Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Jupiter, FL, 85051-85053 [2024-24711]
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Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations
unusual technology can be a barrier.
The commenter also suggested that
BSEE include capabilities for one
specific type of barrier that can shear
and seal pipe used for certain well
operations.
Response: As discussed in this section
and other sections of the final rule
preamble, this section would not alter or
impact any existing regulations (see
summary of proposed rule revisions for
this section). BSEE also stated that the
New or Unusual Technology Barrier
Equipment Conceptual Plan
requirements apply to new or unusual
technology ‘‘that is identified’’ as barrier
equipment (see final rule preamble
section III for § 250.201). Operators that
use new or unusual technology
identified as a barrier must comply with
the applicable requirements of this final
rule (e.g., see §§ 250.201, 250.207, and
250.229). BSEE disagrees that changes to
this section are necessary. This section
does not identify any specific types of
barriers, and BSEE’s intent is not to
limit the use of new or unusual
technology by including specific
operating capabilities that may not be
applicable to all barriers (see final rule
preamble section III for § 250.206).
This action by the Principal Deputy
Assistant Secretary is taken pursuant to
an existing delegation of authority.
Steven H. Feldgus,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
[FR Doc. 2024–24783 Filed 10–24–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–USCG–2023–0652]
RIN 1625–AA09
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway, Jupiter,
FL
Coast Guard, DHS.
Temporary interim rule with
request for comments.
AGENCY:
ACTION:
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, FL. The bridge is
currently operating under a temporary
final rule (TFR) allowing the drawbridge
to remain closed to navigation during
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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designated times daily including
weekends, to alleviate vehicle traffic
congestion caused by the replacement of
an adjacent bridge. Based on observed
roadway traffic, it has been determined
that bridge closures on the weekend and
Federal holidays is not necessary.
DATES: This temporary interim rule is
effective from October 25, 2024 through
11:59 p.m. on August 31, 2025.
Comments and related material must
reach the Coast Guard on or before
November 25, 2024.
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
interim rule, call or email Mr. Leonard
Newsom, Seventh District Bridge
Branch, Coast Guard; telephone (571)
613–1816, email Leonard.D.Newsom@
uscg.mil.
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
Pub. L. Public Law
§ Section
U.S.C. United States Code
FL Florida
AICW Atlantic Intracoastal Waterway
FDOT Florida Department of
Transportation
TFR Temporary Final Rule
TIR Temporary Interim Rule
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary interim 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 contrary
to the public interest to delay the
issuance of the rule and the beneficial
impacts it provides to the local
community and users of the waterway.
The bridge is currently allowed to
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85051
remain closed to navigation, daily,
during designated times to assist with
vehicle congestion. FDOT has
determined the bridge need not remain
closed to navigation during the
designated times on weekends and
Federal holidays until the TFR expires
on August 31, 2025.
On February 2, 2024, the Coast Guard
published a TFR entitled ‘‘Drawbridge
Operation Regulation; Atlantic
Intracoastal Waterway, at Jupiter, FL’’ in
the Federal Register (89 FR 7287) which
allowed the bridge owner, FDOT to
deviate from the current operating
schedule in 33 CFR 117.261(q) to
alleviate vehicle traffic congestion on
the Indiantown Road Bridge caused by
the replacement of an adjacent bridge.
The Coast Guard is soliciting
comments on this rulemaking during
the first 30 days of this rule going into
effect. If the Coast Guard determines
that changes to the temporary interim
rule are necessary, we will publish a
temporary final rule or other
appropriate document.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective upon
publication in the Federal Register. For
reasons presented above, delaying the
effective date of this rule would be
impracticable and contrary to the public
interest due to the fact that an increase
in marine traffic is noticed on weekends
and Federal holidays when vehicle
congestion is not significant. Allowing
the drawbridge to remain closed during
designated times for vehicle congestion
is not necessary for weekends and
Federal holidays.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this
temporary interim rule under authority
in 33 U.S.C. 499. The Indiantown Road
Bridge across the AICW, mile 1006.2, at
Jupiter, FL is a double-leaf bascule
bridge with 35 feet of vertical clearance
in the closed position. The Indiantown
Road Bridge normally operates under
§ 117.261(q); however, paragraph (q) has
been stayed and a temporary paragraph
(p) was issued to alleviate vehicle traffic
congestion on the Indiantown Road
Bridge caused by the replacement of an
adjacent bridge.
The bridge is currently allowed to
remain closed to navigation during
designated times daily until 11:59 p.m.
on August 31, 2025. On June 25, 2024,
the Coast Guard was notified by the
bridge owner, Florida Department of
Transportation (FDOT), that the
modified schedule was not required on
weekends and Federal holidays as
vehicle congestion is not significant.
FDOT has requested the Coast Guard
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Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations
remove the weekend and Federal
holiday restrictions.
