38600 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 

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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233 

■ 2. Add § 100.35T08–0710 to read as 

follows: 

§ 100.35T08–0710 Special Local 

Regulation; Mobile River, Mobile, AL. 

(a) Regulated area. All navigable 

waters of the Mobile River, Mobile, AL 

encompassing a half-mile radius of a 

point at approximate location 

30°41′24.8′′ N., 88°2′12.9′′ W. 

(b) Period of enforcement. This rule 

will be enforced from 9 a.m. until 1 p.m. 

on August 26, 2017. 

(c) Special local regulations. (1) Entry 

into, transit within or through, or exit 

from this area is prohibited unless 

authorized by the Captain of the Port 

Mobile (COTP) or the designated Patrol 

Commander. The Coast Guard will 

patrol the regulated area under the 

direction of a designated Coast Guard 

Patrol Commander. The Patrol 

Commander may be contacted on 

Channel 16 VHF–FM (156.8 MHz) by 

the call sign ‘‘PATCOM’’. 

(2) All persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state, or local law enforcement 

and sponsor provided vessels assigned 

or approved by the COTP to patrol the 

regulated area. 

(3) Spectator vessels desiring to 

transit the regulated area may do so only 

with prior approval of the Patrol 

Commander and when so directed by 

that officer will be operated at a 

minimum safe navigation speed in a 

manner which will not endanger 

participants in the regulated area or any 

other vessels. 

(4) No spectator vessel shall anchor, 

block, loiter, or impede the through 

transit of participants or official patrol 

vessels in the regulated area during the 

effective dates and times, unless cleared 

for entry by or through an official patrol 

vessel. 

(5) The patrol commander may forbid 

and control the movement of all vessels 

in the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(6) Any spectator vessel may anchor 

outside the regulated area, but may not 

anchor in, block, or loiter in a navigable 

channel. Spectator vessels may be 

moored to a waterfront facility within 

the regulated area in such a way that 

they shall not interfere with the progress 

of the event. Such mooring must be 

complete at least 30 minutes prior to the 

establishment of the regulated area and 

remain moored through the duration of 

the event. 

(7) The Patrol Commander may 

terminate the event or the operation of 

any vessel at any time it is deemed 

necessary for the protection of life or 

property. 

(8) The Patrol Commander will 

terminate enforcement of the special 

local regulations at the conclusion of the 

event. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the regulated 

area as well as any changes in the date 

and times of enforcement. 

Dated: July 25, 2017. 

M.R. McLellan, 

Captain, U.S. Coast Guard, Captain of the 

Port Mobile. 

[FR Doc. 2017–17215 Filed 8–14–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–0205] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, New 

Smyrna Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is modifying 

the operating schedule that governs the 

Coronado Beach (George Musson) 

Bridge across the Atlantic Intracoastal 

Waterway, mile 845, at New Smyrna 

Beach, FL. This rule will change the 

existing 20 minute opening schedule to 

a 30 minute opening schedule between 

7 a.m. and 7 p.m. The rule will also add 

the local bridge name to the regulation 

published in the Code of Federal 

Regulations, George Musson/Coronado 

Beach (SR44). 

DATES: This rule is effective September 

14, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2016– 

0205 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 Mr. Eddie Lawrence with the 

Coast Guard; telephone 305–415–6946, 

email Eddie.H.Lawrence@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

SNPRM Supplemental notice of proposed 

rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On May 10, 2016, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; Atlantic Intracoastal 

Waterway, New Smyrna Beach, FL in 

the Federal Register (81 FR 28791). We 

received 5 comments on this rule. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 499. 

George Musson/Coronado Beach (SR 

44) bridge, mile 845 at New Smyrna 

Beach is a bascule bridge with a vertical 

clearance of 24 feet in the closed 

position and unlimited in the open 

position. Per 33 CFR 117.261(h), the 

current operating schedule states the 

bridge shall open on signal, except that 

from 7 a.m. until 7 p.m., each day of the 

week, the draw need only open on the 

hour, twenty minutes past the hour and 

forty minutes past the hour. 

On April 25, 2015, the City of New 

Smyrna Beach requested the Coast 

Guard review the current operating 

schedule for the Coronado Beach 

(George Musson) Bridge (SR 44) to 

determine whether a change could be 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 38601 

made to improve vehicle traffic flow in 

the area. The bridge owner, Florida 

Department of Transportation, was also 

consulted on this issue and it concurred 

with the recommendation to change the 

current schedule, from an opening every 

20 minutes to an opening every 30 

minutes; every day of the week. 

This regulatory action determination 

is based on the limited impact that it 

will have on vessel traffic on the 

Atlantic Intracoastal Waterway. This 

rule changes the opening schedule from 

three times an hour to two times an 

hour. The bridge logs show that the 

Bridge generally only opens twice an 

hour already because vessel traffic 

volumes do not require three openings 

per hour. Therefore, there should be no 

actual change to the number of bridge 

openings per hour. Also, vessels that 

can transit under the bridge without an 

opening may do so at any time. 

Emergency vessels and tugs with tows 

can still request openings at any time. 

