[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Rules and Regulations]
[Pages 64367-64369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17452]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0222]
RIN 1625-AA09


Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the Florida East Coast (FEC) Railroad Bridge, 
across the Okeechobee Waterway (OWW), mile 7.41, at Stuart, FL. This 
action is necessary to allow for continuity of drawbridge operations 
while the Coast Guard reviews comments and documents associated with 
the temporary test deviation. Allowing the drawbridge to return to its 
regular operating schedule would not meet the reasonable needs of 
navigation given the increase in railway traffic.

DATES: This temporary interim rule is effective from August 9, 2024, 
through 11:59 p.m. on December 31, 2024.
    Comments and related material must reach the Coast Guard on or 
before September 23, 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-2022-0222 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 
temporary interim 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
NPRM Notice of Proposed Rulemaking
TIR Temporary Interim Rule
FECR Florida East Coast Railway
FEC Florida East Coast
OWW Okeechobee Waterway

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary interim rule without 
prior notice and opportunity to comment pursuant to authority under 
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). This provision authorizes an agency to issue a rule without 
prior notice and opportunity to comment when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast 
Guard finds that good cause exists for not publishing a notice of 
proposed rulemaking (NPRM) with respect to this rule because it is 
impracticable. Allowing the drawbridge to return to its regular 
operating schedule would not meet the reasonable needs of navigation 
given the increase in railway traffic. The regular operating schedule 
does not provide predictable and reliable drawbridge openings.
    On February 6, 2024, the Coast Guard published a notice of 
temporary deviation from regulations; request for comments, in the 
Federal Register (89 FR 8074) which allowed the bridge owner, Florida 
East Coast Railway (FECR), to deviate from the current operating 
schedule in 33 CFR 117.317(c). This action was necessary to test an 
alternate drawbridge operating schedule due to an increase in railway 
traffic. The test deviation will run past the end date of August 9, 
2024, of the General Deviation due to the delay in receipt and Coast 
Guard analysis of the marine traffic study. The Coast Guard 
commissioned an independent third party to conduct a marine traffic 
study to analyze the type, size, time of day and number of vessels that 
transit through the FEC Railroad Bridge while in the open and closed to 
navigation positions. The Coast Guard received the draft report on July 
11, 2024. The bridge cannot be brought back to the regular operating 
schedule as it does not meet the reasonable needs of navigation given 
the increase in railway traffic. Therefore, there is insufficient time 
to provide a reasonable comment period and then consider those comments 
before issuing the modification.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective in less than 30 days after publication 
in the Federal Register. For reasons presented above, delaying the 
effective date of this rule would be impracticable and contrary to the 
public interest due to the fact that the bridge's regular operating 
schedule does not meet the reasonable needs of navigation and does not 
provide predictable and reliable drawbridge openings.
    We are soliciting comments on this rulemaking. If the Coast Guard 
determines that changes to the temporary interim rule are necessary, we 
will publish a temporary final rule or other appropriate document.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499. The FEC Railroad Bridge across the OWW, mile 7.41, at Stuart, FL, 
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 regular drawbridge regulation, 33 CFR 117.313(c), states that 
the draw is normally in the fully open position . . . when a train 
approaches the bridge . . . the draw lowers and locks . . . and remains 
down for a period of eight minutes or while the approach track circuit 
is occupied. The Coast Guard has determined that allowing the 
drawbridge to return to its regular operating schedule would not meet 
the reasonable needs of navigation given the increase in railway 
traffic. The regular operating schedule does not provide predictable 
and reliable drawbridge openings. The Coast Guard needs sufficient time 
to review the marine traffic study and other documentation,

[[Page 64368]]

while providing continuity in the operation of the drawbridge.

