Rule2024-24711
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Jupiter, FL
Primary source
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Published
October 25, 2024
Effective
October 25, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 207 (Friday, October 25, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <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
[[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <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 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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</html>Indexed from Federal Register on October 25, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.