[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Proposed Rules]
[Pages 43797-43799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10980]


=======================================================================
-----------------------------------------------------------------------

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: Notice of proposed rulemaking.

-----------------------------------------------------------------------

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 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 June 20, 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 proposed 
rule, call or email Ms. Jennifer Zercher, Bridge Management Specialist, 
Seventh Coast Guard District; telephone (571) 607-5951, email 
[email protected].

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
TD Temporary Deviation
AICW Atlantic Intracoastal Waterway

II. Background, Purpose and Legal Basis

    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).
    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). 
That temporary deviation, effective from 12:01 a.m. on August 1, 2023, 
through 11:59 p.m. on January 22, 2024, allows Flagler Memorial Bridge 
to operate a restricted opening schedule during peak traffic hours in 
the morning and evening. The comment period ended September 29, 2023, 
with 529 comments received.
    Most of the comments received during the temporary deviation 
request for comments for the Flagler Memorial Bridge were in favor of 
the temporary deviation. A total of 380 comments supported the 
deviation and included generic comments, such as ``I support'' or ``I 
support this initiative.'' The second highest group included 64 
comments that were either outside the scope of temporary deviation or 
did not provide an opinion. Instead, comments were given on the 
adjacent drawbridges and school zones in the area. These comments were 
not considered actionable as they were not associated to the temporary 
deviation. Next, 63 commentors proposed alternate operating schedules. 
Those proposed alternate schedules included not opening during rush 
hour, or only open once an hour and at various morning and afternoon 
rush hour times. 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 would result 
in an unreasonable obstruction to navigation on this waterway. The AICW 
is a Federal Project Waterway extending over 1500 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 Flagler Memorial Bridge to remain 
closed to navigation of would be contrary to our responsibility. 
Finally, 10 comments were received which were against the proposed 
change. The main concern is that the bridge openings will be longer in 
duration during the hourly openings. An effect of limiting drawbridge 
openings is the possibility of longer openings to allow all vessels to 
safely pass. This may or may not occur. However, vehicles have 
alternate routes across the waterway that they may use if the bridge is 
open to navigation. The only alternate route available to vessels is 
open ocean, which may not be safe or reasonable to navigation. Another 
concern is that more vessels will be waiting for an opening which may 
cause conditions that are hazardous to navigation. Mariners must 
constantly maneuver and move to maintain control of their vessels, 
whereas vehicles are stationary while waiting for drawbridges. There 
are areas on either side of the bridge for

[[Page 43798]]

mariners to maintain control of their vessels during the bridge 
openings. The Coast Guard understands this concern and we feel this is 
the reason for not allowing the bridge to remain closed to navigation 
but allow for hourly openings at the designated times and then twice an 
hour all other times There were also 12 comments that were duplicate 
and not considered actionable.

III. Discussion of Proposed Rule

    Under this proposed rule, the Flagler Memorial (SR A1A), the Royal 
Park (SR 704), and the Southern Boulevard (SR 700/80) Bridges will open 
hourly during pre-designated times. 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. 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). 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 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

[[Page 43799]]

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 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.
    Personal information. 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 paragraphs (u)(1), (v)(1), 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 that Monday through Friday (except Federal holidays) from 7:30 
a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m., the draw need only 
open on the 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 that 
Monday through Friday (except Federal holidays) from 7:29 a.m. to 9:01 
a.m. and from 4:01 p.m. to 6:01 p.m., the draw need only open on the 
three-quarter 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 that Monday through Friday (except Federal holidays) from 7:30 
a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m., the draw need only 
open on the quarter hour.
* * * * *

     Dated: May 14, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh 
District.
[FR Doc. 2024-10980 Filed 5-17-24; 8:45 am]
BILLING CODE 9110-04-P