IV. Discussion of the Temporary
Interim Rule
The Coast Guard is issuing this rule,
which permits a temporary deviation
from the temporary final rule that
governs the Indiantown Road Bridge
across the AICW, mile 1006.2, at Jupiter,
FL. This rule allows the bridge to open
on the hour and half hour on weekends
and Federal holiday through August 31,
2025. This temporary interim rule is
necessary to meet the reasonable needs
of navigation until construction of an
adjacent bridge is completed. 33 CFR
117.261(q) will remain stayed until
11:59 p.m. on August 31, 2025, and the
current temporary paragraph (p) will be
revised to reflect the new temporary
operating schedule.
V. Regulatory Analyses
We developed this temporary interim
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.
ddrumheller on DSK120RN23PROD with RULES1
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, as amended by
Executive Order 14094 (Modernizing
Regulatory Review). 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 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
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15:46 Oct 24, 2024
Jkt 265001
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.
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
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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.
D. Federalism and Indian Tribal
Government
VI. Public Participation and Request for
Comments
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.
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal DecisionMaking Portal at https://
www.regulations.gov. To do so, go to
https://www.regulations.gov, type
USCG–2023–0652 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
C. Collection of Information
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Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations
CONTACT section of this document for
alternate instructions.
To view documents mentioned in this
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the rule. We may choose not to post offtopic, inappropriate, or duplicate
comments that we receive. Additionally,
if you click on the’’ Dockets’’ tab and
then the rule, you should see a
‘‘Subscribe’’ option for email alerts.
Selecting this option will enable
notifications when comments are
posted, or if/when a final rule is
published.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
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;
Department of Homeland Security Delegation
No. 00170.1. Revision No. 01.3
§ 117.261 Atlantic Intracoastal Waterway
from St. Marys River to Key Largo.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
(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 from 7 a.m. to
9 a.m. and 4 p.m. to 6 p.m., Monday
through Friday except Federal holidays
until 11:59 p.m. on August 31, 2025.
*
*
*
*
*
VerDate Sep<11>2014
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[FR Doc. 2024–24711 Filed 10–24–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2024–0957]
RIN 1625–AA00
Safety Zones; Houston Ship Channel
and Morgan’s Point, TX
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing two temporary safety zones,
a 100-yard radius moving safety zone
and a 25-yard radius fixed safety zone,
around the M/V PIETERSGRACHT, in
the navigable waters of the Houston
Ship Channel and its vicinity. The
temporary safety zones are necessary to
protect persons, property, and the
marine environment from potential
hazards associated with the transfer of
gantry cranes. Persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zones unless
specifically authorized by the Captain of
the Port Sector Houston-Galveston or a
designated representative.
DATES: This rule is effective from 1 a.m.
on October 29, 2024, through 5 p.m. on
November 15, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2024–
0957 in the search box, and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
SUMMARY:
If
you have questions about this rule, call
or email First Class Marine Science
Technician Christopher Morgan, Sector
Houston-Galveston Waterways
Management Division, U.S. Coast
Guard; telephone 713–398–5823, email
houstonwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
2. Section 117.261 is amended by
revising paragraph (p).
■
*
Dated: October 18, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander,
Coast Guard Seventh District.
I. Table of Abbreviations
COTP Captain of the Port
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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85053
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule under authority in 5
U.S.C. 553(b)(B). This statutory
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.’’ 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. Prompt action is needed
to respond to potential safety hazards
associated with the transfer of this
equipment. It is impracticable to
publish an NPRM because we must
establish these safety zones by October
29, 2024.
Also, under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists
for making this rule effective less than
30 days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because prompt action is needed to
respond to the potential safety hazards
associated with the transfer of gantry
cranes scheduled to begin on October
29, 2024.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector HoustonGalveston (COTP) has determined that
potential hazards associated with the
transfer of gantry cranes starting October
29, 2024, will be a safety concern for
anyone within a 100-yard radius of the
M/V PIETERSGRACHT while in transit
and within a 25-yard radius of the M/
V PIETERSGRACHT while moored. This
rule is needed to protect persons,
property, and the marine environment
within the navigable waters of the safety
zones while the M/V PIETERSGRACHT
transits to and unloads gantry cranes in
Morgan’s Point, Texas.
IV. Discussion of the Rule
This rule establishes two temporary
safety zones from 1 a.m. on October 29,
2024, through 5 p.m. on November 15,
2024. The temporary safety zones
include a moving safety zone, covering
all navigable waters within a 100-yard
radius of the M/V PIETERSGRACHT, a
general cargo ship, while underway and
a fixed safety zone covering all
navigable waters within a 25-yard
radius of the M/V PIETERSGRACHT
while moored. The duration of these
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Agencies
[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Rules and Regulations]
[Pages 85051-85053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24711]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-USCG-2023-0652]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Jupiter, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
-----------------------------------------------------------------------
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, FL. The bridge
is currently operating under a temporary final rule (TFR) allowing the
drawbridge to remain closed to navigation during designated times daily
including weekends, to alleviate vehicle traffic congestion caused by
the replacement of an adjacent bridge. Based on observed roadway
traffic, it has been determined that bridge closures on the weekend and
Federal holidays is not necessary.
