7620 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Rules and Regulations 

The Regulatory Amendment 

For the reasons discussed in the 

preamble, TTB amends title 27, chapter 

I, part 9, Code of Federal Regulations, as 

follows: 

PART 9—AMERICAN VITICULTURAL 

AREAS 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 27 U.S.C. 205. 

Subpart C—Approved American 

Viticultural Areas 

■ 2. Section 9.169 is amended by: 

■ a. Redesignating paragraphs (c)(15) 

through (22) as paragraphs (c)(31) 

through (38); 

■ b. Revising paragraph (c)(14); and 

■ c. Adding new paragraphs (c)(15) 

through (30). 

The additions and revision read as 

follows: 

§ 9.169 Red Hills Lake County. 

* * * * * 

(c) * * * 

(14) Proceed about 0.4 mile 

northwesterly along Harrington Flat 

Road to its intersection with Bottle Rock 

Road in section 18, T21N, R8W; then 

(15) Proceed southerly along Bottle 

Rock Road approximately 2,500 feet to 

its intersection with an unnamed, 

unimproved dirt road near the marked 

2,928-foot elevation; then 

(16) Proceed west along the 

unimproved dirt road to its intersection 

with the 2,800-foot elevation contour; 

then 

(17) Proceed northwesterly, then 

northerly along the meandering 2,800- 

foot elevation contour to its intersection 

with the northern boundary of section 

18, T12N, R8W; then 

(18) Proceed easterly along the 

northern boundary of section 18 to its 

intersection with Bottle Rock Road; then 

(19) Proceed north along Bottle Rock 

Road to its intersection with an 

unnamed trail in section 7, T12N, R8W; 

then 

(20) Proceed west in a straight line to 

the western boundary of section 7, 

T12N, R8W; then 

(21) Proceed north along the western 

boundary of section 7 to the 

southeastern corner of section 1, T12N, 

R9W; then 

(22) Proceed west along the southern 

boundary of section 1 to its intersection 

with the 2,600-foot elevation contour; 

then 

(23) Proceed north in a straight line to 

the intersection with an unnamed, 

unimproved dirt road known locally as 

Helen Road; then 

(24) Proceed west in a straight line to 

the fourth intersection with the 2,560- 

foot elevation contour in section 1, 

T12N, R9W; then 

(25) Proceed south in a straight line to 

the southern boundary of section 1; then 

(26) Proceed west along the southern 

boundary of section 1 to its intersection 

with the western boundary of section 1; 

then 

(27) Proceed north along the western 

boundary of section 1 to its intersection 

with the northern boundary of section 1; 

then 

(28) Proceed east along the northern 

boundary of section 1 to its intersection 

with the 2,000-foot elevation contour; 

then 

(29) Proceed southeasterly along the 

2,000-foot elevation contour to its 

intersection with Bottle Rock Road; then 

(30) Proceed northwesterly along 

Bottle Rock Road to its intersection with 

Cole Creek Road to the west and an 

unnamed, unimproved road to the east 

in section 25, T13N, R9W; then 

* * * * * 

Signed: January 22, 2024. 

Mary G. Ryan, 

Administrator. 

Approved: January 23, 2024. 

Thomas C. West, Jr., 

Deputy Assistant Secretary (Tax Policy). 

[FR Doc. 2024–01877 Filed 2–2–24; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2023–0658] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Okeechobee Waterway, Stuart, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is modifying 

the operating schedule that governs the 

Roosevelt (US1) Bridge, across the 

Okeechobee Waterway, mile 7.5, at 

Stuart, FL. This action is necessary to 

allow the drawbridge to operate on 

demand, as outlined in the Record of 

Decision for the high-level fixed US1 

Roosevelt Bridge which was constructed 

in 1997. Additionally, with the increase 

in railway activity on the adjacent 

railroad bridge, this modification will 

allow the drawbridges to operate in 

concert. The drawbridge name in the 

existing regulation is incorrect and will 

be changed in this Final Rule. 

DATES: This rule is effective March 6, 

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–2023–0658) 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 Ms. Jennifer Zercher, Bridge 

Management Specialist, Seventh Coast 

Guard District; telephone 305–415– 

6740, email Jennifer.N.Zercher@

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 

FDOT Florida Department of 

Transportation 

II. Background Information and 

Regulatory History 

The drawbridge name in the 

regulation, Roosevelt (US1) Bridge, is 

incorrect and will be permanently 

changed in the CFR and referred to for 

the remainder of the Final Rule as SR 

707 (Dixie Highway) Bridge. 

The SR 707 (Dixie Highway) Bridge 

was included in previously published 

notices and a general deviation with a 

request for comments in the Federal 

Register, under docket number USCG– 

2022–0222. These actions were taken to 

gather comments on waterway usage 

and the operation of the Florida East 

Coast Railroad Bridge and the SR 707 

(Dixie Highway) Bridge at Stuart, FL. 

On May 3, 2022, under docket USCG– 

2022–0222, the Coast Guard published a 

Notification of Inquiry entitled, 

‘‘Drawbridge Operation Regulation; 

Okeechobee Waterway, Stuart, FL’’ in 

the Federal Register (87 FR 26145). On 

June 10, 2022, a Supplemental 

Notification of Inquiry entitled, 

‘‘Drawbridge Operation Regulation; 

Okeechobee Waterway, Stuart, FL’’ was 

published in the Federal Register (87 

FR 35472). We received a total 2,358 

comments on those publications and 

those comments pertaining to SR 707 

(Dixie Highway) Bridge were addressed 

in the NPRM. On June 8, 2023, under 

docket USCG–2022–0222, the Coast 

Guard published a Temporary Deviation 

entitled, ‘‘Drawbridge Operation 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Rules and Regulations 7621 

Regulation; Okeechobee Waterway, 

Stuart, FL’’ in the Federal Register (88 

FR 37470). During the test period, 342 

comments were received and those 

comments pertaining to SR 707 (Dixie 

Highway) Bridge were addressed in the 

NPRM. 

