[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.

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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, 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 
<a href="/cdn-cgi/l/email-protection#5c103933323d2e3872187212392b2f33311c292f3f3b72313530"><span class="__cf_email__" data-cfemail="d29eb7bdbcb3a0b6fc96fc9cb7a5a1bdbf92a7a1b1b5fcbfbbbe">[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
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


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