Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Boca Raton, FL
| Published date | 19 December 2018 |
| Citation | 83 FR 65081 |
| Record Number | 2018-27386 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 83 Issue 243 (Wednesday, December 19, 2018)
[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Rules and Regulations]
[Pages 65081-65083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27386]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2018-0356]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Boca Raton, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the Camino Real (Boca Club) Bridge across the
Atlantic Intracoastal Waterway, mile 1048.2, at Boca Raton, Florida.
This modification is necessary to allow for the completion of extensive
rehabilitation of the bridge and fender system. This modification will
allow the draw to provide single-leaf openings with a 6-hour advanced
notice for a full opening.
DATES: This temporary final rule is effective from 7 a.m. on December
19, 2018 though 7 p.m. on April 30, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov. Type USCG-
2018-0356 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
temporary final rule, call or email Lieutenant Samuel Rodriguez-
Gonzalez, U.S. Coast Guard Sector Miami, Waterways Management Division;
telephone 305-535-4307, email samuel.rodriguez-gonzalez@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
Sec. Section
U.S.C. United States Code
FL Florida
II. Background Information and Regulatory History
On April 27, 2018, we published a temporary deviation from the
operating schedule for the Camino Real Bridge entitled, ``Drawbridge
Operation Regulation; Atlantic Intracoastal Waterway, Boca Raton, FL''
in the Federal Register (83 FR 18415). Outreach conducted with mariners
utilizing the waterway indicated no objections to the temporary
deviation.
The temporary deviation time period ran from April 23, 2018 through
October 9, 2018, and was effective from 7 a.m. to 7 p.m. Monday through
Saturday. During the effective period, the bridge operated on single-
leaf openings with a 6-hour advanced notice for a full opening. Outside
of the effective period, the bridge operated per the normal bridge
operating schedule.
The Coast Guard is issuing this temporary 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 authorized 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 impracticable. Unanticipated
weather delays negatively impacted the schedule and pace of the bridge
rehabilitation, and as a result additional time is required to complete
the work necessary to restore the bridge to full operation. Therefore,
the operating schedule of the bridge must be modified to allow for
performance of all remaining repairs to the bridge and fender system in
order to ensure the safety of persons and vessels in the vicinity of
the bridge.
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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Camino Real (Boca Club) Bridge across the Atlantic Intracoastal
Waterway, mile 1048.2, at Boca Raton, FL is a double-leaf bascule
bridge with a vertical clearance of 10 feet at mean high water in the
closed to navigation position and a horizontal clearance of 83 feet
between the fender system. The existing
[[Page 65082]]
drawbridge operating regulation is set out in 33 CFR 117.261(aa-1).
Kiewit Infrastructure South Co., on behalf of the bridge owner, Palm
Beach County, requested this modification in order to effect
rehabilitation of the bridge and fender system as described above.
The Atlantic Intracoastal Waterway is used by a variety of vessels
including U.S. government vessels, small commercial vessels,
recreational vessels and tugs and barge traffic. Vessels able to pass
through the bridge in the closed position may do so at anytime. The
bridge will not be able to provide a full opening for emergencies and
there is no immediate alternate route for vessels to pass.
IV. Discussion of the Rule
As noted above, we received no comments on the temporary deviation
published on April 27, 2018. Additionally, coordination with waterway
users indicated no objection to the temporary modification of the
drawbridge schedule.
This rule modifies the operating schedule governing the Camino Real
(Boca Club) Bridge across the Atlantic Intracoastal Waterway, mile
1048.2, at Boca Raton, FL. The draw shall provide single-leaf openings
with a 6-hour advanced notice for a full opening from 7 a.m. to 7 p.m.
Monday through Saturday. During non-working hours, the bridge will
operate per the normal bridge operating schedule. The rule is necessary
to accommodate the completion of the rehabilitation of the bridge and
fender system. The Coast Guard will inform the users of the waterway
through Local and Broadcast Notices to Mariners of the change in
operating schedule for the bridge so that operators can arrange their
transits to minimize any impact caused by the temporary 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: (1) The modified
schedule will only be effective for twelve hours daily, Monday through
Saturday; (2) vessels may continue to pass under the bridge via single-
leaf openings; (3) the draw will provide a full opening so long as a
requesting vessel provides notice 6-hours in advance notice; and (4)
vessel traffic able to pass under the bridge in the closed position may
do so at anytime.
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 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
[[Page 65083]]
excluded from further review, under figure 2-1, paragraph (32)(e), of
the Instruction. A 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
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. 117.261, effective from 7 a.m. on December 19, 2018 to 7
p.m. on April 30, 2019, suspend paragraph (aa-1) and temporarily add
paragraph (aa-2) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(aa-2) Camino Real (Boca Club) Bridge, mile 1048.2, at Boca Raton.
The draw shall provide single-leaf openings from 7 a.m. to 7 p.m.,
Monday through Saturday, on the hour, twenty minutes past the hour and
forty minutes past the hour. A full opening shall be available with a
6-hour advanced notice. At all other times, the bridge will provide
full openings on the hour, twenty minutes past the hour and forty
minutes past the hour.
* * * * *
Dated: December 13, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2018-27386 Filed 12-18-18; 8:45 am]
BILLING CODE 9110-04-P