On October 27, 2023, under docket 

USCG–2023–0658, the Coast Guard 

published a Notice of Proposed 

Rulemaking entitled Drawbridge 

Operation Regulation; Okeechobee 

Waterway, Stuart, FL’’ in the Federal 

Register (88 FR 73808). There, the Coast 

Guard stated why it issued the NPRM 

and invited comments on the proposed 

regulatory action related to this 

regulatory change. During the comment 

period that ended November 27, 2023, 

we received zero comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. The SR 

707 (Dixie Highway) Bridge, across the 

OWW, mile 7.5, at Stuart, Florida, is a 

double-leaf bascule bridge with a 14- 

foot vertical clearance at mean high 

water in the closed position. The normal 

operating schedule for the bridge is set 

forth in 33 CFR 117.317(d). Navigation 

on the waterway is commercial and 

recreational. 

The drawbridge was required to 

operate on demand as outlined in the 

Record of Decision for the high-level 

fixed US1 Roosevelt Bridge which was 

constructed in 1997. The drawbridge 

was operating on demand until June 

2020 when emergency repairs to the 

US1 Roosevelt Bridge necessitated the 

drawbridge operate on scheduled 

openings. It was then discovered the 

drawbridge operating regulation was not 

removed from the CFR in 1997 as 

required. After emergency repairs were 

completed on the US1 Roosevelt Bridge, 

the bridge owner, FDOT, continued to 

operate the drawbridge per 33 CFR 

117.317(d). Given the previous 

requirement to operate on demand, the 

increase in railway activity on the 

adjacent railroad bridge, and the unique 

operation of the railroad bridge, the 

Coast Guard is modifying the operating 

regulation to allow the drawbridges to 

operate in concert. 

IV. Discussion of Comments, Changes 

and the Final Rule 

The Coast Guard provided a comment 

period of 30 days, and no comments 

were received. The current regulation 

provides for the drawbridge to remain 

closed to navigation during specified 

times and to operate on scheduled 

openings at other times. This final rule 

allows for the drawbridge to operate on 

demand and in concert with adjacent 

railroad drawbridge. Vessels that can 

pass beneath the drawbridge 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 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 ability that vessels can 

transit the drawbridge on demand and 

vessels able to pass without an opening 

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 

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, 


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7622 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Rules and Regulations 

1 83 FR 26222 (June 6, 2018). 

2Sierra Club v. EPA, 21 F.4th 815 (D.C. Cir. 2021) 

and 86 FR 37918 (July 19, 2021). 

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 Department of Homeland Security 

Delegation No. 00170.1. Revision No. 01.3. 

■ 2. Amend § 117.317 by revising 

paragraph (d) to read as follows: 

§ 117.317 Okeechobee Waterway 

* * * * * 

(d) The SR 707 (Dixie Highway) 

Bridge, mile 7.5 at Stuart, shall open on 

signal; except when the adjacent 

railroad bridge is in the closed position, 

the draw need not open. The draw must 

open immediately upon opening of the 

railroad bridge to pass all accumulated 

vessels requesting an opening. 

* * * * * 

Dated: January 31, 2024. 

Douglas M. Schofield, 

Rear Admiral, U.S. Coast Guard, Commander, 

Coast Guard Seventh District. 

[FR Doc. 2024–02187 Filed 2–2–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0422; FRL–11353– 

02–R9] 

Air Plan Revisions; California; Butte 

County Air Quality Management 

District; Nonattainment New Source 

Review Requirements for the 2015 8- 

Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Butte County 

Air Quality Management District 

(‘‘District’’) portion of the California 

State Implementation Plan (SIP). These 

revisions address the nonattainment 

new source review (NNSR) 

requirements for the 2015 ozone 

national ambient air quality standards 

(NAAQS or ‘‘standard’’). We are 

approving the SIP revisions pursuant to 

the Clean Air Act (CAA or ‘‘Act’’) and 

its implementing regulations. 

DATES: This rule is effective March 6, 

2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2023–0422. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

a disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Shaheerah Kelly, EPA Region IX, 75 

Hawthorne Street, San Francisco, CA 

94105. By phone: (415) 947–4156 or by 

email at kelly.shaheerah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On October 17, 2023 (88 FR 71518), 

the EPA proposed to approve the rule 

listed in Table 1 into the California SIP. 

The amended rule was submitted by the 

California Air Resources Board (CARB), 

the agency that serves as the governor’s 

designee for California SIP submittals. 

TABLE 1—SUBMITTED RULE

Rule Title Amendment 

date 

Submittal 

date 

Cover letter 

date 

Rule 432 ........................................... Federal New Source Review (FNSR) ........................... 4/22/2021 8/3/2021 8/3/2021 

The District’s SIP-approved 

nonattainment New Source Review 

(NNSR) program, established in Rule 

432, ‘‘Federal New Source Review 

(FNSR)’’ (amended March 23, 2017) 

(‘‘Rule 432’’), applies to the construction 

and modification of stationary sources, 

including major stationary sources in 

nonattainment areas under its 

jurisdiction.1 The District submitted the 

August 3, 2021 SIP revision primarily to 

demonstrate that Rule 432 complies 

with the 2015 ozone NAAQS NNSR SIP 

requirements in 40 CFR 51.165. The 

only revision to Rule 432 from the SIPapproved NNSR program was the 

removal of provisions related to 

interpollutant trading due to a recent 

court decision that vacated the 

interpollutant trading program.2

We proposed to approve this rule 

because we determined that it complies 

with the relevant CAA requirements 

applicable to the Butte County 


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