Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Rules and Regulations 7287 

§ 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 

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 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 

(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 

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 


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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. 

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 

■ 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 

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 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: 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. 

DATES: 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. 

SUPPLEMENTARY INFORMATION: 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, 


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