Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 41889 

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; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.911, revise paragraph (f) to 

read as follows: 

§ 117.911 Atlantic Intracoastal Waterway, 

Little River to Savannah River. 

* * * * * 

(f) The Lady’s Island Bridge (Woods 

Memorial), across the Beaufort River, 

Mile 536.0 at Beaufort. The draw shall 

operate as follows: 

(1) On Monday through Friday, except 

Federal holidays: 

(i) From 6:30 a.m. to 9 a.m. and 3 p.m. 

to 6 p.m., the draw need not open to 

navigation; and, 

(ii) Between 9 a.m. to 3 p.m., the draw 

need open only on the hour. 

(2) During the months of April, May, 

October, and November from Monday 

through Friday, except Federal holidays, 

the Lady’s Island Bridge (Woods 

Memorial) shall operate as follows: 

(i) From 7 a.m. to 9 a.m. and 4 p.m. 

to 6 p.m., the draw need not open to 

navigation; and, 

(ii) Between 9 a.m. to 4 p.m., the draw 

need open only on the hour and halfhour. 

(3) At all other times the draw shall 

open on signal. 

Dated: August 22, 2017. 

Peter J. Brown, 

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

Seventh Coast Guard District. 

[FR Doc. 2017–18709 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–2016–0523] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Rice 

Creek, Putnam County, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is modifying 

the operating schedule that governs the 

CSX Railroad Bridge across the Rice 

Creek, mile 0.8, in Palatka, Putnam 

County, FL. This rule will change the 

existing open on demand during the day 

and 24 hour advance notice for a bridge 

opening during the night, to 24 hour 

advance notice for an opening at all 

times. 

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– 

0523. 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, 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 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On November 11, 2016 we published 

a notice of proposed rulemaking 

(NPRM) entitled Operation Regulation; 

Rice Creek, Putnam County, FL in the 

Federal Register (81 FR 78952). We 

received 2 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. 

The CSX Railroad Bridge across the 

Rice Creek, mile 0.8, in Palatka, Putnam 

County, FL is a swing bridge. It has a 

vertical clearance of 2 feet at mean high 

water in the closed position and a 

horizontal clearance of 30 feet. 

Presently, in accordance with 33 CFR 

117.324, the Rice Creek CSX Railroad 

Swing Bridge is required to open on 

signal for the passage of vessels from 8 

a.m. to 4 p.m., daily. From 4:01 p.m. to 

7:59 a.m., daily, the bridge shall open 

with a 24-hour advance notice to CSX. 

On May 18th, 2015, CSX 

Transportation, the bridge owner, 

requested the Coast Guard consider 

allowing the CSX Railroad Bridge across 

Rice Creek to be converted from a 

movable bridge to a fixed bridge. Their 

request was made due to the minimal 

drawbridge openings requested over the 

past several years. The Coast Guard 

determined that converting the bridge to 

a fixed structure was not reasonable to 

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41890 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations 

navigation, because it would restrict 

most vessels from using the waterway at 

all. CSX then requested modifying the 

bridge operations to 24 hour advance 

notice at all times. CSX provided the 

Coast Guard a summary of bridge 

opening logs that show eight openings 

in 2015, three openings in 2014, and 

three openings in 2013. 

This change will still allow vessels to 

pass through the bridge while taking 

into account the reasonable needs of 

other modes of transportation. This rule 

would implement a 24 hour advance 

notice to CSX for any openings. This 

regulatory change is justified based on 

the limited impact that it will have on 

vessel traffic as shown by the small 

number of openings requested over 

recent years. Emergency vessels and 

tugs with tows can still request 

openings at any time. 

IV. Discussion of Comments, Changes 

and the Final Rule 

There were two comments received 

during the comment period. One 

comment from the Sheriff’s Department 

concerned not being able to respond to 

possible emergencies up-river from the 

bridge. This is mitigated by protocols 

established between the Sheriff’s 

Department and CSX for emergency 

openings. The second comment was via 

letter from the Brotherhood of 

Maintenance of Way Employees 

Division (BMWED). The concerns were 

multifold concerning; security and 

maintenance. These were all submitted 

to CSX and answered to the satisfaction 

of BMWED. 

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 given 

advanced notice and the small amount 

of vessel traffic transiting the bridge in 

general. 

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. 

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. 

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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. 

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