[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85498-85499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26986]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0842]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
Addison Point, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulation for the John F. Kennedy Space Center Bridge (NASA Causeway), 
across the Atlantic Intracoastal Waterway (Indian River), mile 885, at 
Addison Point, FL. The drawbridge was replaced with a fixed bridge in 
2023 and the operating regulation is no longer applicable or necessary.

DATES: This rule is effective December 8, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type the 
docket number (USCG-2023-0842) in the ``SEARCH'' box and click 
``SEARCH''. In the Document Type column, select ``Supporting & Related 
Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Leonard Newsom, Coast Guard; telephone 305-415-6946, 
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
AICW Atlantic Intracoastal Waterway

II. Background Information and Regulatory History

    The Coast Guard is issuing this 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 
authorizes 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 unnecessary. The John F. 
Kennedy Space Center Bridge, that once required the draw operations in 
33 CFR 117.261(l), was removed from the Atlantic Intracoastal Waterway 
(Indian River) and replaced with a fixed bridge in 2023. Therefore, the 
regulation is no longer applicable and shall be removed from 
publication. It is unnecessary to publish an NPRM because this 
regulatory action does not purport to place any restrictions on 
mariners but rather removes a restriction that has no use or value 
because the new bridge does not open.
    We are issuing this 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 bridge has 
been removed from the waterway and this rule merely requires an 
administrative change to the Federal Register, in order to omit a 
regulatory requirement that is no longer applicable or necessary. The 
modification has already taken place and the removal of the regulation 
will not affect mariners currently operating on this waterway. 
Therefore, a delayed effective date is unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The John F. Kennedy Space Center bridge was removed and replaced 
with a fixed bridge in 2023. The elimination of this drawbridge 
necessitates the removal of the drawbridge operation regulation, 33 CFR 
117.261(l), that pertain to the former drawbridge.
    The purpose of this rule is to remove the paragraph of 33 CFR 
117.261(l) that refers to the John F. Kennedy Space Center Bridge, 
across the Atlantic Intracoastal Waterway (Indian River) at mile 885, 
from the Code of Federal Regulations since it governs a bridge that is 
no longer able to be opened.

IV. Discussion of Final Rule

    The Coast Guard is changing the regulation in 33 CFR 117.261 by 
removing restrictions and the regulatory burden related to draw 
operations for a bridge that is no longer a drawbridge. The change 
removes Sec.  117.261(l) of the regulation governing the John F. 
Kennedy Space Center Bridge since the bridge has been removed from the 
waterway and replaced with a fixed bridge. This final rule seeks to 
update the CFR by removing language that governs the operation of the 
John F.

[[Page 85499]]

Kennedy Space Center Bridge. This change does not affect waterway or 
land traffic. This change does not affect, nor does it alter the 
operating schedules in 33 CFR 117.261 that govern the remaining active 
drawbridges on the Atlantic Intracoastal Waterway from St. Marys River 
to Key Largo.

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.

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. This proposed rule has not been designated a 
``significant regulatory action,'' under section 3(f) of Executive 
Order 12866, as amended by Executive Order 14094 (Modernizing 
Regulatory Review). 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).
    This regulatory action determination is based on the fact that the 
bridge was replaced and no longer operates as a drawbridge. The removal 
of the operating schedule from 33 CFR 117 Subpart B will have no effect 
on the movement of waterway or land traffic.

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 final rule would 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 
section.
    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, Rev.1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series) which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard has determined 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 rule promulgates the operating 
regulations or procedures for drawbridges and 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.

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. 00170.1. Revision No. 01.3.


Sec.  117.261  [Amended]

0
2. Amend Sec.  117.261 by removing and reserving paragraph (l).

    Dated: December 5, 2023.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh 
District.
[FR Doc. 2023-26986 Filed 12-7-23; 8:45 am]
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