[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Rules and Regulations]
[Pages 65081-65083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27386]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0356]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
Boca Raton, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the Camino Real (Boca Club) Bridge across the 
Atlantic Intracoastal Waterway, mile 1048.2, at Boca Raton, Florida. 
This modification is necessary to allow for the completion of extensive 
rehabilitation of the bridge and fender system. This modification will 
allow the draw to provide single-leaf openings with a 6-hour advanced 
notice for a full opening.

DATES: This temporary final rule is effective from 7 a.m. on December 
19, 2018 though 7 p.m. on April 30, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2018-0356 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 
temporary final rule, call or email Lieutenant Samuel Rodriguez-
Gonzalez, U.S. Coast Guard Sector Miami, 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
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
FL Florida

II. Background Information and Regulatory History

    On April 27, 2018, we published a temporary deviation from the 
operating schedule for the Camino Real Bridge entitled, ``Drawbridge 
Operation Regulation; Atlantic Intracoastal Waterway, Boca Raton, FL'' 
in the Federal Register (83 FR 18415). Outreach conducted with mariners 
utilizing the waterway indicated no objections to the temporary 
deviation.
    The temporary deviation time period ran from April 23, 2018 through 
October 9, 2018, and was effective from 7 a.m. to 7 p.m. Monday through 
Saturday. During the effective period, the bridge operated on single-
leaf openings with a 6-hour advanced notice for a full opening. Outside 
of the effective period, the bridge operated per the normal bridge 
operating schedule.
    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorized an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. Unanticipated 
weather delays negatively impacted the schedule and pace of the bridge 
rehabilitation, and as a result additional time is required to complete 
the work necessary to restore the bridge to full operation. Therefore, 
the operating schedule of the bridge must be modified to allow for 
performance of all remaining repairs to the bridge and fender system in 
order to ensure the safety of persons and vessels in the vicinity of 
the bridge.
    We are issuing this rule and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register for the reasons stated 
above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The Camino Real (Boca Club) Bridge across the Atlantic Intracoastal 
Waterway, mile 1048.2, at Boca Raton, FL is a double-leaf bascule 
bridge with a vertical clearance of 10 feet at mean high water in the 
closed to navigation position and a horizontal clearance of 83 feet 
between the fender system. The existing

[[Page 65082]]

drawbridge operating regulation is set out in 33 CFR 117.261(aa-1). 
Kiewit Infrastructure South Co., on behalf of the bridge owner, Palm 
Beach County, requested this modification in order to effect 
rehabilitation of the bridge and fender system as described above.
    The Atlantic Intracoastal Waterway is used by a variety of vessels 
including U.S. government vessels, small commercial vessels, 
recreational vessels and tugs and barge traffic. Vessels able to pass 
through the bridge in the closed position may do so at anytime. The 
bridge will not be able to provide a full opening for emergencies and 
there is no immediate alternate route for vessels to pass.

IV. Discussion of the Rule

    As noted above, we received no comments on the temporary deviation 
published on April 27, 2018. Additionally, coordination with waterway 
users indicated no objection to the temporary modification of the 
drawbridge schedule.
    This rule modifies the operating schedule governing the Camino Real 
(Boca Club) Bridge across the Atlantic Intracoastal Waterway, mile 
1048.2, at Boca Raton, FL. The draw shall provide single-leaf openings 
with a 6-hour advanced notice for a full opening from 7 a.m. to 7 p.m. 
Monday through Saturday. During non-working hours, the bridge will 
operate per the normal bridge operating schedule. The rule is necessary 
to accommodate the completion of the rehabilitation of the bridge and 
fender system. The Coast Guard will inform the users of the waterway 
through Local and Broadcast Notices to Mariners of the change in 
operating schedule for the bridge so that operators can arrange their 
transits to minimize any impact caused by the temporary rule.

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: (1) The modified 
schedule will only be effective for twelve hours daily, Monday through 
Saturday; (2) vessels may continue to pass under the bridge via single-
leaf openings; (3) the draw will provide a full opening so long as a 
requesting vessel provides notice 6-hours in advance notice; and (4) 
vessel traffic able to pass under the bridge in the closed position may 
do so at anytime.

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 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

[[Page 65083]]

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. In Sec.  117.261, effective from 7 a.m. on December 19, 2018 to 7 
p.m. on April 30, 2019, suspend paragraph (aa-1) and temporarily add 
paragraph (aa-2) to read as follows:


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

* * * * *
    (aa-2) Camino Real (Boca Club) Bridge, mile 1048.2, at Boca Raton. 
The draw shall provide single-leaf openings from 7 a.m. to 7 p.m., 
Monday through Saturday, on the hour, twenty minutes past the hour and 
forty minutes past the hour. A full opening shall be available with a 
6-hour advanced notice. At all other times, the bridge will provide 
full openings on the hour, twenty minutes past the hour and forty 
minutes past the hour.
* * * * *

    Dated: December 13, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2018-27386 Filed 12-18-18; 8:45 am]
BILLING CODE 9110-04-P