[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23398-23400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10808]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0273]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
Palm 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 operation of the Flagler Memorial (SR A1A) Bridge, mile 
1021.8, the Royal Park (SR 704) Bridge, mile 1022.6, and the Southern 
Boulevard (SR 700/80) Bridge, mile 1024.7, across the Atlantic 
Intracoastal Waterway, at West Palm Beach, Florida. This modification 
allows the Flagler Memorial, Royal Park and Southern Boulevard Bridges 
to operate on alternative schedules when the President of the United 
States, members of the First Family, or other persons under the 
protection of the Secret Service visit Mar-a-Lago. The proposed 
modifications are necessary to accommodate the increase in vehicular 
traffic when the presidential motorcade is in transit.

DATES: Comments and relate material must reach the Coast Guard on or 
before July 5, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0273 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 rule, 
call or email LT Ruth Sadowitz, Coast Guard Sector Miami, FL, Waterways 
Management Division, telephone 305-535-4307, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
FL DOT Florida Department of Transportation
AICW Atlantic Intracoastal Waterway

II. Background, Purpose and Legal Basis

    The bridge owner, Florida Department of Transportation, requested 
changes to the drawbridge operating schedules to better facilitate 
orderly vehicle traffic flow across the Flagler Memorial, Royal Park 
and Southern Boulevard bridges when the President of the United States, 
members of the First Family, or other persons under the protection of 
the Secret Service visit Mar-a-Lago.
    On August 17, 2017, the Coast Guard published a notice of deviation 
from drawbridge regulation with request for comments in the Federal 
Register (82 FR 39019) to test proposed changes. Three Comments were 
received during the test period, which were in favor of the regulation 
changes.

[[Page 23399]]

    The Flagler Memorial (SR A1A) Bridge, mile 1021.8, across the AICW 
(Lake Worth Lagoon) at West Palm Beach, Florida is a double-leaf 
bascule bridge that has a vertical clearance of 22 feet at mean high 
water in the closed position. The Royal Park (SR 704) Bridge, mile 
1022.6, across the AICW (Lake Worth Lagoon) at West Palm Beach, Florida 
is a double-leaf bascule bridge that has a vertical clearance of 21 
feet at mean high water in the closed position. The Southern Boulevard 
(SR 700/80) Bridge, mile 1024.7, across the AICW (Lake Worth Lagoon) at 
West Palm Beach, Florida is under construction, a temporary lift bridge 
is in place that has a vertical clearance of 14 feet at mean high water 
in the closed position and a 65 foot vertical clearance in the open 
position. The existing regulations are published in 33 CFR 117.261(u), 
Flagler Memorial Bridge, Sec.  117.261(v) Royal Park Bridge and Sec.  
117.261(w) Southern Boulevard Bridge.

III. Discussion of Proposed Rule

    These modified regulations are necessary to alleviate vehicle 
traffic congestion when the President of the United States, members of 
the First Family, or other persons under the protection of the Secret 
Service visit Mar-a-Lago. The increase in traffic congestion occurs 
when the proposed Presidential Security Zone (see 82 FR 28036) is 
enforced which closes the Southern Boulevard Bridge when the 
presidential motorcade is in transit. This action requires through 
traffic to use the Flagler Memorial and Royal Park Bridges.
    This NPRM proposes the same schedule as during the temporary 
deviation. The Flagler Memorial Bridge is allowed to remain closed to 
navigation from 2:15 p.m. to 5:30 p.m. with the exception of a once an 
hour opening at 2:15 p.m., 3:15 p.m., 4:15 p.m. and 5:15 p.m., weekdays 
only, if vessels are requesting an opening. The Royal Park Bridge is 
allowed to remain closed to navigation from 2:15 p.m. to 5:30 p.m. with 
the exception of a once an hour opening at 2:30 p.m., 3:30 p.m., 4:30 
p.m. and 5:30 p.m., weekdays only, if vessels are requesting an 
opening. At all other times the bridges will operate per their normal 
schedules.
    The operating schedule of the Southern Boulevard Bridge, which is 
closest to Mar-a-Lago, will be allowed to remain closed to navigation 
whenever the presidential motorcade is in transit. At all other times 
the bridge shall open on the quarter and three-quarter hour, or as 
directed by the on-scene designated representative.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (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 able to pass through the Flagler Memorial and Royal Park 
Bridges in the closed position may do so at anytime. The bridges will 
be able to open for emergencies. The Southern Boulevard Bridge will be 
under the control of the on-scene designated representative.

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 
bridges may be small entities, for the reasons stated in section IV.A 
above this proposed rule may impact but 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 (Pub. L. 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, 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 23400]]

this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, which guides the Coast Guard in complying 
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination that this action is 
one of a category of actions that 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 paragraph L49 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A preliminary Record of Environmental 
Consideration and a Memorandum for the Record are not required for this 
proposed 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, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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.  117.261 by revising paragraphs (u), (v), and (w) to read 
as follows:


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

* * * * *
    (u) Flagler Memorial (SR A1A) Bridge, mile 1021.8, at West Palm 
Beach.
    (1) The draw shall open on the quarter and three-quarter hour.
    (2) When the security zone is enforced, the draw is allowed to 
remain closed to navigation from 2:15 p.m. to 5:30 p.m. with the 
exception of a once an hour opening at 2:15 p.m., 3:15 p.m., 4:15 p.m. 
and 5:15 p.m., weekdays only, if vessels are requesting an opening. At 
all other times the draw shall open on the quarter and three-quarter 
hour.
    (v) Royal Park (SR 704) Bridge, mile 1022.6, at West Palm Beach.
    (1) The draw shall open on the hour and half-hour.
    (2) When the security zone is enforced, the draw is allowed to 
remain closed to navigation from 2:15 p.m. to 5:30 p.m. with the 
exception of a once an hour opening at 2:30 p.m., 3:30 p.m., 4:30 p.m. 
and 5:30 p.m., weekdays only, if vessels are requesting an opening. At 
all other times the draw shall open on the hour and half-hour.
    (w) Southern Boulevard (SR 700/80) Bridge, mile 1024.7, at West 
Palm Beach.
    (1) The draw shall open on the quarter and three-quarter hour.
    (2) When the security zone is enforced, the draw may be closed 
without advanced notice to permit uninterrupted transit of dignitaries 
across the bridge. At all other times the bridge shall open on the 
quarter and three-quarter hour, or as directed by the on-scene 
designated representative.
* * * * *

    Dated: April 30, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2018-10808 Filed 5-18-18; 8:45 am]
 BILLING CODE 9110-04-P