[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Rules and Regulations]
[Pages 28716-28718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10922]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

Docket No. USCG-2015-0046
RIN 1625-AA09


Drawbridge Operation Regulation; Snake Creek; Islamorada, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Snake Creek Bridge across Snake Creek, at Islamorada, FL. 
This final rule changes the drawbridge operating schedule for the Snake 
Creek Bridge by requiring it to open once an hour between 7 a.m. and 6 
p.m. The Bridge Owner, Florida Department of Transportation and Local 
officials requested this action to assist in reducing vehicle traffic 
backups caused by bridge openings.

DATES: This rule is effective June 9, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type ``USCG-
2015-0046'' 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 Coast Guard Sector Key West Waterways Management 
Division; telephone 305-292-8772, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Snake Creek Bridge in Islamorada, Florida, has a vertical 
clearance of 27 feet in the closed position. The normal operating 
schedule as published in 33 CFR 117.331 is on demand except that from 8 
a.m. to 4 p.m., the draw need open only on the hour and half-hour. This 
schedule has been in effect since 2001.
    On March 27, 2015, we published a test deviation entitled 
Drawbridge Operation Regulations; Snake Creek; Islamorada, FL, in the 
Federal Register (80 FR 16280). We received 63 comments on the test 
deviation. No public meeting was requested, and none was held.
    On September 18, 2015, we published a temporary interim rule and 
request for comments entitled Drawbridge Operation Regulations; Snake 
Creek; Islamorada, FL, in the Federal Register (80 FR 56381). We 
received 98 comments on the temporary interim rule. No public meeting 
was requested, and none was held.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    Based on the following input, the Coast Guard initiated a test of a 
new schedule for the Snake Creek Bridge on May 27, 2015:
    1. As reported by village and city councils, vehicle traffic caused 
by frequent openings of the Snake Creek Bridge negatively impacted 
Islamorada and surrounding communities. The temporary deviation 
successfully tested a new bridge operation schedule that reduced 
vehicle traffic caused by bridge openings.
    2. On January 8-10, 2013, the Florida Department of Transportation 
conducted a traffic monitoring study 1400 feet south of the Snake Creek 
Bridge on US-1. The study found peak traffic volumes occurring around 
08:45 a.m. and between 12:15 p.m. and 3:15 p.m. These peak traffic 
times were used to determine when the Snake Creek Bridge opening 
schedule could be limited to reduce traffic.
    3. The Coast Guard's review found that the types of vessels 
navigating Snake Creek include sport fishing vessels and catamaran 
sailboats. Many of these vessels are able to safely transit under the 
Bridge in the closed position.

IV. Discussion of Comments, Changes and the Final Rule

    During the comment periods for the temporary deviation and the 
temporary interim rule 161 comments were

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submitted to the docket. Sixty-three of those comment were received in 
response to the temporary deviation published on March 27, 2015 (80 FR 
16280) and ninety-eight comments were received in response to the 
temporary interim rule published on September 18, 2015 (80 FR 56381).
    One hundred and forty-four comments supported the amended operating 
schedule applied during the test deviation and the interim rule which 
allowed the Snake Creek Bridge to remain on a once an hour schedule 
between 8 a.m. and 6 p.m. seven days a week and on demand at all other 
times.
    Six comments received opposed the amended operating schedule or 
suggested a different schedule that was more restrictive than necessary 
to accommodate vehicular traffic and did not accommodate the reasonable 
needs of maritime navigation.
    Two commenters requested that the start time be moved to 7 a.m. to 
accommodate the school bus schedule. We agree that a schedule requiring 
the Snake Creek Bridge to open once an hour starting at 7 a.m. would 
assist with alleviating vehicular traffic and would not interfere with 
the reasonable needs of maritime traffic. Therefore, this final rule 
has been modified to begin the limited opening schedule at 7 a.m. 
instead of 8 a.m.
    One comment suggested that these regulations were not needed after 
Labor Day. A review of the traffic logs shows that vehicle traffic does 
not diminish significantly after Labor Day.
    One comment suggested the bridge remain on a twice an hour schedule 
except for weekends and Federal holidays. Based on a review of vehicle 
traffic patterns, vehicle traffic is heavy throughout the daylight 
hours and increases during weekends and Federal holidays. Reverting to 
a 30 minute schedule on weekends and Federal Holidays would cause 
excessive vehicle traffic which was the purpose of this change in 
operating schedule. Therefore, this rule does not make an exception for 
weekends and Federal Holidays.
    Two comments suggested placing morning and afternoon curfew hours 
on this bridge. Placing morning and afternoon navigation closure 
periods on this bridge would have an overly restrictive impact on 
commercial waterway users and would not meet the reasonable needs of 
maritime traffic.
    One comment suggested just three bridge openings a day. Allowing 
this bridge to open just three times during daylight hours would also 
have an overly restrictive impact on maritime traffic.
    Four comments in the docket file were empty and provided no input.
    These comments received during the interim rule comment period have 
been used to adjust this schedule.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protesters.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is made because vessels may 
navigate the Snake Creek Bridge during the scheduled opening times or 
use alternate passages including Channel Five above Long Key, Florida, 
which is approximately 5.7 nautical miles southwest of Snake Creek 
Bridge. Channel Five above Long Key, Florida is a fixed US-1 Bridge 
that has a vertical clearance of 65 feet. Also, vessels with adequate 
clearance may also pass under Snake Creek Bridge while it is in the 
closed position.

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 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 above and in V.A., 
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 (Public Law 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 
section 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 E.O. 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

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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 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. 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.
    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.

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. Revise Sec.  117.331 to read as follows:


Sec.  117.331  Snake Creek.

    The draw of the Snake Creek Bridge, at Islamorada, Florida, will 
open on signal, except that from 7 a.m. to 6 p.m., the draw need open 
only on the hour.

    Dated: May 4, 2016.
S. A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2016-10922 Filed 5-9-16; 8:45 am]
 BILLING CODE 9110-04-P