Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Jupiter, FL, 7287-7288 [2024-02084]
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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Rules and Regulations
§ 27.9 Authority of the Director to review
and decide claims of a breach of a
settlement agreement.
(a) Any party to a settlement
agreement reached in proceedings and
in a forum under this part may file a
claim of a breach of that settlement
agreement with the Director within 30
days of the date on which the grounds
for the claim of breach were known or
should have been known.
(b) The Director shall adjudicate any
timely claim of a breach of a settlement
agreement. The Director shall exercise
the authority granted under § 27.4(e)(4)
to ensure the efficient administration
and management of the adjudication of
the breach claim, pursuant to any
procedures the Director deems
reasonably necessary to carry out the
functions assigned under this
paragraph.
(c) A party may request, within 30
calendar days of a decision on a claim
of a breach of a settlement agreement by
the Director, review of that decision by
the Deputy Attorney General.
Dated: January 25, 2024.
Merrick B. Garland,
Attorney General.
[FR Doc. 2024–01934 Filed 2–1–24; 8:45 am]
BILLING CODE 4410–AR–P
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)
§ Section
U.S.C. United States Code
FL Florida
AICW Atlantic Intracoastal Waterway
FDOT Florida Department of
Transportation
II. Background Information and
Regulatory History
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2023–0652]
RIN 1625–AA09
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway, Jupiter,
FL
On October 20, 2023, the Coast Guard
published a notice of proposed
rulemaking entitled ‘‘Drawbridge
Operation Regulation; Atlantic
Intracoastal Waterway, at Jupiter, FL’’ in
the Federal Register (88 FR 72415).
There we stated why we issued the
NPRM and invited comments on our
proposed regulatory action related to
this regulatory change. During the
NPRM comment period that ended
November 20, 2023, no comments were
received.
AGENCY:
III. Legal Authority and Need for Rule
The Coast Guard is
temporarily modifying the operating
schedule that governs the Indiantown
Road Bridge across the Atlantic
Intracoastal Waterway (AICW), mile
1006.2, at Jupiter, Florida. This action is
necessary to alleviate vehicle traffic
congestion on the Indiantown Road
Bridge caused by the replacement of
another nearby bridge. Once
construction of the nearby bridge is
complete, the Indiantown Road
Drawbridge will return to normal
scheduled operations.
DATES: This temporary final rule is
effective from 12:01 a.m. on February 5,
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 499. The
Indiantown Road Bridge across the
AICW, mile 1006.2, at Jupiter, Florida.
The Indiantown Road Bridge is a
double-leaf bascule bridge with 35 feet
of vertical clearance in the closed
position. The operating schedule
requires the bridge to open each hour
and half-hour as needed per 33 CFR
117.261(q).
The bridge owner, Florida Department
of Transportation, has requested this
change during the replacement of an
adjacent bridge. The closing of the
adjacent bridge has resulted in
significant increase in vehicle traffic
congestion of the area. The only
alternate route for land traffic to access
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
SUMMARY:
khammond on DSKJM1Z7X2PROD with RULES
2024, through 11:59 p.m. on August 31,
2025.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type the docket
number USCG–2023–0652 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 temporary
final rule, call or email Mr. Leonard
Newsom, Seventh District Bridge
Branch, Coast Guard; telephone (305)
415–6946, email Leonard.D.Newsom@
uscg.mil.
VerDate Sep<11>2014
15:16 Feb 01, 2024
Jkt 262001
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
7287
the mainland is via the Donald Ross
Bridge approximately 4.5 miles south of
the Indiantown Road Bridge. This rule
will reduce the number of openings
which will subsequently allow the local
traffic to flow with less obstructions and
delay.
IV. Discussion of Comments, Changes,
and the Temporary Final Rule
The Coast Guard provided a comment
period of 30 days, and no comments
were received. The current regulation
provides for the bridge to open twice an
hour. This temporary final rule allows
for the bridge to remain closed to
navigation during designated times and
all other times open twice an hour.
Vessels that can pass beneath the bridge
without an opening may do so at any
time.
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
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 ability that vessels able
to transit the bridge while in the closed
position may do so at any time.
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
E:\FR\FM\02FER1.SGM
02FER1
7288
Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Rules and Regulations
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.
khammond on DSKJM1Z7X2PROD with RULES
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
VerDate Sep<11>2014
15:16 Feb 01, 2024
Jkt 262001
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, Table3–1 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
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and DHS Delegation No. 00170.1, Revision
No. 01.3.
■
■
■
2. Amend § 117.261 by:
a. Adding paragraph (p); and
b. Staying paragraph (q).
The addition reads as follows:
§ 117.261 Atlantic Intracoastal Waterway
from St. Marys River to Key Largo.
*
*
*
*
*
(p) Indiantown Road Bridge, mile
1006.2, at Jupiter. The draw shall open
on the hour and half hour except that
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
the draw need not open daily from 7 to
9 a.m. and 4 to 6 p.m.