IV. Discussion of Comments, Changes 

and the Final Rule 

There were five comments received 

during the comment period. Three 

commenters were in favor of the 

proposed rule and two commenters 

were opposed the proposed changes. 

These two commenters stated that 

changing the bridge schedule would not 

alleviate the City’s traffic problems, and 

might impact vessel traffic during peak 

transient seasons. The Coast Guard 

agrees in part that in the majority of 

cases, a change to a bridge regulation 

will not solve a traffic problem. 

However, the purpose of the final rule 

is to balance the needs of all modes of 

transportation. As this bridge opens 

mostly two times an hour rather than 

the permitted three times an hour now, 

this will be a minor adjustment for 

vessel traffic. For these reasons, no 

changes have been made to the final 

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 the continued ability for 

vessels to transit the bridge during the 

twice-an-hour opening schedule. 

Vessels in distress, Public vessels of the 

United States and tugs with tows must 

be passed 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 final 

rule would not have a significant 

economic impact on any vessel owner 

or operator as there are generally only 

two openings an hour currently. This 

regulation changes the schedule from 

three times an hour to twice an hour. 

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 


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38602 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 

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 preliminary 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 

■ 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. 

■ 2. Revise § 117.261(h) to read as 

follows: 

§ 117.261 Atlantic Intracoastal Waterway 

from St. Marys River to Key Largo. 

* * * * * 

(h) George Musson/Coronado Beach 

(SR 44) bridge, mile 845 at New Smyrna 

Beach. The George Musson/Coronado 

Beach (SR 44) bridge, mile 845, shall 

open on signal, except that from 7 a.m. 

to 7 p.m., the draw shall open on the 

hour and half-hour, seven days a week. 

* * * * * 

Dated: August 1, 2017. 

P.J. Brown, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District. 

[FR Doc. 2017–17216 Filed 8–14–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0722] 

Drawbridge Operation Regulation; 

Housatonic River, Stratford, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Metro-North 

(Devon) Bridge across the Housatonic 

River, mile 3.9, at Stratford, 

Connecticut. The deviation is necessary 

to complete repairs to the movable span 

and allows the bridge to remain in the 

closed position for approximately one 

month during weekdays and weeknights 

while opening during weekends if 

provided 24 hours of advance notice. 

DATES: This deviation is effective from 

8 a.m. on September 11, 2017 to 2 p.m. 

on October 6, 2017. 

ADDRESSES: The docket for this 

deviation, USCG–2017–0722 is available 

at http://www.regulations.gov. Type the 

docket number in the ‘‘SEARCH’’ box 

and click ‘‘SEARCH’’. Click on Open 

Docket Folder on the line associated 

with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email James M. Moore, 

Bridge Management Specialist, First 

District Bridge Branch, U.S. Coast 

Guard; telephone (212) 514–4334, email 

James.M.Moore2@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

Connecticut Department of 

Transportation, on behalf of MetroNorth Railroad, the owner of the bridge, 

requested a temporary deviation in 

order to facilitate repairs to the 

headblocks in the movable span. 

The Metro-North (Devon) Bridge 

across the Housatonic River, mile 3.9 at 

Stratford, Connecticut offers mariners a 

vertical clearance of 19 feet at mean 

high water and 25 feet at mean low 

water in the closed position. Horizontal 

clearance is 83 feet. The existing 

drawbridge regulations are listed at 33 

CFR 117.207(b). 

This temporary deviation will allow 

the draw of the Devon Railroad Bridge 

to remain closed on weekdays on a 

weekly basis from 8 a.m. September 11, 

2017 through 2 p.m. October 6, 2017 

with openings offered on weekends 

when 24 hours of advance notice is 

provided. 

Under this temporary deviation the 

Metro-North (Devon) Bridge will operate 

as follows: 

a. The draw will remain closed for all 

vessels that would otherwise require 

and opening from 8 a.m. on Monday, 

September 11, 2017, through 2 p.m. 

Friday, September 15, 2017. This 

closure will repeat Monday through 

Friday of each week until October 6, 

2017. 

b. The draw will open on 24 hours 

advance notice for all vessels requiring 

such an opening from 2 p.m. on Friday, 

September 15, 2017 through 8 a.m. on 

Monday, September 18, 2017, and 

repeat each Friday through Monday of 

each weekend until October 2, 2017. 

The waterway is largely transited by 

seasonal recreational traffic. Vessels 

able to pass through the bridge in the 

closed position may do so at anytime. 

The bridge will not be able to open for 

emergencies and there is no immediate 

alternate route for vessels to pass. The 

Coast Guard will inform waterway users 

through our Local and Broadcast 

Notices to Mariners of the change in 

operating schedule for the bridge so 

vessel operators are allowed the 

opportunity to arrange their transits so 

as to minimize any impact caused by 

the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: August 10, 2017. 

Christopher J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2017–17201 Filed 8–14–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0720] 

Drawbridge Operation Regulation; 

China Basin, San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the 3rd Street 

Drawbridge across China Basin, mile 

0.0, at San Francisco, CA. The deviation 

is necessary to allow participants to 


jstallworth on DSKBBY8HB2PROD with RULES