[Federal Register Volume 89, Number 24 (Monday, February 5, 2024)]
[Rules and Regulations]
[Pages 7620-7622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02187]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0658]
RIN 1625-AA09


Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Roosevelt (US1) Bridge, across the Okeechobee Waterway, 
mile 7.5, at Stuart, FL. This action is necessary to allow the 
drawbridge to operate on demand, as outlined in the Record of Decision 
for the high-level fixed US1 Roosevelt Bridge which was constructed in 
1997. Additionally, with the increase in railway activity on the 
adjacent railroad bridge, this modification will allow the drawbridges 
to operate in concert. The drawbridge name in the existing regulation 
is incorrect and will be changed in this Final Rule.

DATES: This rule is effective March 6, 2024.

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-2023-0658) 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 305-415-6740, 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
FDOT Florida Department of Transportation

II. Background Information and Regulatory History

    The drawbridge name in the regulation, Roosevelt (US1) Bridge, is 
incorrect and will be permanently changed in the CFR and referred to 
for the remainder of the Final Rule as SR 707 (Dixie Highway) Bridge.
    The SR 707 (Dixie Highway) Bridge was included in previously 
published notices and a general deviation with a request for comments 
in the Federal Register, under docket number USCG-2022-0222. These 
actions were taken to gather comments on waterway usage and the 
operation of the Florida East Coast Railroad Bridge and the SR 707 
(Dixie Highway) Bridge at Stuart, FL.
    On May 3, 2022, under docket USCG-2022-0222, 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 2,358 comments on those publications and those 
comments pertaining to SR 707 (Dixie Highway) Bridge were addressed in 
the NPRM. On June 8, 2023, under docket USCG-2022-0222, the Coast Guard 
published a Temporary Deviation entitled, ``Drawbridge Operation

[[Page 7621]]

Regulation; Okeechobee Waterway, Stuart, FL'' in the Federal Register 
(88 FR 37470). During the test period, 342 comments were received and 
those comments pertaining to SR 707 (Dixie Highway) Bridge were 
addressed in the NPRM.
    On October 27, 2023, under docket USCG-2023-0658, the Coast Guard 
published a Notice of Proposed Rulemaking entitled Drawbridge Operation 
Regulation; Okeechobee Waterway, Stuart, FL'' in the Federal Register 
(88 FR 73808). There, the Coast Guard stated why it issued the NPRM and 
invited comments on the proposed regulatory action related to this 
regulatory change. During the comment period that ended November 27, 
2023, we received zero comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The SR 707 (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 set forth in 33 CFR 117.317(d). 
Navigation on the waterway is commercial and recreational.
    The drawbridge was required to operate on demand as outlined in the 
Record of Decision for the high-level fixed US1 Roosevelt Bridge which 
was constructed in 1997. The drawbridge was operating on demand until 
June 2020 when emergency repairs to the US1 Roosevelt Bridge 
necessitated the drawbridge operate on scheduled openings. It was then 
discovered the drawbridge operating regulation was not removed from the 
CFR in 1997 as required. After emergency repairs were completed on the 
US1 Roosevelt Bridge, the bridge owner, FDOT, continued to operate the 
drawbridge per 33 CFR 117.317(d). Given the previous requirement to 
operate on demand, the increase in railway activity on the adjacent 
railroad bridge, and the unique operation of the railroad bridge, the 
Coast Guard is modifying the operating regulation to allow the 
drawbridges to operate in concert.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a comment period of 30 days, and no 
comments were received. The current regulation provides for the 
drawbridge to remain closed to navigation during specified times and to 
operate on scheduled openings at other times. This final rule allows 
for the drawbridge to operate on demand and in concert with adjacent 
railroad drawbridge. Vessels that can pass beneath the drawbridge 
without an opening may do so at any time.

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

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). This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, it has 
not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that 
vessels can transit the drawbridge on demand 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,

[[Page 7622]]

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 Chapter 3, Table3-1 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.

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 Department of 
Homeland Security Delegation No. 00170.1. Revision No. 01.3.


0
2. Amend Sec.  117.317 by revising paragraph (d) to read as follows:


Sec.  117.317  Okeechobee Waterway

* * * * *
    (d) The SR 707 (Dixie Highway) Bridge, mile 7.5 at Stuart, shall 
open on signal; except when the adjacent 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 
requesting an opening.
* * * * *

    Dated: January 31, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh 
District.
[FR Doc. 2024-02187 Filed 2-2-24; 8:45 am]
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