[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Proposed Rules]
[Pages 20454-20455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07637]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0060]
RIN 1625-AA09
Drawbridge Operation Regulation; Banana River, Indian Harbour
Beach, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking; withdrawal.
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SUMMARY: The Coast Guard is withdrawing its notice of proposed
rulemaking concerning the Mathers Bridge across the Banana River, mile
0.5, at Indian Harbour Beach, FL. The bridge owner, Brevard County
Public Works Department, proposed to change the bridge operating
schedule to allow for scheduled openings in order to reduce traffic
delays. After careful consideration of the comments from all parties,
it was determined to be in the best interest of navigation to withdraw
the NPRM.
DATES: The notice of proposed rulemaking is withdrawn on April 13,
2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2017-0060 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket
[[Page 20455]]
Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or email LT Emily Sysko, Sector Jacksonville Waterways
Management Division, U.S. Coast Guard; telephone 904-714-7616, email
[email protected].
SUPPLEMENTARY INFORMATION:
Background Information and Regulatory History
On April 24, 2017, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Banana River, Indian
Harbour Beach, FL in the Federal Register (82 FR 18877) to solicit
comments on the proposed rulemaking concerning the request to change
the operating schedule. Minimal comments were received. The City of
Indian Harbour Beach, FL requested to have the comment period re-opened
as they believed their constituency did not have awareness of the
initial notice and comment period. On October 23, 2017, we published a
notice of proposed rulemaking, reopening comment period entitled
``Drawbridge Operation Regulation; Banana River, Indian Harbour Beach,
FL'' in the Federal Register (82 FR 48939).
Due to the numerous comments received both for and against the
proposed rule, on February 20, 2018, the Coast Guard published a notice
of temporary deviation from regulation; request for comments entitled
``Drawbridge Operation Regulation; Banana River, Indian Harbour Beach,
FL'' in the Federal Register (83 FR 7110). The purpose of this
temporary deviation was to test the proposed schedule change to
determine whether a permanent change is appropriate to better balance
the needs of maritime and vehicle traffic.
Withdrawal
The Coast Guard received 199 comments, of those, 130 were against
the proposal, 65 were in favor of the proposed change, three suggested
removing the bridge in its entirety or build a new one, and one was
unrelated to the proposed rule. The comments in favor of the proposal
generally felt that placing the bridge on a schedule would help
alleviate vehicular traffic on the bridge. The comments to remove or
rebuild the bridge are not considered viable options. Upon reviewing
the comments against the proposed change, concern was expressed that
the change would increase navigation delays, introduce unnecessary
hazards to navigation by limiting the bridge openings and create longer
bridge openings in an area with a high volume of recreational boaters.
The Coast Guard acknowledges all of the above safety concerns, and for
that reason, we feel that any benefits of the proposed schedule change
at the Mathers Bridge do not outweigh the additional hazards to vessels
and mariners transiting the area around the bridge. The current
regulation as written in 33 CFR 117.263 shall remain in effect.
Authority
The authority citation for part 117 continues to read as follows:
33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security
Delegation No. 0170.1.
Dated: April 7, 2020.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2020-07637 Filed 4-10-20; 8:45 am]
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