Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41891 

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 § 117.324 to read as follows: 

§ 117.324 Rice Creek. 

The CSX Railroad Swing Bridge, mile 

0.8, in Putnam County, FL. shall open 

with a 24-hour advance notice to CSX 

at 1–800–232–0142. 

P.J. Brown, 

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

Seventh Coast Guard District. 

[FR Doc. 2017–18708 Filed 9–1–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–0330] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Gulf 

Intracoastal Waterway, Sarasota, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is modifying 

the operating schedule of four bridges 

across the Gulf Intracoastal Waterway 

(GICW); Stickney Point Drawbridge, 

mile 68.6, Siesta Drive Drawbridge, mile 

71.6, Cortez Drawbridge, mile, 87.4, and 

Anna Maria Drawbridge, mile 89.2, in 

Sarasota, FL. The request was made to 

the Coast Guard to change the operation 

of four drawbridges due to an increase 

in vehicle traffic throughout these areas 

at all times of the year. This rulemaking 

would change the bridges’ operating 

schedules from a three times an hour 

opening schedule to a twice an hour 

opening schedule throughout the year. 

DATES: This rule is effective October 5, 

2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2016– 

0330. 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 about this rule, call 

or email, Ms. Jennifer Zercher with the 

Seventh Coast Guard District Bridge 

Office; telephone (305) 415–6740, email 

Jennifer.N.Zercher@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

GICW Gulf Intracoastal Waterway 

OMB Office of Management and Budget 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On February 13, 2017, we published 

a notice of proposed rulemaking 

(NPRM) entitled Drawbridge Operation 

Regulation; Gulf Intracoastal Waterway, 

Sarasota, FL in the Federal Register (82 

FR 10444). We received 125 comments 

on this rule. 118 comments were in 

favor of this regulation change and 7 

were against this change. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

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

Stickney Point Bridge across the 

GICW, mile 68.6, at South Sarasota, 

Florida is a bascule bridge. This 

drawbridge has a vertical clearance of 

18 feet in the closed position and a 

horizontal clearance of 90 feet between 

fenders. Presently, in accordance with 

33 CFR 117.5, the Stickney Point Bridge 

is required to open on demand. 

Siesta Drive Bridge across the GICW, 

mile 71.6, at Sarasota, Florida is a 

bascule bridge. This drawbridge has a 

vertical clearance of 25 feet in the 

closed position and a horizontal 

clearance of 90 feet between fenders. 

Presently, in accordance with 33 CFR 

117.287(c), the Siesta Drive Bridge is 

required to open on signal, except that 

from 6 a.m. to 7 p.m., the draw need 

only open on the hour, twenty minutes 

past the hour and forty minutes past the 

hour. On weekends and Federal 

holidays, from 11 a.m. to 6 p.m., the 

draw need open only on the hour, 

twenty minutes past the hour and forty 

minutes past the hour. 

Cortez (SR 684) Bridge across the 

GICW, mile 87.4, at Bradenton Beach, 

Florida is a bascule bridge. This 

drawbridge has a vertical clearance of 

22 feet in the closed position and a 

horizontal clearance of 90 feet between 

fenders. Presently, in accordance with 

33 CFR 117.287 (d)(1), the Cortez (SR 

684) Bridge is required to open on 

signal, except that from 6 a.m. to 7 p.m., 

the draw need only open on the hour, 

20 minutes after the hour, and 40 

minutes after the hour. From January 15 

to May 15, from 6 a.m. to 7 p.m., the 

draw need only open on the hour and 

half hour. 

Anna Maria (SR 64) (Manatee Avenue 

West) Bridge, mile 89.2, at Bradenton 

Beach, Florida is a bascule bridge. This 

drawbridge has a vertical clearance of 

24 feet in the closed position and a 

horizontal clearance of 90 feet between 

fenders. Presently, in accordance with 

33 CFR 117.287(d)(2), the Anna Maria 

(SR 64) (Manatee Avenue West) Bridge 

is required to open on signal, except 

that from 6 a.m. to 7 p.m., the draw 

need only open on the hour, 20 minutes 

after the hour, and 40 minutes after the 

hour. From January 15 to May 15, from 

6 a.m. to 7 p.m., the draw need only 

open on the hour and half hour. 

The Metropolitan Planning Office for 

Sarasota and Manatee Counties, along 

with the concurrence of the local 

mayors, have requested that the Coast 

Guard consider changing the bridge 

operating regulations for four bridges in 

this area to accommodate a year-round 

increase of vehicular traffic. In the past, 

increased traffic was only associated 

with the tourist season. For this reason, 

the Coast Guard is modifying the four 

bridge schedules to provide for both the 

reasonable needs of navigation and 

those of land transportation. The bridge 

owner, Florida Department of 

Transportation, concurs with these 

recommendations. 

IV. Discussion of Comments, Changes 

and the Final Rule 

There were seven comments opposing 

the final rule. Six comments were 

against modifying the existing schedule 

and one comment suggested that even 

with this modified schedule the bridge 

will still open too often. Not allowing 

these bridges to open at least twice an 

hour would place an undue burden on 

the marine community. Two of the 

comments suggested the City/County/ 

State should look into putting in higher 

level bridges and do a traffic 

management study, as the problem is 

traffic control, not the bridge openings. 

mstockstill on DSK30JT082PROD with RULES

41892 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 

These comments were directed to the 

bridge owner. Four comments stated 

that having vessels waiting for a halfhour for the bridge to open could be a 

safety concern. As the timing between 

bridge openings has been adjusted to 

accommodate traveling at a no wake 

speed between the bridges, vessels 

should not have to wait for longer than 

5 to 10 minutes for an opening. Of these 

four comments sighting safety concerns, 

one commenter has posted the same 

concern twice. No adjustments have 

been made to this regulation based on 

the comments. 