DATES: This temporary interim rule is effective from October 25, 2024
through 11:59 p.m. on August 31, 2025.
Comments and related material must reach the Coast Guard on or
before November 25, 2024.
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 interim rule, call or email Mr. Leonard Newsom, Seventh
District Bridge Branch, Coast Guard; telephone (571) 613-1816, 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
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
FL Florida
AICW Atlantic Intracoastal Waterway
FDOT Florida Department of Transportation
TFR Temporary Final Rule
TIR Temporary Interim Rule
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary interim 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
contrary to the public interest to delay the issuance of the rule and
the beneficial impacts it provides to the local community and users of
the waterway. The bridge is currently allowed to remain closed to
navigation, daily, during designated times to assist with vehicle
congestion. FDOT has determined the bridge need not remain closed to
navigation during the designated times on weekends and Federal holidays
until the TFR expires on August 31, 2025.
On February 2, 2024, the Coast Guard published a TFR entitled
``Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, at
Jupiter, FL'' in the Federal Register (89 FR 7287) which allowed the
bridge owner, FDOT to deviate from the current operating schedule in 33
CFR 117.261(q) to alleviate vehicle traffic congestion on the
Indiantown Road Bridge caused by the replacement of an adjacent bridge.
The Coast Guard is soliciting comments on this rulemaking during
the first 30 days of this rule going into effect. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective upon publication in the Federal
Register. For reasons presented above, delaying the effective date of
this rule would be impracticable and contrary to the public interest
due to the fact that an increase in marine traffic is noticed on
weekends and Federal holidays when vehicle congestion is not
significant. Allowing the drawbridge to remain closed during designated
times for vehicle congestion is not necessary for weekends and Federal
holidays.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim rule under
authority in 33 U.S.C. 499. The Indiantown Road Bridge across the AICW,
mile 1006.2, at Jupiter, FL is a double-leaf bascule bridge with 35
feet of vertical clearance in the closed position. The Indiantown Road
Bridge normally operates under Sec. 117.261(q); however, paragraph (q)
has been stayed and a temporary paragraph (p) was issued to alleviate
vehicle traffic congestion on the Indiantown Road Bridge caused by the
replacement of an adjacent bridge.
The bridge is currently allowed to remain closed to navigation
during designated times daily until 11:59 p.m. on August 31, 2025. On
June 25, 2024, the Coast Guard was notified by the bridge owner,
Florida Department of Transportation (FDOT), that the modified schedule
was not required on weekends and Federal holidays as vehicle congestion
is not significant. FDOT has requested the Coast Guard
[[Page 85052]]
remove the weekend and Federal holiday restrictions.
IV. Discussion of the Temporary Interim Rule
The Coast Guard is issuing this rule, which permits a temporary
deviation from the temporary final rule that governs the Indiantown
Road Bridge across the AICW, mile 1006.2, at Jupiter, FL. This rule
allows the bridge to open on the hour and half hour on weekends and
Federal holiday through August 31, 2025. This temporary interim rule is
necessary to meet the reasonable needs of navigation until construction
of an adjacent bridge is completed. 33 CFR 117.261(q) will remain
stayed until 11:59 p.m. on August 31, 2025, and the current temporary
paragraph (p) will be revised to reflect the new temporary operating
schedule.
V. Regulatory Analyses
We developed this temporary interim 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, as amended by
Executive Order 14094 (Modernizing Regulatory Review). 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 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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal Decision-
Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2023-0652 in the search box and click
``Search.'' Next, look for this document in the Search Results column,
and click on it. Then click on the Comment option. If your material
cannot be submitted using https://www.regulations.gov, contact the
person in the FOR FURTHER INFORMATION
[[Page 85053]]
CONTACT section of this document for alternate instructions.
To view documents mentioned in this rule as being available in the
docket, find the docket as described in the previous paragraph, and
then select ``Supporting & Related Material'' in the Document Type
column. Public comments will also be placed in our online docket and
can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. We review all
comments received, but we will only post comments that address the
topic of the rule. We may choose not to post off-topic, inappropriate,
or duplicate comments that we receive. Additionally, if you click on
the'' Dockets'' tab and then the rule, you should see a ``Subscribe''
option for email alerts. Selecting this option will enable
notifications when comments are posted, or if/when a final rule is
published.
We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
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
0
2. Section 117.261 is amended by revising paragraph (p).
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 from
7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday through Friday except
Federal holidays until 11:59 p.m. on August 31, 2025.
* * * * *
Dated: October 18, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2024-24711 Filed 10-24-24; 8:45 am]
BILLING CODE 9110-04-P