[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Proposed Rules]
[Pages 20454-20455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07637]


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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; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its notice of proposed 
rulemaking concerning the Mathers Bridge across the Banana River, mile 
0.5, at Indian Harbour Beach, FL. The bridge owner, Brevard County 
Public Works Department, proposed to change the bridge operating 
schedule to allow for scheduled openings in order to reduce traffic 
delays. After careful consideration of the comments from all parties, 
it was determined to be in the best interest of navigation to withdraw 
the NPRM.

DATES: The notice of proposed rulemaking is withdrawn on April 13, 
2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2017-0060 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket

[[Page 20455]]

Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION:

Background Information and Regulatory History

    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) to solicit 
comments on the proposed rulemaking concerning the request to change 
the operating schedule. Minimal comments were received. 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, on February 20, 2018, the Coast Guard published a notice 
of temporary deviation from regulation; request for comments entitled 
``Drawbridge Operation Regulation; Banana River, Indian Harbour Beach, 
FL'' in the Federal Register (83 FR 7110). The purpose of this 
temporary deviation was to test the proposed schedule change to 
determine whether a permanent change is appropriate to better balance 
the needs of maritime and vehicle traffic.

Withdrawal

    The Coast Guard received 199 comments, of those, 130 were against 
the proposal, 65 were in favor of the proposed change, three suggested 
removing the bridge in its entirety or build a new one, and one was 
unrelated to the proposed rule. The comments in favor of the proposal 
generally felt that placing the bridge on a schedule would help 
alleviate vehicular traffic on the bridge. The comments to remove or 
rebuild the bridge are not considered viable options. Upon reviewing 
the comments against the proposed change, concern was expressed that 
the change would increase navigation delays, introduce unnecessary 
hazards to navigation by limiting the bridge openings and create longer 
bridge openings in an area with a high volume of recreational boaters. 
The Coast Guard acknowledges all of the above safety concerns, and for 
that reason, we feel that any benefits of the proposed schedule change 
at the Mathers Bridge do not outweigh the additional hazards to vessels 
and mariners transiting the area around the bridge. The current 
regulation as written in 33 CFR 117.263 shall remain in effect.

Authority

    The authority citation for part 117 continues to read as follows:
    33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security 
Delegation No. 0170.1.

    Dated: April 7, 2020.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2020-07637 Filed 4-10-20; 8:45 am]
 BILLING CODE 9110-04-P


