[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Rules and Regulations]
[Pages 53054-53055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21508]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0729]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
Fort Pierce, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the A1A North Causeway Bridge across the Atlantic Intracoastal 
Waterway (AICW), mile 964.8 at Fort Pierce, St Lucie County, FL. This 
action will eliminate the on-demand drawbridge openings. This action is 
intended to reduce vehicular traffic congestion and provide scheduled 
openings for the bridge.

DATES: This rule is effective November 4, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2018-0729 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 Samuel Rodriguez-Gonzalez, Sector Miami Waterways 
Management Division, U.S. Coast Guard; 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
AICW Atlantic Intracoastal Waterway
FL Florida
FDOT Florida Department of Transportation

II. Background Information and Regulatory History

    On August 2, 2019, we published a Notice of Proposed Rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulation; Atlantic 
Intracoastal Waterway, Fort Pierce, FL'' in the Federal Register (84 FR 
37810). There were six comments received on the NPRM. This NPRM was 
preceded by two six-month test deviations published in the Federal 
Register. On August 30, 2018, the Coast Guard published the first Test 
Deviation entitled ``Drawbridge Operation Regulation; Atlantic 
Intracoastal Waterway, Fort Pierce, FL'' in the Federal Register (83 FR 
44233). The majority of the 113 comments received were in support of 
scheduled openings; however, most felt the bridge still opened too 
frequently. Subsequently, on March 21, 2019, the Coast Guard published 
an alternate Test Deviation entitled ``Drawbridge Operation Regulation; 
Atlantic Intracoastal Waterway, Fort Pierce, FL'' in the Federal 
Register (84 FR 10411). The 33 comments received were in favor of the 
alternate test deviation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The A1A North Causeway Bridge across the AICW, mile 964.8 in Fort 
Pierce, St Lucie County, FL is a bascule bridge. It has a vertical 
clearance of 26 feet at mean high water in the closed position and a 
horizontal clearance of 90 feet. The bridge currently operates under 33 
CFR 117.5. The Florida Department of Transportation (FDOT), who owns 
and operates the A1A North Causeway Bridge, has requested a rule to 
allow for scheduled drawbridge openings. There has been an increase in 
vehicular traffic over the bridge in recent years due to residential 
development along the beach. Placing the bridge on regularly scheduled 
openings will allow for more efficient and economical operation of the 
bridge given the volume of vehicular traffic crossing the bridge.

IV. Discussion of Comments, Changes and the Final Rule

    During the first test deviation, the majority of 113 comments 
received were in support of scheduled openings. The test provided for 
the bridge to open on signal except that from 7 a.m. to 7 p.m. Monday 
through Friday, with the exception of Federal Holidays, Saturdays and 
Sundays, the draw will open three times per hour: on the hour, 20 
minutes past the hour and 40 minutes past the hour. However, most felt 
the bridge was still opening too frequently. A review of the bridge 
tender logs did not support the claim that the bridge was opening too 
frequently. However, the logs did show the openings tended to be twice 
per hour as opposed to three times per hour. In addition, the majority 
of comments recommended scheduled openings during the evening and on 
weekends.
    During the alternate test deviation, all 33 comments received were 
in favor of the alternate operating schedule that allowed for around 
the clock openings on the hour and half hour.
    Based on the comments received from the test deviations, a NPRM was 
published to allow for around the clock openings on the hour and half 
hour. Of the six comments received, five were in favor of the scheduled 
openings. One commenter felt that a twice per hour opening was 
restrictive and may compromise safe navigation due to tidal flow. The 
commenter proposed two schedules that would restrict bridge openings 
during daylight hours and provide on demand openings at all other 
times. These proposals were similar to the first test deviation. The 
Coast Guard considered the options but determined that the proposed 
rule strikes the correct balance between relieving traffic congestion 
while ensuring safe navigation and therefore decided against adopting 
the propsed suggestions.
    It is the Coast Guard's opinion that this rule meets the reasonable 
needs of marine navigation while having a positive effect on vehicular 
traffic. The rule allows for more efficient and economical operation of 
the bridge.

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

[[Page 53055]]

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 fact that 
vessels can still transit the bridge twice an hour and vessels of a 
certain size may also transit under the bridge without an opening at 
any time. Vessels in distress, public vessels of the United States and 
tugs with tows will be allowed to pass at any time.

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 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. The Coast Guard received no comments on this section.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, U.S. Coast Guard Environmental Planning 
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental 
Planning Implementation Procedures (series) which guide the Coast Guard 
in complying with the National Environmental Policy Act of 1969 
(NEPA)(42 U.S.C. 4321-4370f). We have made a determination that this 
action falls within a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule promulgates the operating regulations or procedures for 
drawbridges. This action is categorically excluded from further review, 
under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard 
Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are 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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  117.261 by adding paragraph (n) to read as follows:


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

* * * * *
    (n) A1A North Causeway Bridge, mile 964.8 at Fort Pierce. The draw 
shall open on the hour and half-hour.
* * * * *

    Dated: September 25, 2019.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District.
[FR Doc. 2019-21508 Filed 10-3-19; 8:45 am]
 BILLING CODE 9110-04-P