[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49287-49288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16152]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0601]


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

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SUMMARY: The Coast Guard is issuing a temporary deviation from the 
operating schedule that governs the Flagler Memorial Bridge, across 
Atlantic Intracoastal Waterway (AICW), mile 1021.8, at West Palm Beach, 
Florida. Palm Beach County and the communities surrounding the bridge 
have requested the Coast Guard consider placing additional weekday 
restrictions during peak traffic hours to assist with alleviating 
vehicle congestion. This deviation will test a change to the drawbridge 
operation schedule to determine whether a permanent change to the 
schedule is needed. The Coast Guard is seeking comments from the public 
regarding this deviation.

DATES: This deviation is effective from 12:01 a.m. on August 1, 2023, 
through 11:59 p.m. on January 22, 2024.
    Comments and related material must reach the Coast Guard on or 
before September 29, 2023.

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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this test 
deviation, call or email If you have questions on this test deviation, 
call or email Ms. Jennifer Zercher, Bridge Management Specialist, 
Seventh Coast Guard District; telephone 305-415-6740, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis

    The Flagler Memorial Bridge, across Atlantic Intracoastal Waterway 
(AICW), mile 1021.8, at West Palm Beach, Florida 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).
    Palm Beach County and communities surrounding the bridge requested 
the Coast Guard consider allowing the drawbridge to remain closed to 
navigation during morning and evening peak traffic hours. The Coast 
Guard has determined that allowing extended daily closures along this 
portion of the AICW will not meet the reasonable needs of navigation. 
However, to assist Palm Beach County and communities surrounding the 
bridge with alleviating vehicle traffic in the area, the Coast Guard is 
issuing the following temporary deviation to test an alternate 
drawbridge operating schedule.
    Under this temporary deviation, the Flagler Memorial Bridge will 
open on the quarter and three-quarter hour, except that Monday through 
Friday (except Federal holidays) from 7:30 to 9 a.m. and from 4 to 6 
p.m., the draw need only open on the quarter hour.
    The Coast Guard will also inform the users of the waterways through 
our Local and Broadcast Notices to Mariners of the change in operating 
schedule for the bridge so that vessel operators can arrange their 
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the effective 
period of this temporary deviation. This deviation from the operating 
regulations is authorized under 33 CFR 117.35.

II. Public Participation and Request for Comments

    We view public participation as essential and will consider all 
comments and material received during the comment period. Your comment 
can help shape the outcome of this

[[Page 49288]]

temporary deviation. If you submit a comment, please include the docket 
number for this temporary deviation, 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 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.
    View material in the docket. To view documents mentioned in this 
deviation 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, future actions or 
updates are posted to the docket.
    We review all comments received, but we will only post comments 
that address the topic of this deviation. 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).

    Dated: July 26, 2023.
Randall D. Overton,
Director, Bridge Administration, Seventh Coast Guard District.
[FR Doc. 2023-16152 Filed 7-28-23; 8:45 am]
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