from 6:00 a.m. to 10:00 p.m., on Sunday through 
Thursday. On Fridays, Saturdays and all Federal Holidays, the bridge 
will only open for vessels requesting passage through the bridge on the 
hour and half hour. At all other times, the bridge shall open on signal 
if at least two hours notice is given.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. 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.
    The Coast Guard has determined that this NPRM is not a significant 
regulatory action because of the minimal impact to vessels on the 
waterway; as the bridge will have an opening every 30 minutes to allow 
vessel traffic to pass. Additionally, vessels that can transit under 
the bridge without an opening may do so.

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 bridge may be small entities, for the 
reasons stated in section IV.A above this proposed rule 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 rulemaking 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 rulemaking 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 proposed 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 18879]]

this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 preliminary 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 proposed rule simply 
promulgates the operating regulations or procedures for drawbridges. 
Normally such actions are categorically excluded from further review, 
under figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this 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, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this proposed rule, and all public comments, 
are in our online docket at http://www.regulations.gov and can be 
viewed by following that Web site'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.  117.263 by revising paragraph (a) to read as follows:


Sec.  117.263  Banana River

    (a) The draw of the Mathers Bridge, mile 0.5, at Indian Harbour 
Beach, will operate in accordance with the following schedule:
    (1) Sundays through Thursdays, between 6 a.m. and 10 p.m., the draw 
will open on signal, on the hour and on the half hour.
    (2) Fridays, Saturdays, and Federal holidays, 24 hours a day, the 
draw will open on signal, on the hour and on the half hour.
    (3) At all other times, the bridge shall open on signal if at least 
two hours notice is given.
* * * * *

    Dated: April 7, 2017.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard.
[FR Doc. 2017-08141 Filed 4-21-17; 8:45 am]
 BILLING CODE 9110-04-P


