[Federal Register Volume 89, Number 215 (Wednesday, November 6, 2024)]
[Proposed Rules]
[Pages 87990-87993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25660]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0601]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway; 
West Palm Beach, FL

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Flagler Memorial (SR A1A) Bridge, mile 1021.8, the Royal 
Park (SR 704) Bridge, mile 1022.6, and the

[[Page 87991]]

Southern Boulevard (SR 700/80) Bridge, mile 1024.7, across Atlantic 
Intracoastal Waterway (AICW), at West Palm Beach, FL. Palm Beach County 
and the communities surrounding the bridges have requested the Coast 
Guard consider placing additional weekday restrictions during peak 
traffic hours to assist with alleviating vehicle congestion. This 
proposed modification will allow the drawbridges to operate in concert 
and determine whether a permanent change to the schedules is needed. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before December 6, 2024.

ADDRESSES:  You may submit comments identified by docket number USCG-
2023-0601 using Federal Decision Making Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in 
this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
supplemental proposed rule, call or email Ms. Jennifer Zercher, Bridge 
Management Specialist, Seventh Coast Guard District; telephone (571) 
607-5951, email <a href="/cdn-cgi/l/email-protection#2268474c4c4b4447500c6c0c784750414a475062575141450c4f4b4e"><span class="__cf_email__" data-cfemail="8bc1eee5e5e2edeef9a5c5a5d1eef9e8e3eef9cbfef8e8eca5e6e2e7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental Notice of Proposed Rulemaking
ANPRM Advance Notice of Proposed Rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
TD Temporary Deviation
AICW Atlantic Intracoastal Waterway
FDOT Florida Department of Transportation

II. Background, Purpose and Legal Basis

    On July 31, 2023, the Coast Guard published a temporary deviation 
entitled ``Drawbridge Operation Regulation; Atlantic Intracoastal 
Waterway, West Palm Beach, FL'' in the Federal Register (88 FR 49287). 
The comment period ended September 29, 2023, with 529 comments 
received. Those comments were addressed in the NPRM.
    On May 20, 2024, we published a NPRM entitled ``Drawbridge 
Operation Regulation; Atlantic Intracoastal Waterway, West Palm Beach, 
FL'' in the Federal Register (89 FR 43797). The comment period ended 
June 20, 2024, with 1,153 comments received. Those comments will be 
addressed in section III.
    The Flagler Memorial (SR A1A) Bridge, across the AICW, mile 1021.8, 
at West Palm Beach, FL is a double-leaf bascule bridge with a 24-foot 
vertical clearance at mean high water in the closed position. The 
normal operating schedule is set forth in 33 CFR 117.261(u). The Royal 
Park (SR 704) Bridge, across the AICW, mile 1022.6, at West Palm Beach, 
FL is a double-leaf bascule bridge with a 21-foot vertical clearance at 
mean high water in the closed position. The normal operating schedule 
is set forth in 33 CFR 117.261(v). The Southern Boulevard (SR 700/80) 
Bridge, across the AICW, mile 1024.7, at West Palm Beach, FL is a 
double-leaf bascule bridge with a 25-foot vertical clearance at mean 
high water in the closed position. The normal operating schedule is set 
forth in 33 CFR 117.261(w).
    Palm Beach County and the communities surrounding the bridges have 
requested the Coast Guard consider placing additional weekday 
restrictions during peak traffic hours to assist with alleviating 
vehicle congestion. Vehicle traffic across these bridges is exceeding 
the roadway capacity during certain times of the day. The Coast Guard 
is proposing to limit drawbridge openings during high vehicle traffic 
times to assist with vehicle congestion while requesting state and 
local agencies consider alternate mitigation measures to improve 
traffic flow and roadway congestion. The drawbridges will open twice an 
hour at all other times or as outlined in each drawbridge operating 
regulation.

III. Discussion of Comments and Change

    Many of the comments received from the NPRM were similar to 
comments received during the temporary deviation. A total of 811 
comments supported the proposed changes and included generic comments, 
such as ``I support'' or ``I support this initiative.'' The second 
highest group included 150 commentors who proposed alternate operating 
schedules. Those proposed alternate schedules included not opening 
during rush hour, only open once an hour always and changing the 
morning and afternoon rush hour times to various other intervals. The 
designated times included in the rule proposal to allow the drawbridge 
to open on the hour during rush hour was previously determined by local 
authorities. The Coast Guard feels that a modification to those time 
periods is not necessary because the blocks of time presented have been 
determined to be the best use of hourly openings. To allow the 
drawbridge to remain closed to navigation during the designated times 
or to only open once an hour always would result in an unreasonable 
obstruction to navigation on this waterway. The AICW is a Federal 
Project Waterway extending over 1,500 miles from Boston to Florida Bay. 
It is the main waterway artery for all recreational and commercial 
traffic that are unable to safely transit offshore. The Coast Guard has 
the responsibility to ensure reasonable access to this waterway is 
maintained. Allowing the bridges to remain closed to navigation or open 
only once an hour always would be contrary to our responsibility. We 
received 137 comments that were either outside the scope of the NPRM 
and/or did not provide an opinion on the proposed rule. Instead, the 
comments discussed adjacent drawbridges and school zones in the area. A 
total of 23 comments were against the proposed changes. Most felt that 
no change was needed as marine traffic was already placed on scheduled 
openings. The Coast Guard recognizes that vehicle traffic in the area 
appears to exceed roadway capacity, causing vehicle congestion. Placing 
additional weekday restrictions during peak traffic hours should assist 
with alleviating vehicle congestion. Other commentors stated that 
further limiting openings for marine traffic would cause longer delays 
when the bridge opened. Their concern was that more vessels would be 
waiting which in turn would increase the overall opening time. This 
action can be an unintended consequence of placing drawbridges on 
scheduled openings. The last concern was the proposed change would have 
an impact on charter and catamaran businesses in the area. The Coast 
Guard feels that the limited time the bridge will open once an hour 
will meet the reasonable needs of navigation. Lastly, 32 comments were 
duplicates and not considered actionable.
    It was discovered the Royal Park (SR 704) Bridge proposed schedule 
change conflicted with the operating schedule when the Mar-a-Lago 
Security Zone was being enforced. An explanation of the change is 
provided in the below section.

