[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Proposed Rules]
[Pages 48940-48942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22939]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0161]
RIN 1625-AA09


Drawbridge Operation Regulation; Canaveral Barge Canal, 
Canaveral, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the SR 401 Drawbridge, mile 5.5 at Port Canaveral, Florida. 
This modified regulation is necessary to reduce vehicular traffic 
congestion and to ensure the safety of the roadways while passengers 
are transiting to and from Cruise Terminal 10, which is used by 
Norwegian Cruise Line at Port Canaveral. Since the homeporting of the 
cruise ship Norwegian Epic in the Port of Canaveral, traffic back-ups 
have been caused by the drawbridge openings. This modified regulation 
allows the bridge not to open to navigation during typical cruise-ship 
passenger loading and unloading times on Saturdays and Sundays.

DATES: Comments and related material must reach the Coast Guard on or 
before November 22, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0161 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Eddie Lawrence of the Coast Guard Bridge 
Branch; telephone 305-415-6946, email <a href="/cdn-cgi/l/email-protection#f5b091919c90dbbddbb9948287909b9690b580869692db989c99"><span class="__cf_email__" data-cfemail="eeab8a8a878bc0a6c0a28f999c8b808d8bae9b9d8d89c0838782">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    On April 25, 2017, the Coast Guard published a notice of deviation 
from drawbridge regulation with request for comments in the Federal 
Register (82 FR 18989). One comment was received.
    The existing regulation as published at 33 CFR 117.273 states: (b) 
The drawspan of the SR401 Drawbridge, mile 5.5 at Port Canaveral, must 
open on signal; except that, from 6:30 a.m. to 8 a.m. and 3:30 p.m. to 
5:15 p.m. Monday through Friday except Federal holidays, the drawspan 
need not be opened for the passage of vessels. From 10 p.m. to 6 a.m. 
the drawspan must open on signal if at least three hours notice is

[[Page 48941]]

given. The drawspan must open as soon as possible for the passage of 
public vessels of the United States and tugs with tows.
    Under the current temporary deviation, the bridge remains in the 
closed-to-navigation position from 11 a.m. to 2 p.m. on Saturdays and 
Sundays. The Canaveral Port Authority has requested this deviation. The 
bridge logs from November 2016 indicate that, at most, an average of 
nine vessels per month may be affected by establishing this three hour 
bridge closure on Saturdays and Sundays. The majority of the opening 
requests were either at the beginning or end of this closure period; 
therefore, if these mariners adjust their transits slightly there 
should be a negligible overall effect.
    The comment that was received stated that allowing this bridge to 
be closed for three hours during the weekends is unreasonable to vessel 
traffic as it limits the times the bridge will be available for use by 
the maritime community. The commenter also stated that the bridge 
should be allowed to open at least once an hour and that there was very 
little vehicle traffic during the third hour. The Coast Guard agrees. 
For this reason, the Coast Guard will continue to evaluate the impact 
to mariners navigating this area during the closure periods and has 
pubished this NPRM to allow for additional comments.

III. Discussion of Proposed Rule

    This modified regulation is necessary to reduce vehicular traffic 
congestion and to ensure the safety of the roadways while passengers 
are transiting to and from Cruise Terminal 10, which is used by 
Norwegian Cruise Line at Port Canaveral. Since the arrival of the 
cruise ship Norwegian Epic to the Port of Canaveral, massive traffic 
back-ups have been caused by the drawbridge openings.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 bridge before and after the proposed 
periods. Vessels that can pass under the bridge in the closed position 
may continue to do so.

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 
proposed rule would 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 IV.A 
above this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 preliminary 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 proposed rule simply 
promulgates the operating regulations or procedures for drawbridges. 
Normally such actions are categorically excluded from further

[[Page 48942]]

review, under figure 2-1, paragraph (32)(e), of the Instruction.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record not required for this proposed rule. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 0170.1.

0
2. In Sec.  117.273, revise paragraph (b) to read as follows:


Sec.  117.273  Canaveral Barge Canal, Canaveral, FL.

* * * * *
    (b) The drawspan of the SR401 Drawbridge, mile 5.5 at Port 
Canaveral, must open on signal; except that, from 6:30 a.m. to 8 a.m. 
and 3:30 p.m. to 5:15 p.m. Monday through Friday except Federal 
holidays, the drawspan need not be opened for the passage of vessels. 
On Saturday and Sunday, this bridge will be allowed to remain closed to 
navigation from 11 a.m. to 2 p.m. each day. From 10 p.m. to 6 a.m. the 
drawspan must open on signal if at least three hours notice is given. 
The drawspan must open as soon as possible for the passage of public 
vessels of the United States and tugs with tows.

    Dated: October 17, 2017.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-22939 Filed 10-20-17; 8:45 am]
BILLING CODE 9110-04-P


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