[Federal Register Volume 90, Number 177 (Tuesday, September 16, 2025)]
[Rules and Regulations]
[Pages 44553-44557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17888]
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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: Final rule.
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SUMMARY: The Coast Guard is changing the operating schedule that
governs the Florida East Coast (FEC) Railroad Bridge, across the
Okeechobee Waterway (OWW), mile 7.41, at Stuart, FL. This rule will
allow the drawbridge to operate on a more predictable and reliable
schedule to meet the needs of competing modes of transportation. This
action is necessary due to a significant increase in railway activity.
DATES: This rule is effective November 17, 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-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 rule,
call or email call or email Ms. Jennifer Zercher, Bridge Management
Specialist, Coast Guard Southeast District; telephone 571-607-5951,
email [email protected]l.
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
Sec. Section
U.S.C. United States Code
TD Temporary Deviation
OWW Okeechobee Waterway
FL Florida
TIR Temporary Interim Rule
NOI Notice of Inquiry
SNOI Supplemental Notice of Inquiry
FECR Florida East Coast Railway
FEC Florida East Coast
II. Background Information and Regulatory History
On May 3, 2022, the Coast Guard published a Notification of Inquiry
(NOI); request for comments in the Federal Register (87 FR 26145). This
NOI sought information from waterway
[[Page 44554]]
users in response to provided questions. Those questions focused on
waterway usage and navigation in the vicinity of the railroad and
highway bridges. On June 10, 2022, a Supplemental Notification of
Inquiry (SNOI); request for comments was published in the Federal
Register (87 FR 35472). The SNOI provided clarification on the Coast
Guard's intent in gathering information. The Coast Guard was seeking
information regarding usage and equitable access to the waterway. We
received a total of 2358 comments on those publications. Those comments
were taken into consideration when developing the temporary test
deviation published on June 8, 2023.
On June 8, 2023, the Coast Guard published a notice titled
``Temporary deviation from regulations; request for comments'' in the
Federal Register (88 FR 37470) (Temporary Deviation 1). The deviation
was effective from 12:01 a.m. on June 21, 2023, through 11:59 p.m. on
December 17, 2023. Under Temporary Deviation 1, the railroad bridge
opened twice an hour upon request and was required to remain in the
open position if trains were not crossing the bridge. Additional
operating requirements were specified by the Coast Guard. The comment
period ended on August 4, 2023, with 371 comments received. Those
comments were taken into consideration when developing Temporary
Deviation 2, which was published on August 11, 2023.
On August 11, 2023, the Coast Guard published a notice titled
``Temporary deviation from regulations; cancellation'' in the Federal
Register (88 FR 54488). This action cancelled Temporary Deviation 1, as
it was determined FEC Railway (FECR) was experiencing extreme
difficulty meeting the requirements of the temporary deviation.
On August 11, 2023, the Coast Guard also published a notice titled
``Temporary deviation from regulations; request for comments'' in the
Federal Register (88 FR 54487) (Temporary Deviation 2). The deviation
was effective from 12:01 a.m. on August 15, 2023, through 11:59 p.m. on
December 17, 2023. Under Temporary Deviation 2, the railroad bridge was
maintained in the fully open-to-navigation position, except during
periods when it closed for the passage of train traffic. Additional
operating requirements were specified by the Coast Guard, one of which
was a fixed 15-minute opening period each hour. The comment period
ended October 15, 2023, with 211 comments received. Those comments were
addressed in Temporary Deviation 3, which was published on February 6,
2024.
On November 7, 2023, the Coast Guard published a notice titled
``Temporary deviation from regulations; reopening the comment period''
in the Federal Register (88 FR 76666). This action was necessary due to
a delay in the start of passenger rail service. Due to the delay, the
public was not afforded adequate opportunity to provide comments on
Temporary Deviation 2 during actual passenger rail service operations.
The comment period ended November 30, 2023, with 4 comments received.
Those comments were addressed in Temporary Deviation 3, which was
published on February 6, 2024.
On December 7, 2023, the Coast Guard published a notice titled
``Temporary deviation from regulations; modification'' in the Federal
Register (88 FR 85111). The deviation was effective from 12:01 a.m. on
December 18, 2023, through 11:59 p.m. on February 11, 2024. This action
extended Temporary Deviation 2 to allow for the review of public
comments, while providing continuity in the operation of the
drawbridge. An additional comment period was not provided for the
extension of Temporary Deviation 2 since multiple comment periods had
already been provided.
