[Federal Register Volume 90, Number 78 (Thursday, April 24, 2025)]
[Rules and Regulations]
[Pages 17226-17229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07058]
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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: Final rule.
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SUMMARY: The Coast Guard is modifying 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. This modification will allow the drawbridges to
operate in concert while assisting local communities with vehicle
congestion during peak weekday traffic hours.
DATES: This rule is effective March 31, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2023-0601) 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 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
SNPRM Supplemental Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
SR State Route
[[Page 17227]]
TD Temporary Deviation
AICW Atlantic Intracoastal Waterway
FDOT Florida Department of Transportation
II. Background Information and Regulatory History
On July 31, 2023, the Coast Guard published a notice of 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 address in the notice of
proposed rulemaking (NPRM) discussed next.
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 were
addressed in the Supplemental Notice of Proposed Rulemaking (SNPRM)
discussed next.
On November 6, 2024, we published a SNPRM entitled ``Drawbridge
Operation Regulation; Atlantic Intracoastal Waterway, West Palm Beach,
FL'' in the Federal Register (89 FR 87990). During the comment period
that ended December 6, 2024, we received five comments, and those
comments are addressed in Section IV of this Final Rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The drawbridges have been
operating under a temporary deviation that is set to expire March 31,
2025. Delaying the effective date of the rule would be impracticable
and contrary to the public interest as the drawbridges would be
required to revert to operating schedules that do not meet the
reasonable needs of all modes of transportation and would have a
negative impact on roadway traffic.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Flagler Memorial (State Route (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
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
has modified the drawbridge schedules to allow openings once an hour
during designated times on weekdays. The drawbridges will open twice an
hour at all other times or as outlined in each drawbridge operating
regulation.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 30 days, and five
comments were received. The first comment asked if there would be a
change in vessel traffic and if so, would the vessels need to ``park''.
Also, would this cause additional environmental impacts. The Coast
Guard feels the regulation change will not require vessels to ``park''
or moor or anchor in nautical terms. Vessels may have to adjust speed
through the water to meet the new opening times or they may choose to
temporarily anchor or moor at a facility. The Coast Guard states this
drawbridge operation regulation action is one of a category of actions
that do not individually or cumulatively have a significant effect on
the human environment.
The Marine Industries Association of Palm Beach County, Inc.
expressed concern with reduced drawbridge openings during the Palm
Beach International Boat Show. They have requested to be notified as
soon as possible to any changes to drawbridge operations and consider
input from marine interest on how changes may affect the flow of vessel
traffic during the boat show. The Coast Guard will notify and work with
marine interests during the boat show and any event that may increase
vessel traffic and may require special consideration to waterway
traffic to ensure the safety of navigation.
The third commentor suggested an alternate opening schedule for
what they considered the main bridge, the Royal Park Bridge. They
stated that having it open on the three-quarter hour will continue his
delay into work and suggested the Royal Park Bridge open on the half-
hour, quarter hour, or not open from 7:30 a.m. to 9:30 a.m. The other
two bridges, Flagler Memorial and Southern Blvd. Bridges can open one
half-hour opposite the Royal Park Bridge. The SNPRM did propose to
change the opening time for the Royal Park Bridge from the three-
quarter hour to the half-hour and the other two bridges open on the
quarter hour given their distance to the Royal Park Bridge.
The fourth commentor suggested the three bridges should not open
more than once an hour at all times unless instructed by the Coast
Guard for official business. 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 only hourly openings at all times would not meet
the reasonable needs of navigation and is contrary to our
responsibility.
The last comment received wanted more information on how the
proposal would affect vessels during the proposed time changes. The
commentor stated that some members of the community have stated that
vessels should have more access to the waterway not the proposed less.
They feel the changes that might need to be made should come from
multiple forms so that no one group is overly affected by the impact of
the new rule. The Coast Guard has published a temporary test deviation,
NPRM, and SNPRM all with a request for comments from the public. In
total we received 1,687 comments on the proposed rule from multiple
sources. The Coast Guard feels ample opportunity was provided during
the comment periods for different entities to provide input on the
proposed rule.
This rule modifies the operating schedule of the Flagler Memorial,
Royal Park, and Southern Blvd. Bridges by allowing the bridges to open
once an hour verses twice an hour during designated peak traffic times.
The bridges will continue to open twice an hour outside of those
designated peak traffic times as outlined in their respective operating
regulation.
V. Regulatory Analyses
We developed this 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
[[Page 17228]]
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 section 3(f) of Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget (OMB).
This regulatory action determination is based on 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 received zero comments from the Small Business
Administration on this rule. 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 Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
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; and DHS Delegation No.
00170.1, Revision No. 01.3.
0
2. Amend Sec. 117.261 by revising paragraphs (u), (v), and (w) 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 Presidential Security Zone is enforced, 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 2:15
p.m. to 6 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 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 Presidential Security Zone is enforced, 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 2:15 p.m. to 6
p.m., the draw need only open on the 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
[[Page 17229]]
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 Presidential Security Zone is enforced, the draw may
be closed without advance notice to permit uninterrupted transit of
dignitaries across the bridge. At all other times the bridge shall open
on the quarter and three-quarter hour, or as directed by the on-scene
designated representative.
* * * * *
Dated: March 24, 2025.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard Commander, Coast Guard Seventh District.
[FR Doc. 2025-07058 Filed 4-23-25; 8:45 am]
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