Proposed Rule2023-23259
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, at Jupiter, FL
Primary source
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Published
October 20, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to temporarily modify 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 and closure of a nearby bridge. Once construction of the nearby bridge has been completed, the Indiantown Road Drawbridge will return to normally scheduled operations. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 88 Issue 202 (Friday, October 20, 2023)</title>
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[Federal Register Volume 88, Number 202 (Friday, October 20, 2023)]
[Proposed Rules]
[Pages 72415-72417]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23259]
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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,
at Jupiter, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily modify 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 and closure of a
nearby bridge. Once construction of the nearby bridge has been
completed, the Indiantown Road Drawbridge will return to normally
scheduled operations. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before November 20, 2023.
The Coast Guard anticipates that this proposed rule will be
effective from 12:01 a.m. on December 30, 2023, through 11:59 p.m. on
August 31, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0652 using Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
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#88c4ede7e6e9faeca6cca6c6edfffbe7e5c8fdfbebefa6e5e1e4"><span class="__cf_email__" data-cfemail="024e676d6c6370662c462c4c6775716d6f42777161652c6f6b6e">[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, Purpose and Legal Basis
Indiantown Road Bridge across the Atlantic Intracoastal Waterway
(AICW), mile 1006.2, at Jupiter, Florida, is a double-leaf bascule
bridge with 35 feet of vertical clearance in the closed position. The
normal operating schedule for the bridge is set forth in 33 CFR
117.261(q). Navigation on the waterway consists of recreational and
commercial mariners.
The bridge owner, Florida Department of Transportation (FDOT),
requested the Coast Guard consider allowing this change during the
replacement and closure of a nearby bridge. The closing of the nearby
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 proposed temporary rule
will reduce the number of drawbridge openings which will subsequently
allow local vehicle traffic to flow with reduced obstructions and
delays.
III. Discussion of Proposed Rule
The proposed temporary rule will allow the drawbridge to remain
closed to navigation during weekday vehicle commuting hours. Under this
proposed temporary rule, the drawbridge would remain closed to vessel
traffic daily
[[Page 72416]]
from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. At all other times the
bridge would open on the hour and half hour. Vessels that can pass
beneath the bridge without an opening may do so at any time.
IV. 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). This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the fact that
vessels can still transit the bridge at designated times throughout the
day, and vessels that can transit under the bridge without an opening
may do so at any time. This proposed temporary rule will further meet
the reasonable needs of navigation while taking into consideration the
reasonable needs of vehicular traffic.
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 IV.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 proposed 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 Governments
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 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 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.
V. 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 Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
[[Page 72417]]
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
temporary 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.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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.
00170.1. Revision No. 01.3.
0
2. Stay Sec. 117.261(q) from 12:01 a.m. on December 30, 2023, through
11:59 p.m. on August 31, 2025.
0
3. Add temporary Sec. 117.261(p) from 12:01 a.m. on December 30, 2023,
through 11:59 p.m. on August 31, 2025, to read 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 a.m. to 9 a.m. and 4 p.m. to 6 p.m.
* * * * *
Dated: October 13, 2023.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2023-23259 Filed 10-19-23; 8:45 am]
BILLING CODE 9110-04-P
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