On February 6, 2024, the Coast Guard published a notice titled
``Temporary deviation from regulations; request for comments'' in the
Federal Register (89 FR 8074) (Temporary Deviation 3). The deviation
was effective from 12:01 a.m. on February 12, 2024, through 11:59 p.m.
on August 9, 2024. Under Temporary Deviation 3, the railroad bridge was
maintained in the fully open-to-navigation position, except during
periods when it closed for the passage of train traffic. Additional
operating requirements were specified by the Coast Guard, one of which
was a fixed 10-minute opening period each hour. The comment period
ended May 6, 2024, with one comment received. That comment is addressed
in the NPRM, which was published on March 25, 2025 (90 FR 13573).
On August 7, 2024, the Coast Guard published a Temporary Interim
Rule (TIR) with request for comments in the Federal Register (89 FR
64367). The temporary interim rule was effective from August 9, 2024,
through 11:59 p.m. on December 31, 2024. This action was necessary to
allow for continuity of drawbridge operations while the Coast Guard
reviewed comments, and the Coast Guard Commissioned Marine Traffic
Study of the Okeechobee Waterway (St. Lucie) (study) associated with
the temporary test deviation. The comment period for the TIR ended
September 23, 2024, with one comment received. That comment is
addressed in the NPRM, which was published on March 25, 2025 (90 FR
13573).
On February 7, 2025, the Coast Guard published a TIR with request
for comments in the Federal Register (90 FR 9126). The temporary
interim rule was effective from February 7, 2025, through 11:59 p.m. on
May 31, 2025. This action allowed for continuity for drawbridge
operations while the Coast Guard evaluates documentation received for a
request to permanently change the operating regulation. The comment
period for the TIR ended March 10, 2025, with 22 comments received, and
those comments are addressed in Section IV of this Final Rule.
On March 25, 2025, the Coast Guard published a NPRM entitled
``Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL'' in
the Federal Register (90 FR 13573). There we stated why we issued the
NPRM and invited comments on our proposed regulatory change. During the
comment period that ended April 24, 2025, we received two comments, and
those comments are addressed in Section IV of this Final Rule.
On May 19, 2025, the Coast Guard published a TIR in the Federal
Register (90 FR 21223). The temporary interim rule is effective from
June 1, 2025, through 11:59 p.m. on September 30, 2025. This action
allowed for continuity for drawbridge operations while the Coast Guard
evaluates documentation received for a request to permanently change
the operating regulation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Florida East Coast (FEC) Railroad Bridge across the Okeechobee
Waterway (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).
Railway activity has significantly increased across the FEC
Railroad Bridge. The Coast Guard is changing the operating regulation
for the railroad bridge to allow the drawbridge to operate a more
predictable and reliable schedule to meet the needs of competing modes
of transportation.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard received 22 comments from the TIR published
[[Page 44555]]
February 7, 2025. Fifteen comments were neither in support of nor
against the proposed rule but instead made statements regarding the
railroad's perceived failure to adhere to the specific requirements of
the proposed rule. Comments stated the bridge is not maintained in the
open to navigation position when trains are not crossing and does not
open immediately after trains pass. This section of the FEC train
corridor is a single track which requires the bridge to remain in the
down position when trains approach the bridge or are in the track
circuit or ``block''. When trains occupy the block for the railroad
bridge, they may not be visible from the waterway, and it may appear
the bridge is remaining down needlessly. Per federal railway
regulations, the block is a safety signal system leading up to the
bridge that requires the bridge to remain down until the train moves
outside of the block (safety signal) and prevents a train from entering
a block already occupied by another train. Again, this bridge crossing
is single track and it may take longer for trains to clear the block
before another train is permitted to enter and cross the bridge. FEC
has scheduled trains to cross the bridge close to each other to reduce
the amount of time the bridge is closed to navigation.
Comments stated the mobile application is not reliable. The mobile
application displays a daily schedule when the drawbridge is open and
closed to navigation. Bridge tender logs indicate the drawbridge is
operating similarly in conjunction with the mobile application. There
are minor discrepancies when the drawbridge closes or remains closed
when the mobile application indicates it is open to navigation and
these incidents are attributed to complex railroad operations or
incidents along the railroad corridor. However, there are instances
when the drawbridge is open when the mobile application indicates it is
in the down or closed position. FEC is complying with the fixed 10-
minute opening period at the top of each hour from 6 a.m. to 8 p.m. FEC
is required to update the mobile application in a timely manner when
these incidents occur. The mobile application provides the mariner with
reliable information while competing with other modes of
transportation.
Comments stated the signage is insufficient and difficult to see.
The signage is electronic on a digital board that provides more
information than typical bridge signage and is similar in letter
height. Mariners can also contact the bridge tender on marine radio
channel 9. The Coast Guard does not have the authority to require a
bridge owner to post specific requirements on any structure other than
the actual bridge structure. We find that the signage is sufficient as
it provides the required information.
