[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Proposed Rules]
[Pages 28791-28793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10919]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0205]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
New Smyrna 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 Coronado Beach (George Musson) Bridge across the Atlantic 
Intracoastal Waterway, mile 845, at New Smyrna Beach, FL. This proposed 
rule would change the existing 20 minute opening schedule to a 30 
minute opening schedule between 7 a.m. and 7 p.m. This modification 
would provide some relief to vehicle traffic congestion and would have 
little to no effect on navigation. The proposed rule will also add the 
local bridge name to the regulation published in the Code of Federal 
Regulations, George Musson/Coronado Beach (SR44). We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before July 11, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0205 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 proposed 
rule, call or email LT Allan Storm with the Coast Guard; telephone 904-
714-7616, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background, Purpose and Legal Basis

    On April 25, 2015, the City of New Smyrna Beach requested that the 
Coast Guard review the current operating schedule for the Coronado 
Beach (George Musson) Bridge (SR 44) to determine whether a change 
could be made to improve vehicle traffic flow in the area. The bridge 
owner, Florida Department of Transportation, was also consulted on this 
issue and it concurred with the recommendation to change the current 
schedule requiring an opening every 20 minutes to a schedule requiring 
an opening every 30 minutes all days of the week.
    The George Musson Bridge across the Atlantic Intracoastal Waterway, 
mile 845, at New Smyrna Beach, FL is a double leaf bascule bridge. It 
has a vertical clearance of 24 feet in the closed position at mean high 
water and a horizontal clearance of 90 feet.
    Presently, in accordance with 33 CFR 117.261(h), the Coronado Beach 
bridge (SR 44), also known as the George Musson Bridge, at mile 845 at 
New Smyrna Beach, FL shall open on signal, except that from 7 a.m. 
until 7 p.m., each day of the week, the draw need only open on the 
hour, twenty minutes past the hour and forty minutes past the hour. The 
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 499.

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.261, paragraph h, 
regarding the operation of the George Musson/Coronado Beach (SR 44) 
Bridge, Atlantic Intracoastal Waterway, mile 845, at New Smyrna Beach, 
FL. The proposed regulation would allow the bridge to open twice an 
hour rather than three times an hour to reduce vehicle traffic backups. 
In addition to changing the operating schedule, this regulation would 
add the local name of this bridge, George Musson, to the CFR. This 
regulation change will not have a significant impact on navigation in 
this area.
    As per, 33 CFR 117.261(a) General: Public vessels of the United 
States and tugs with tows must be passed through the drawspan of each 
drawbridge listed in this section at anytime. These proposed changes 
will meet the reasonable needs of vessel traffic passing through the 
Bridge while taking into account the reasonable needs of other modes of 
transportation. Vessels not requiring an opening may pass at any time.

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 also 
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.
    This regulatory action determination is based on the limited impact 
that it is anticipated to have on vessel traffic on the Atlantic 
Intracoastal Waterway. This

[[Page 28792]]

proposed rule will change the opening schedule from three times an hour 
to two times an hour. Currently, bridge logs show that the Bridge 
generally opens twice an hour because vessel traffic volumes do not 
require three openings per hour. Therefore, there should be no actual 
change to the number of bridge openings per hour. Also, vessels that 
can transit under the bridge without an opening may do so. Emergency 
vessels and tugs with tows can still request openings at any time.

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 rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. 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 E.O. 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.

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 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 
involves 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 NPRM as being available in the docket, 
and all public comments, will be 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.


[[Page 28793]]


    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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  117.261(h) to read as follows:


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

* * * * *
    (h) George Musson/Coronado Beach (SR 44) bridge, mile 845 at New 
Smyrna Beach. The George Musson/Coronado Beach (SR 44) bridge, mile 
845, shall open on signal, except that from 7 a.m. to 7 p.m., the draw 
shall open on the hour and half-hour, seven days a week.
* * * * *

    Dated: May 4, 2016.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-10919 Filed 5-9-16; 8:45 am]
 BILLING CODE 9110-04-P