[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Rules and Regulations]
[Pages 37470-37471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12270]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0222]


Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL

AGENCY: Coast Guard, DHS.

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

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SUMMARY: The Coast Guard has issued a temporary deviation from the 
operating schedule that governs the Florida East Coast (FEC) Railroad 
Bridge, mile 7.41, and the NW Dixie Highway Bridge, mile 7.5, across 
the Okeechobee Waterway (OWW), at Stuart, Florida. In anticipation of a 
significant increase in railway activity across the FEC Railroad 
Bridge, the Coast Guard is considering changing the operating 
regulation for the FEC Railroad Bridge to allow the drawbridge to 
operate on a more predictable schedule. The operating regulation for 
the adjacent NW Dixie Highway Bridge will be modified to allow for the 
drawbridges to operate in concert. 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 June 21, 2023, 
through 11:59 p.m. on December 17, 2023.
    Comments and related material must reach the Coast Guard on or 
before August 4, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0222 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 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 FEC Railroad Bridge across the Okeechobee Waterway (OWW), mile 
7.4, at Stuart, Florida is a single-leaf bascule bridge with a six-foot 
vertical clearance at mean high water in the closed position. The 
normal operating schedule for the bridge is found in 33 CFR 117.317(c).
    The NW Dixie Highway Bridge across the OWW, mile 7.5, at Stuart, 
Florida, is a double-leaf bascule bridge with a 14-foot vertical 
clearance at mean high water in the closed position. The normal 
operating schedule for the bridge is found in 33 CFR 117.317(d). 
Navigation on the waterway is commercial and recreational.
    In anticipation of a significant increase in railway activity 
across the FEC Railroad Bridge, the Coast Guard is considering changing 
the operating regulation for the FEC Railroad Bridge to allow the 
drawbridge to operate on a more predictable schedule and allow for 
reasonable usage of competing modes of transportation. The operating 
regulation for the adjacent NW Dixie Highway Bridge will be modified to 
allow for the drawbridges to operate in concert.
    On May 3, 2022, the Coast Guard published a Notification of Inquiry 
entitled, ``Drawbridge Operation Regulation; Okeechobee Waterway, 
Stuart, FL'' in the Federal Register (87 FR 26145). On June 10, 2022, a 
Supplemental Notification of Inquiry entitled, ``Drawbridge Operation 
Regulation; Okeechobee Waterway, Stuart, FL'' was published in the 
Federal Register (87 FR 35472). We received a total 2358 comments on 
those publications. Those comments were taken into consideration when 
developing this test deviation.
    Under this temporary deviation, the FEC Railroad Bridge shall open 
on signal at the quarter and three-quarter hour and remain open until 
all vessels requiring or requesting an opening have cleared, except any 
open period shall not exceed 15 minutes.
    If a train is in the track circuit at the designated opening time, 
the opening may be delayed up to but not exceed five minutes. Once the 
train has cleared the track circuit, the bridge must open immediately, 
if requested, and remain open until all vessels requiring an

[[Page 37471]]

opening have cleared, except any open period shall not exceed 15 
minutes.
    The drawbridge shall have a drawbridge tender onsite at all times, 
who is capable of physically tending and operating the drawbridge by 
local control, if necessary, or when ordered by the Coast Guard. Upon 
request, the drawbridge tender shall provide operational information 24 
hours a day on VHF-FM channel 9. Electronic signs shall be posted 
visible to marine traffic and display VHF radio contact information, 
mobile application information, and the telephone number for the bridge 
tender.
    In the event of a drawbridge operational failure, or other 
emergency circumstances impacting normal drawbridge operations, the 
drawbridge owner shall immediately notify the Coast Guard Captain of 
the Port Miami and provide an estimated time of repair and return to 
normal operations.
    A drawbridge logbook shall be maintained including the date and 
each time it closes and opens to navigation, the number and direction 
of vessels passing through during each opening, the types of vessels 
passing through during each opening, and an estimated or known size 
(height, length, and beam) of the largest and smallest vessel passing 
through during each opening. The drawbridge logbook shall also include 
all maintenance openings, closings, malfunctions, or reasons for 
drawbridge closings that interfere with scheduled openings.
    The drawbridge owner shall maintain a mobile application. The 
drawbridge owner shall publish drawbridge opening times, and the 
drawbridge owner shall provide timely updates to schedules, including 
but not limited to, impacts due to emergency circumstances, repairs, 
and inspections.
    The NW Dixie Hwy Bridge shall open on signal; except when the 
adjacent FEC Railroad Bridge is in the closed position, the draw need 
not open. The draw must open immediately upon opening of the railroad 
bridge to pass all accumulated vessels which require an opening.
    Vessels able to pass through the bridges in the closed position may 
do so at any time. There is no immediate alternate route for vessels to 
pass. The Coast Guard will also inform the users of the waterway 
through our Local and Broadcast Notices to Mariners of the change in 
operating schedule for the bridges.
    In accordance with 33 CFR 117.35(e), the drawbridges must return to 
their regular operating schedules 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 to determining the needs 
of the public and will consider all comments and material received 
during the comment period. Your comment can help shape the outcome of 
future actions. If you submit a comment, please include the docket 
number for this test 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-2022-0222, 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. 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. Additionally, 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 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: June 2, 2023.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2023-12270 Filed 6-7-23; 8:45 am]
BILLING CODE 9110-04-P