Rule2023-26986
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Addison Point, 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
December 8, 2023
Effective
December 8, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is removing the existing drawbridge operation regulation for the John F. Kennedy Space Center Bridge (NASA Causeway), across the Atlantic Intracoastal Waterway (Indian River), mile 885, at Addison Point, FL. The drawbridge was replaced with a fixed bridge in 2023 and the operating regulation is no longer applicable or necessary.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 235 (Friday, December 8, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85498-85499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26986]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0842]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Addison Point, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the John F. Kennedy Space Center Bridge (NASA Causeway),
across the Atlantic Intracoastal Waterway (Indian River), mile 885, at
Addison Point, FL. The drawbridge was replaced with a fixed bridge in
2023 and the operating regulation is no longer applicable or necessary.
DATES: This rule is effective December 8, 2023.
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-2023-0842) 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 Mr. Leonard Newsom, Coast Guard; telephone 305-415-6946,
email <a href="/cdn-cgi/l/email-protection#dc90b9b3b2bdaeb8f298f292b9abafb3b19ca9afbfbbf2b1b5b0"><span class="__cf_email__" data-cfemail="f2be979d9c938096dcb6dcbc9785819d9fb287819195dc9f9b9e">[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
AICW Atlantic Intracoastal Waterway
II. Background Information and Regulatory History
The Coast Guard is issuing this 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
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), 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 unnecessary. The John F.
Kennedy Space Center Bridge, that once required the draw operations in
33 CFR 117.261(l), was removed from the Atlantic Intracoastal Waterway
(Indian River) and replaced with a fixed bridge in 2023. Therefore, the
regulation is no longer applicable and shall be removed from
publication. It is unnecessary to publish an NPRM because this
regulatory action does not purport to place any restrictions on
mariners but rather removes a restriction that has no use or value
because the new bridge does not open.
We are issuing this rule under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective in less
than 30 days after publication in the Federal Register. The bridge has
been removed from the waterway and this rule merely requires an
administrative change to the Federal Register, in order to omit a
regulatory requirement that is no longer applicable or necessary. The
modification has already taken place and the removal of the regulation
will not affect mariners currently operating on this waterway.
Therefore, a delayed effective date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The John F. Kennedy Space Center bridge was removed and replaced
with a fixed bridge in 2023. The elimination of this drawbridge
necessitates the removal of the drawbridge operation regulation, 33 CFR
117.261(l), that pertain to the former drawbridge.
The purpose of this rule is to remove the paragraph of 33 CFR
117.261(l) that refers to the John F. Kennedy Space Center Bridge,
across the Atlantic Intracoastal Waterway (Indian River) at mile 885,
from the Code of Federal Regulations since it governs a bridge that is
no longer able to be opened.
IV. Discussion of Final Rule
The Coast Guard is changing the regulation in 33 CFR 117.261 by
removing restrictions and the regulatory burden related to draw
operations for a bridge that is no longer a drawbridge. The change
removes Sec. 117.261(l) of the regulation governing the John F.
Kennedy Space Center Bridge since the bridge has been removed from the
waterway and replaced with a fixed bridge. This final rule seeks to
update the CFR by removing language that governs the operation of the
John F.
[[Page 85499]]
Kennedy Space Center Bridge. This change does not affect waterway or
land traffic. This change does not affect, nor does it alter the
operating schedules in 33 CFR 117.261 that govern the remaining active
drawbridges on the Atlantic Intracoastal Waterway from St. Marys River
to Key Largo.
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 proposed rule has not been designated a
``significant regulatory action,'' under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094 (Modernizing
Regulatory Review). 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 fact that the
bridge was replaced and no longer operates as a drawbridge. The removal
of the operating schedule from 33 CFR 117 Subpart B will have no effect
on the movement of waterway or land traffic.
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 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
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; Department of Homeland
Security Delegation No. 00170.1. Revision No. 01.3.
Sec. 117.261 [Amended]
0
2. Amend Sec. 117.261 by removing and reserving paragraph (l).
Dated: December 5, 2023.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2023-26986 Filed 12-7-23; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 8, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.