IV. Discussion of the Temporary Interim Rule

    The Coast Guard is issuing this rule, which permits a temporary 
deviation from the operating schedule that governs FEC Railroad Bridge 
across the OWW, mile 7.41, at Stuart, FL. This rule allows the bridge 
to provide continuity with predictable and reliable drawbridge openings 
through 11:59 p.m. on December 31, 2024.
    When determining if this temporary deviation will meet the 
reasonable needs of competing modes of transportation, sufficient time 
to review and mitigate public comments and the marine traffic study is 
necessary. The marine traffic study was delayed and the Coast Guard did 
not receive the draft document until July 11, 2024. A proper review the 
marine traffic study and mitigation of comments is anticipated to be 
completed by December 31, 2024.

V. Regulatory Analyses

    We developed this temporary interim 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 rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866, as amended by 
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, it 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the fact that 
little, or no commercial or recreational vessel traffic will be 
impacted by this rule. Furthermore, the drawbridge, as of date of the 
publication of this rule, cannot resume its regular operating schedule 
as it does not meet the reasonable needs of navigation given the 
increase in railway traffic. The regular operating schedule does not 
provide predictable and reliable drawbridge openings.

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 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.

VI. 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 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.
    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

[[Page 64369]]

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.
    To view documents mentioned in this 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. We review all 
comments received, but we will only post comments that address the 
topic of the rule. We may choose not to post off-topic, inappropriate, 
or duplicate comments that we receive. Additionally, if you click on 
the ``Dockets'' tab and then the proposed rule, you should see a 
``Subscribe'' option for email alerts. Selecting this option will 
enable notifications when comments are posted, or if/when a final rule 
is published.
    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 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; Department of Homeland 
Security Delegation No. 00170.1. Revision No. 01.3

0
2. Section 117.261 is amended by staying paragraph (c) and adding 
paragraph (k).


Sec.  117.317   Okeechobee Waterway.

* * * * *
    (k) Florida East Coast Railroad (FEC) Bridge, mile 7.41, at Stuart. 
The draw shall operate as follows:
    (1) The drawbridge will be maintained in the fully open-to-
navigation position, except during periods when it is closed for the 
passage of train traffic, to conduct inspections, and to perform 
maintenance and repairs authorized by the Coast Guard.
    (2) The drawbridge will not be closed for more than 50 consecutive 
minutes in any given hour during daytime operations (6 a.m. to 8 p.m.) 
and for more than 7 total hours during daytime operations (6 a.m. to 8 
p.m.).
    (3) Notwithstanding paragraph (k)(1), the drawbridge will open and 
remain open to navigation for a fixed 10-minute period at the top of 
each hour from 6 a.m. to 8 p.m.
    (4) From 8:01 p.m. until 5:59 a.m. daily, the drawbridge will 
remain in the fully open-to-navigation position, except during periods 
when it is closed for the passage of train traffic, to conduct 
inspections, and to perform maintenance and repairs authorized by the 
Coast Guard. The drawbridge will not be closed more than 60 consecutive 
minutes.
    (5) If a train is in the track circuit at the start of a fixed 
opening period, the opening may be delayed up to, but not more than, 
five minutes. Once the train has cleared the circuit, the bridge must 
open immediately for navigation to begin the fixed opening period.
    (6) The drawbridge will be tended from 6 a.m. to 8 p.m., daily. The 
bridge tender will monitor VHF-FM channels 9 and 16 and will provide 
estimated times of drawbridge openings and closures, or any operational 
information requested. Operational information will be provided 24 
hours a day by telephone at (772) 403-1005.
    (7) The drawbridge owner will maintain a mobile application. The 
drawbridge owner will publish drawbridge opening times, and the 
drawbridge owner will provide timely updates to schedules, including 
but not limited to, impacts due to emergency circumstances, 
inspections, maintenance, and repairs authorized by the Coast Guard.
    (8) Signs will be posted and visible to marine traffic, displaying 
VHF radio contact information, application information, and the 
telephone number for the bridge tender.
    (9) A copy of the drawbridge logbook for the previous week will be 
provided to the Seventh Coast Guard District Bridge Manager by 4 p.m. 
each Monday.
* * * * *

    Dated: July 31, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh 
District.
[FR Doc. 2024-17452 Filed 8-6-24; 8:45 am]
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