Comments stated that reducing the total shared hours by two hours
is not reasonable for navigation. The drawbridge is required to remain
open when trains are not crossing, and it is not allowed to remain
closed to navigation for more than 60 consecutive minutes from 8:01
p.m. until 5:59 a.m. daily. The Coast Guard determined that from 8:01
p.m. until 5:59 a.m. requiring the drawbridge to be locally manned with
a fixed 10-minute opening at the top of the hour was not necessary as
marine traffic was not robust.
One commenter provided several recommendations that are not
reasonable for the area and outside the scope of Coast Guard Bridge
Program authority. They stated the current schedule does not satisfy
the needs of marine navigation, leading to economic losses for
commercial vessels and local businesses. The commenter did not provide
evidence that the proposed schedule, which has been active under the
TIR for the past year and a half, has led to economic losses for the
community. The commenter recommended a structured daily schedule, and
the schedule should be easily accessible via online platform. The
mobile application satisfies this recommendation. Additionally, the
commenter recommended a priority reservation system for vessels should
be implemented which would require the bridge to open based on vessels
with pressing time constraints. This is unreasonable and unnecessary as
the drawbridge is required to be maintained in the open position when
trains are not crossing and a 10-minute opening at the top of the hour
is provided, which mariners can plan for.
One comment stated the Coast Guard should allow marine traffic
access under the bridge and that it is unfair for a private company to
stop marine traffic for more than fifty percent of an hour. The
proposed rule provides for reasonable access for competing modes of
transportation that all users can plan for based on the final schedule.
A commercial property owner stated the excessive closure of the
railroad bridge to marine traffic is detrimental to his tenants that
use his property for their marine construction businesses and boat
storage. There is no evidence provided by commenters that the proposed
schedule, which has been active under the TIR for the past year and a
half, has been detrimental to the marine industry nor is closed
excessively. The bridge logs indicate, overall, the bridge owner is
complying with the proposed rule. The commenter also stated during
approaching hurricanes, mariners can't access their facility in a
timely manner to avoid the storm. During Hurricane Season, multiple
federal, state, and local agencies coordinate to ensure the public,
including the boating public, are aware of storms. The information
provided includes, but is not limited to, evacuation routes, roadway
and bridge closures. The Coast Guard coordinates with bridge owners to
ensure waterway access is available for mariners seeking safe haven and
also provides the bridge owner with sufficient time to secure moveable
bridges to prevent storm damage. Mariners are advised to follow
emergency orders and plan early vessel movements to ensure they have
access to waterways prior to the lockdown of moveable bridges due to
approaching storms.
There were four comments outside the scope of the TIR that we
determined were not actionable.
The Coast Guard received two comments on the NPRM published on
March 25, 2025. The two comments were unrelated to the substance of the
proposed rule.
This rule changes the operating schedule from the generic
requirement of ``open to navigation except when trains are crossing'',
to defining specific operating requirements, one of which is a fixed
10-minute opening period each hour. The rule allows the drawbridge to
operate on a more predictable and reliable schedule to meet the needs
of competing modes of transportation due to the significant increase in
railway activity.
This rule specifies that 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.). 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. At night 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 during this night and early morning time frame.
Lastly, if a train is in the track circuit at the start of a fixed
opening period, the
[[Page 44556]]
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.
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. 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 for the following reasons. The drawbridge must open at
the top of the hour for 10 minutes during the day time which gives
predictability and planning to small entities needing to transit the
bridge. 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. In
addition, 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.). This ensures the small businesses affected are not
delayed for more than 50 minutes during day time hours if a train is
passing. In the evenings and early mornings, 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 or other authorized actions by the Coast Guard. We
tailored this schedule to reduce the effect on small entities, give
predictability to all users, reduce unforeseen delays, and included
contingency planning for when the railroad needs cause the drawbridge
to remain closed during planned openings.
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 affects 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.
B. 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).
C. 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.
D. 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.
E. 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 Department of
Homeland Security Delegation No. 00170.1. Revision No. 01.3.
0
2. Amend Sec. 117.317 by revising paragraph (c) to read as follows.
Sec. 117.317 Okeechobee Waterway.
* * * * *
(c) 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 (c)(1) of this section, the
drawbridge will open and remain open to navigation for a
[[Page 44557]]
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 during this time frame.
(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 (305) 889-5576.
(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.
* * * * *
Dated: September 12, 2025.
Adam A. Chamie,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Southeast
District.
[FR Doc. 2025-17888 Filed 9-15-25; 8:45 am]
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