[[Page 87992]]

IV. Discussion of Proposed Rule

    In the NPRM we proposed to modify the drawbridge operating 
schedules for the three bridges to allow once an hour openings Monday 
through Friday, from 7:30 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. 
However, the proposed change for the Royal Park (SR 704) Bridge shifted 
the hourly opening from the half hour to the three-quarter hour. This 
shift did not take into consideration the alternate operating schedule 
authorized for the bridge when the Mar-a-Lago Security Zone is being 
enforced. We are proposing the Royal Park (SR 704) Bridge be placed 
back on the half hour opening schedule with no changes to the proposed 
operating schedules for the Flagler Memorial (SR A1A) and Southern 
Boulevard (SR 80) Bridges. Additionally, the operating schedules for 
Flagler Memorial (SR A1A) and Royal Park (SR 704) Bridges during the 
enforcement of the Mar-a-Lago Security Zone has been updated to show 
the proposed rule change.

V. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on 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). Accordingly, the NPRM has not been reviewed by the 
Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge during the designated times 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed 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 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 proposed rule promulgates the operating 
regulations or procedures for drawbridges. Normally such actions are 
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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed 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.
    Submitting comments. We encourage you to submit comments through 
the

[[Page 87993]]

Federal Decision Making Portal at https://www.regulations.gov. To do 
so, go to https://www.regulations.gov, type USCG-2023-0601 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 
CONTACT section of this document for alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed 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. Also, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published of any posting or updates to the docket.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    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 proposes 
to amend 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; DHS Delegation No. 
0170.1. Revision No. 01.3.

0
2. Amend Sec.  117.261 by revising paragraph (u), (v), and (w)(1) to 
read as follows:


Sec.  117.261   Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

* * * * *
    (u) Flagler Memorial (SR A1A) Bridge, mile 1021.8, at West Palm 
Beach. (1) The draw will open on the quarter and three-quarter hour, 
except Monday through Friday (except Federal holidays) from 7:30 a.m. 
to 9 a.m. and from 4 p.m. to 6 p.m., the draw need only open on the 
quarter hour.
    (2) When the security zone is enforced, the draw shall operate as 
follows:
    (i) Monday through Friday (except on Federal holidays).
    (A) 7:30 a.m. to 9 a.m., the draw need only open on the quarter 
hour.
    (B) 9 a.m. to 2:15 p.m., the draw need only open on the quarter and 
three-quarter hour.
    (C) 2:15 p.m. to 6 p.m., the draw need only open on the quarter 
hour.
    (D) 6 p.m. to 7:30 a.m., the draw need only open on the quarter and 
three-quarter hour.
    (ii) Saturday, Sunday, and Federal holidays the draw shall open on 
the quarter and three-quarter hour.
    (v) Royal Park (SR 704) Bridge, mile 1022.6, at West Palm Beach. 
(1) The draw will open on the hour and half hour, except Monday through 
Friday (except Federal holidays) from 7:30 a.m. to 9 a.m. and from 4 
p.m. to 6 p.m., the draw need only open on the half hour.
    (2) When the security zone is enforced, the draw shall operate as 
follows:
    (i) Monday through Friday (except on Federal holidays).
    (A) 7:30 a.m. to 9 a.m., the draw need only open on the half-hour.
    (B) 9 a.m. to 2:15 p.m., the draw need only open on the hour and 
half-hour.
    (C) 2:15 p.m. to 6 p.m., the draw need only open on the half-hour.
    (D) 6 p.m. to 7:30 a.m., the draw need only open on the hour and 
half-hour.
    (ii) Saturday, Sunday, and Federal holidays the draw shall open on 
the hour and half-hour.
    (w) Southern Boulevard (SR 80) Bridge, mile 1024.7, at West Palm 
Beach. (1) The draw will open on the quarter and three-quarter hour, 
except Monday through Friday (except Federal holidays) from 7:30 a.m. 
to 9 a.m. and from 4 p.m. to 6 p.m., the draw need only open on the 
quarter hour.
* * * * *

    Dated: October 30, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard Commander, Coast Guard Seventh District.
[FR Doc. 2024-25660 Filed 11-5-24; 8:45 am]
BILLING CODE 9110-04-P


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