Proposed Rule2024-25660
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway; West Palm Beach, FL
Primary source
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Published
November 6, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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 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.
Full Text
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<title>Federal Register, Volume 89 Issue 215 (Wednesday, November 6, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <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. 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 <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-2023-0601 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 <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.
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
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 <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.
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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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.