[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47560-47562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20500]


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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: Final rule.

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SUMMARY: The Coast Guard is modifying 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 modifications 
are necessary to accommodate the increase in vehicular traffic when the 
presidential motorcade is in transit.

DATES: This rule is effective on September 20, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0273 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 CWO4 Robert Wooten, Coast Guard Sector Miami, FL, 
Waterways Management Division, telephone 305-535-4311, 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 Florida
FDOT Florida Department of Transportation
AICW Atlantic Intracoastal Waterway

II. Background Information and Regulatory History

    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. Due to delays in processing this proposed regulatory change, 
on March 6, 2018, the Coast Guard published a notice of deviation from 
regulations with request for comments extension in the Federal Register 
(82 FR 9431) to allow for additional time for the public to comment. 
One comment was received. On May 21, 2018, the Coast Guard published a 
notice of proposed rulemaking (NPRM) entitled Drawbridge Operation 
Regulation; Atlantic Intracoastal Waterway, Palm Beach, FL in the 
Federal Register (83 FR 23398). No comments were received. Due to 
delays in processing this regulatory change, on June 25, 2018, the 
Coast Guard published a notice of deviation from regulations with 
request for comments extension in the Federal Register (83 FR 29438) to 
allow additional time for public comment and to evaluate the changes to 
the operating schedules with the establishment of the Presidential 
Security Zone (82 FR 17295). No comments were received.
    We are issuing rule under 5 U.S.C. 553(d)(3), the Coast Guard finds 
that good cause exists for making this rule effective in less than 30 
days after publication in the Federal Register. The notice of deviation 
published in the Federal Register (83 FR 29438) expires on August 29, 
2018 and this rule must be in effect immediately thereafter.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
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.
    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. The increase in traffic congestion 
occurs when the Presidential Security Zone (82 FR 17295) 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.

IV. Discussion of Comments, Changes and the Final Rule

    As noted above, we received four comments total on the two notices 
of deviation published on August 17, 2017 and March 6, 2018, 
respectively. Of the four comments received, one was a political 
statement with no relevance on the proposed regulation. Three of the 
four comments received were in favor of the regulation. Two of the 
comments in favor of the regulation suggested the changes be made 
permanent regardless of presidential visits. The Coast Guard has 
considered this recommendation, however, making the modified operating 
schedule permanent would place an unreasonable burden on navigation and 
potentially have a negative impact on safe navigation. The modified 
schedule is only in effect when uninterrupted transit of dignitaries 
are crossing the Southern Boulevard Bridge. While vessels may have to 
wait up to an hour, it is only during the weekdays and for a short 
period.

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

[[Page 47561]]

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 able to pass through the Flagler Memorial and Royal Park 
Bridges in the closed position may do so at any time. The bridges will 
be able to open for emergencies. The Southern Boulevard Bridge will be 
under the control of the on-scene designated representative when the 
Presidential Security Zone is enforced.

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 zero 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 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.  117.261 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.

[[Page 47562]]

    (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 advance 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: August 31, 2018.
James A. Passarelli,
Captain, U.S. Coast Guard Commander, Seventh Coast Guard District, 
Acting.
[FR Doc. 2018-20500 Filed 9-19-18; 8:45 am]
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