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 ability that vessels can 

still transit the bridges during the 

scheduled openings. Vessels that can 

transit the bridge in the closed position 

may continue to do so. Public vessels of 

the United States and tugs with tows 

may request an opening 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. 

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 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; 

and Department of Homeland Security 

Delegation No. 0170.1. 

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Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41893 

■ 2. Amend § 117.287 by revising 

paragraphs (c) and (d) to read as follows: 

§ 117.287 Gulf Intracoastal Waterway. 

* * * * * 

(c)(1) The Stickney Point Bridge, mile 

68.6, at South Sarasota, Florida shall 

open on signal, except that from 6 a.m. 

to 7 p.m. daily, the draw need only open 

on the hour and half hour. 

(2) The draw of the Siesta Drive 

Bridge, mile 71.6, at Sarasota, Florida 

shall open on signal, except that from 6 

a.m. to 7 p.m. daily, the draw need only 

open on the hour and half hour. 

(d)(1) The draw of the Cortez (SR 684) 

Bridge, mile 87.4, at Bradenton Beach, 

Florida shall open on signal, except that 

from 6 a.m. to 7 p.m. daily, the draw 

need only open on the quarter hour and 

three quarter hour. 

(2) The draw of the Anna Maria (SR 

64) (Manatee Avenue West) Bridge, mile 

89.2, at Bradenton Beach, Florida shall 

open on signal, except that from 6 a.m. 

to 7 p.m. daily, the draw need only open 

on the quarter hour and three quarter 

hour. 

* * * * * 

Dated: August 22, 2017. 

Peter J. Brown, 

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

Seventh Coast Guard District. 

[FR Doc. 2017–18710 Filed 9–1–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0843] 

RIN 1625–AA00 

Safety Zone; Dredging, Shark River, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

a portion of Shark River, in Neptune 

City, NJ, from September 5, 2017, 

through September 23, 2017, while 

dredging operations are being 

conducted in the main navigational 

channel. This safety zone is necessary to 

provide for the safety of life on 

navigable waters during dredging 

operations and will restrict vessel traffic 

from transiting the main navigational 

channel. 

DATES: This rule is effective from 

September 5, 2017 through September 

23, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to, type 

USCG–2017–0843 in the ‘‘SEARCH’’ 

box and click ‘‘SEARCH.’’ Click on 

Open Docket Folder on the line 

associated with this rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Marine Science Technician 

Second Class Amanda Boone, U.S. Coast 

Guard, Sector Delaware Bay, Waterways 

Management Division, Coast Guard; 

telephone (215) 271–4889, email 

Amanda.N.Boone@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

II. Background Information and 

Regulatory History 

Efforts to dredge the Shark River have 

been underway for well over a decade. 

After Superstorm Sandy, the need to 

dredge the river increased significantly 

due to sediment deposited by the storm, 

which impeded navigation within the 

channel. 

Mobile Dredging and Pumping Co. 

has been awarded the contract to restore 

the state channels to allow safe passage 

for recreational and commercial traffic. 

The sediment will be hydraulically 

dredged and piped via a secure welded 

pipeline to the selected dewatering 

locations. 

The purpose of this rule is to promote 

maritime safety and protect vessels from 

the hazards of dredge piping and dredge 

operations. The rule will temporarily 

restrict vessel traffic from transiting a 

portion of the Shark River while 

dredging operations are being 

conducted in the main navigational 

channel. 

The Coast Guard is issuing this 

temporary 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)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

final details for this event were not 

received by the Coast Guard until 

August 25, 2017, and the dredging 

operation will begin September 5, 2017. 

The safety zone is needed by September 

5, 2017, to ensure safe navigation of 

vessels transiting the Shark River, and it 

is impracticable to publish an NPRM 

and consider comments before that date. 

The dredge and dredge piping must be 

positioned in the main navigational 

channel in order for the dredging 

company to complete the proper 

dredging of the main navigational 

channel. Allowing this event to go 

forward without a safety zone in place 

would expose mariners and the public 

to unnecessary dangers associated with 

dredge piping and dredge operations. 

Therefore, it is imperative that there is 

a safety zone restricting traffic in this 

portion of the Shark River, in Neptune 

City, NJ. 

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. The Coast 

Guard expects that there will be an 

impact to vessel traffic during times 

when the navigational channel is 

restricted. However, there will be times 

throughout the project where vessel 

traffic is not restricted and traffic will be 

able to transit through the main 

navigational channel. Furthermore, 

notification of the waterway restrictions 

will be made by the contractor, Mobile 

Dredging and Pumping Co. Additionally 

the New Jersey Department of 

Transportation, Office of Marine 

Resources, will be conducting outreach 

to the local community. Notification of 

the safety zone and waterway 

restrictions will be made by the COTP 

via marine safety broadcast using VHF– 

FM channel 16 and through the Local 

Notice to Mariners. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

COTP Delaware Bay has determined 

that potential hazards are associated 

with dredge piping and dredge 

operations from September 5, 2017, 

through September 23, 2017. The rule is 

necessary to promote maritime safety 

and protect vessels from the hazards of 

dredge piping and dredge operations. 

The rule will have an impact to 

vessels transiting through the Shark 

River main navigational channel, from 

latitude 40°10′54.20′′ N., longitude 

74°1′51.05′′ W., bounded by the eastern 

side of the channel and the western side 

of the channel, north, to latitude 

40°11′6.87′′ N., longitude 74° 1′53.54′′ 

W., as vessels will be unable to transit 

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