[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]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#7438111b1a1506105a305a3a1103071b1934010717135a191d18"><span class="__cf_email__" data-cfemail="c28ea7adaca3b0a6ec86ec8ca7b5b1adaf82b7b1a1a5ecafabae">[email protected]</span></a>.

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


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