[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Rules and Regulations]
[Pages 4428-4430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01913]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0161]
RIN 1625-AA09


Drawbridge Operation Regulation Canaveral Barge Canal, Canaveral, 
FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the SR 401 Drawbridges across the Canaveral Barge Canal, mile 
5.5, at Port Canaveral, Florida. This modification is necessary to 
reduce vehicular traffic congestion and to ensure the safety of 
roadways while passengers are transiting to and from the cruise ship 
terminals. Since the arrival of additional cruise ships to the Port of 
Canaveral, traffic back-ups have been caused by the

[[Page 4429]]

on demand drawbridge openings. This modification allows the bridges to 
not open to navigation during prime cruise ship passenger loading and 
unloading times on Saturdays and Sundays.

DATES: This rule is effective March 2, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0161. 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 LT Allan Storm, Sector Jacksonville, Waterways Management 
Division, U.S. 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
Pub. L. Public Law
Sec.  Section
FL Florida
SR State Route
MHW Mean High Water
U.S.C. United States Code

II. Background Information and Regulatory History

    On October 23, 2017, we published a notice of proposed rulemaking 
from drawbridge regulation with request for comments entitled 
Drawbridge Operation Regulations: Canaveral Barge Canal, Canaveral, FL 
in the Federal Register (82 FR 48940). We received three comments on 
this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499.
    The SR 401 Drawbridges across the Canaveral Barge Canal, mile 5.5, 
at Port Canaveral, FL are three parallel double leaf bascule bridges 
that have a vertical clearance of 25 feet at MHW in the closed to 
navigation position and a horizontal clearance of 90 feet between the 
fender system. Presently, in accordance with 33 CFR 117.273(b), the 
bridges shall open on signal, except that from 6:15 a.m. to 8 a.m. and 
3:30 p.m. to 5:15 p.m. Monday through Friday except Federal holidays, 
the bridges need not open and from 10 p.m. to 6 a.m. the bridges must 
open on signal if at least three hours notice is given. The bridges 
must open as soon as possible for the passage of public vessels of the 
Unites States and tugs with tows. The Canaveral Port Authority, with 
concurrence from the bridge owner, Florida Department of Transportation 
requested the operating schedule be changed to allow the bridges to not 
open to navigation from 11 a.m. to 2 p.m. on Saturdays and Sundays. 
This will provide relief to the increase in vehicle traffic congestion 
on the weekends while meeting the reasonable needs of navigation.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received three comments to this rule stating that 
this regulation is unnecessarily restrictive to recreational boaters. 
All comments also recommended that if the Coast Guard moves forward 
with changing the operating schedule, they should consider allowing the 
bridge to open on the hour during the 11 a.m. to 2 p.m. closure. The 
Coast Guard has considered this recommendation, however, after 
analyzing vessel traffic data versus vehicular traffic data, the Coast 
Guard has determined that the benefit of reducing vehicle traffic to 
enhance the safety on the roadways, without compromising the safety of 
mariners, outweighs an inconvenience to vessels transiting the 
waterway.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge before and after the proposed 
periods. Vessels that can pass under the bridge in the closed position 
may continue to 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 received no comments from the Small Business 
Administration on this rule. 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 in section V.A 
above, 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 (Pub. L. 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, 
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

[[Page 4430]]

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 Executive Order 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 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 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. A Record of Environmental Consideration and a Memorandum 
for the Record 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. Amend Sec.  117.273 by revising paragraph (b) to read as follows:


Sec.  117.273  Canaveral Barge Canal.

* * * * *
    (b) The drawspans of the SR401 Drawbridges, mile 5.5 at Port 
Canaveral, must open on signal; except that, from 6:30 a.m. to 8 a.m. 
and 3:30 p.m. to 5:15 p.m. Monday through Friday except Federal 
holidays and from 11 a.m. to 2 p.m. on Saturdays and Sundays, the 
drawspans need not be opened for the passage of vessels. From 10 p.m. 
to 6 a.m., the drawspans must open on signal if at least three hours 
notice is given. The drawspans must open as soon as possible for the 
passage of public vessels of the United States and tugs with tows.

    Dated: January 22, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2018-01913 Filed 1-30-18; 8:45 am]
 BILLING CODE 9110-04-P