Rule2022-17478
Drawbridge Operation Regulation; Grand Canal, Indian Harbour Beach, FL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 15, 2022
Effective
September 14, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is changing the operating schedule that governs the Lansing Island Bridge across Grand Canal, mile 0.7 at Indian Harbour Beach, FL. A request was made to the Coast Guard to allow the drawbridge to remain closed to navigation and untended during the overnight hours due to a lack of requested openings.
Full Text
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<title>Federal Register, Volume 87 Issue 156 (Monday, August 15, 2022)</title>
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[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Rules and Regulations]
[Pages 49991-49993]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17478]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0015]
RIN 1625-AA09
Drawbridge Operation Regulation; Grand Canal, Indian Harbour
Beach, FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating schedule that
governs the Lansing Island Bridge across Grand Canal, mile 0.7 at
Indian Harbour Beach, FL. A request was made to the Coast Guard to
allow the drawbridge to remain closed to navigation and untended during
the overnight hours due to a lack of requested openings.
DATES: This rule is effective September 14, 2022.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type the
docket number USCG-2022-0015 in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Jennifer Zercher, Bridge Management Specialist,
Seventh Coast Guard District, telephone 305-415-6740, email
<a href="/cdn-cgi/l/email-protection#470d2229292e2122356909691d2235242f22350732342420692a2e2b"><span class="__cf_email__" data-cfemail="f0ba959e9e99969582debedeaa958293989582b085839397de9d999c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
FL Florida
II. Background Information and Regulatory History
On February 1, 2022, the Coast Guard published a Test Deviation,
with a request for comments, entitled Drawbridge Operation Regulation;
Grand Canal, Indian Harbour Beach, FL in the Federal Register (87 FR
5401), to test this operating schedule for the Lansing Island Bridge.
Zero comments were received during the test period.
On June 2, 2022, the Coast Guard published a Notice of Proposed
Rulemaking entitled Drawbridge Operation Regulation; Grand Canal,
Indian Harbour Beach, FL, in the Federal Register (87 FR 33460). There
we stated why we issued the NPRM, and invited comments on our proposed
regulatory action related to this regulatory change. During the comment
period that ended July 5, 2022, we received zero comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Lansing Island Bridge across Grand Canal, mile 0.7, at Indian
Harbour Beach, FL, is a single-leaf bascule bridge with a 16-foot
vertical clearance at mean high water in the closed position. The
normal operating schedule for the bridge is set forth in 33 CFR
117.285(a). Navigation on the waterway consists mainly of recreational
mariners.
[[Page 49992]]
The bridge owner, Lansing Island Homeowners Association, Inc.
requested the Coast Guard consider allowing the drawbridge to remain
closed to navigation and untended during the overnight hours due to a
lack of requested openings. We requested a copy of the bridge logs from
January 1, 2021, through November 30, 2021. After reviewing the logs,
the Coast Guard found the drawbridge provided three openings between
the hours of 10 p.m. and 6 a.m. Two channels provide alternate access
to Grand Canal. Vessels that can pass beneath the bridge without an
opening may do so at any time.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided two comment periods totaling 90 days and
received zero 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.
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. 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).
This regulatory action determination is based on the ability that
vessels capable of transiting under the bridge, without an opening, may
do so at any time and alternate routes for vessels to transit Grand
Canal are available.
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 zero 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
section.
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, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1 of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 117.285 by revising paragraph (a) to read as follows:
Sec. 117.285 Grand Canal.
(a) The draw of the Lansing Island Bridge, mile 0.7, at Indian
Harbour Beach, shall open on signal, except that from 10 p.m. to 6
a.m., daily, the draw need not open for the passage of vessels and will
be untended.
* * * * *
[[Page 49993]]
Dated: August 1, 2022.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander Coast Guard Seventh District.
[FR Doc. 2022-17478 Filed 8-12-22; 8:45 am]
BILLING CODE 9110-04-P
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