*
*
*
*
*
Dated: January 27, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander,
Coast Guard Seventh District.
[FR Doc. 2024–02084 Filed 2–1–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2024–0124]
Safety Zone; Military Ocean Terminal
Concord Safety Zone, Suisun Bay,
Concord, CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
a safety zone in the navigable waters of
Suisun Bay, off Concord, CA, in support
of explosive handling operations at
Military Ocean Terminal Concord, CA
(MOTCO), on February 2, 2024, through
February 9, 2024. This safety zone is
necessary to protect personnel, vessels,
and the marine environment from
potential explosion within the explosive
arc. The safety zone is open to all
persons and vessels for transitory use,
but vessel operators desiring to anchor
or otherwise loiter within the safety
zone must obtain permission of the
Captain of the Port (COTP) San
Francisco or a designated
representative.
SUMMARY:
The regulations in 33 CFR
165.1198 will be enforced from 12:01
a.m. on February 2, 2024, until 11:59
p.m. on February 9, 2024.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email LT William Harris, U.S. Coast
Guard Sector San Francisco, Waterways
Management Division, at telephone
415–399–7443, email SFWaterways@
uscg.mil.
DATES:
The Coast
Guard will enforce the safety zone in 33
CFR 165.1198 for the Military Ocean
Terminal Concord, CA (MOTCO),
regulated area from 12:01 a.m. on
February 2, 2024, until 11:59 p.m. on
February 9, 2024, or as announced via
marine information bulletin. This safety
zone is necessary to protect personnel,
SUPPLEMENTARY INFORMATION:
E:\FR\FM\02FER1.SGM
02FER1
Agencies
[Federal Register Volume 89, Number 23 (Friday, February 2, 2024)]
[Rules and Regulations]
[Pages 7287-7288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02084]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0652]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Jupiter, FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the Indiantown Road Bridge across the Atlantic
Intracoastal Waterway (AICW), mile 1006.2, at Jupiter, Florida. This
action is necessary to alleviate vehicle traffic congestion on the
Indiantown Road Bridge caused by the replacement of another nearby
bridge. Once construction of the nearby bridge is complete, the
Indiantown Road Drawbridge will return to normal scheduled operations.
DATES: This temporary final rule is effective from 12:01 a.m. on
February 5, 2024, through 11:59 p.m. on August 31, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number USCG-2023-0652 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
temporary final rule, call or email Mr. Leonard Newsom, Seventh
District Bridge Branch, Coast Guard; telephone (305) 415-6946, email
[email protected].
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
FDOT Florida Department of Transportation
II. Background Information and Regulatory History
On October 20, 2023, the Coast Guard published a notice of proposed
rulemaking entitled ``Drawbridge Operation Regulation; Atlantic
Intracoastal Waterway, at Jupiter, FL'' in the Federal Register (88 FR
72415). There we stated why we issued the NPRM and invited comments on
our proposed regulatory action related to this regulatory change.
During the NPRM comment period that ended November 20, 2023, no
comments were received.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
499. The Indiantown Road Bridge across the AICW, mile 1006.2, at
Jupiter, Florida. The Indiantown Road Bridge is a double-leaf bascule
bridge with 35 feet of vertical clearance in the closed position. The
operating schedule requires the bridge to open each hour and half-hour
as needed per 33 CFR 117.261(q).
The bridge owner, Florida Department of Transportation, has
requested this change during the replacement of an adjacent bridge. The
closing of the adjacent bridge has resulted in significant increase in
vehicle traffic congestion of the area. The only alternate route for
land traffic to access the mainland is via the Donald Ross Bridge
approximately 4.5 miles south of the Indiantown Road Bridge. This rule
will reduce the number of openings which will subsequently allow the
local traffic to flow with less obstructions and delay.
IV. Discussion of Comments, Changes, and the Temporary Final Rule
The Coast Guard provided a comment period of 30 days, and no
comments were received. The current regulation provides for the bridge
to open twice an hour. This temporary final rule allows for the bridge
to remain closed to navigation during designated times and all other
times open twice an hour. Vessels that can pass beneath the bridge
without an opening may do so at any time.
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 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 ability that
vessels able to transit the bridge while in the closed position may do
so at any time.
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
[[Page 7288]]
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, Table3-1 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 DHS Delegation No.
00170.1, Revision No. 01.3.
0
2. Amend Sec. 117.261 by:
0
a. Adding paragraph (p); and
0
b. Staying paragraph (q).
The addition reads as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(p) Indiantown Road Bridge, mile 1006.2, at Jupiter. The draw shall
open on the hour and half hour except that the draw need not open daily
from 7 to 9 a.m. and 4 to 6 p.m.
* * * * *
Dated: January 27, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2024-02084 Filed 2-1-24; 8:45 am]
BILLING CODE 9110-04-P