Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations 85051 

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 

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 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 

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 


ddrumheller on DSK120RN23PROD with RULES1
85052 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. 

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 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


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Federal Register / Vol. 89, No. 207 / Friday, October 25, 2024 / Rules and Regulations 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 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 

■ 2. Section 117.261 is amended by 

revising paragraph (p). 

§ 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 

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 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: 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.’’ 

FOR FURTHER INFORMATION CONTACT: 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: 

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 

§ 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 


ddrumheller on DSK120RN23PROD with RULES1