Proposed Rule2022-12509
Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL
Primary source
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Published
June 10, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is seeking information and comments on proposing a change to the drawbridge operating regulations for the Florida East Coast (FEC) Railroad Bridge, mile 7.4, and the SR 707 (Dixie Hwy) Bridge, mile 7.5, across the Okeechobee Waterway (OWW), at Stuart, Florida. In anticipation of passenger rail service across the FEC Railroad Bridge, the Coast Guard recognizes a change to the drawbridge operating schedules may be necessary to meet the reasonable needs of the maritime community and railway traffic. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 87 Issue 112 (Friday, June 10, 2022)</title>
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[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Proposed Rules]
[Pages 35472-35473]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12509]
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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: Supplemental notification of inquiry, request for comments.
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SUMMARY: The Coast Guard is seeking information and comments on
proposing a change to the drawbridge operating regulations for the
Florida East Coast (FEC) Railroad Bridge, mile 7.4, and the SR 707
(Dixie Hwy) Bridge, mile 7.5, across the Okeechobee Waterway (OWW), at
Stuart, Florida. In anticipation of passenger rail service across the
FEC Railroad Bridge, the Coast Guard recognizes a change to the
drawbridge operating schedules may be necessary to meet the reasonable
needs of the maritime community and railway traffic. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before July 25, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0222 using Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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 notice,
call or email Ms. Jennifer Zercher, Bridge Management Specialist,
Seventh Coast Guard District, telephone 305-415-6740, email
<a href="/cdn-cgi/l/email-protection#c58fa0ababaca3a0b7eb8beb9fa0b7a6ada0b785b0b6a6a2eba8aca9"><span class="__cf_email__" data-cfemail="aee4cbc0c0c7c8cbdc80e080f4cbdccdc6cbdceedbddcdc980c3c7c2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
Sec. Section Symbol
U.S.C. United States Code
FEC Florida East Coast
SR State Route
WAMS Waterways Analysis and Management System
OWW Okeechobee Waterway
HWY Highway
NOI Notification of Inquiry
II. Background, Purpose and Purpose
On May 3, 2022, the Coast Guard published a notification of inquiry
(NOI) in the Federal Register (87 FR 26145) to solicit public comments
on proposing a change to the drawbridge operating regulations for the
Florida East Coast (FEC) Railroad Bridge, mile 7.4, and the SR 707
(Dixie Hwy) Bridge, mile 7.5, across the Okeechobee Waterway (OWW), at
Stuart, Florida. Comments and related material were to reach the Coast
Guard on or before July 5, 2022. As of May 27, 2022, 16 comments were
received. These comments will be addressed with the Supplemental NOI
comments.
On May 26, 2022, the Honorable Brian Mast requested the NOI be
``recalled, rewritten, and republished'' based on concerns the NOI
failed to address all recommendations included in the 2018 Waterways
Analysis and Management System (WAMS) study. The Coast Guard will
publish an ex parte communications memorandum via the Federal Register
using docket number USCG-2022-0222.
This Supplemental NOI is being provided to clarify the Coast
Guard's intent in gathering information under this NOI. The Coast Guard
is seeking information regarding usage and equitable access to the
waterway under the FEC Railroad Bridge, mile 7.4, and the SR 707 (Dixie
Hwy) Bridge, mile 7.5, across the OWW, at Stuart, Florida. For
drawbridge operating regulations, the Coast Guard interprets
``equitable'' usage as access to the waterway which meets the
reasonable needs of navigation while balancing the needs of competing
modes of transportation.
III. Discussion on Comments and Changes
As noted above, a request was made to recall, rewrite, and
republish the NOI based on an apparent lack of objectivity regarding
the Coast Guard's intent as to mariners' access to the waterway. The
Coast Guard has updated the summary and revised question six of the
original NOI to avoid perceived bias by the Coast Guard. A Supplemental
NOI will be published in the Federal Register.
IV. Information Requested
To aid us in further developing a proposed rule, we seek responses
from waterway users to the following questions:
(1) Do you currently transit through the FEC Railroad Bridge
crossing the Okeechobee Waterway, mile 7.4, at Stuart, Florida?
(2) How often do you transit this waterway?
(3) If railway traffic impedes your navigation of this area, how
long are you normally delayed?
(4) How would you propose to regulate the balance of railway and
maritime traffic in this area?
(5) What challenges have you experienced when transiting this area
due to these bridges and/or railway activity?
(6) At what frequency and duration should the drawbridge openings
occur in order to meet the needs of navigation?
(7) Should the SR 707 (Dixie Hwy) Bridge opening schedule mirror
the operating schedule of the FEC Railroad Bridge?
V. Public Participation and Request for Comments
We encourage you to submit comments in response to this notice of
inquiry through the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to
[[Page 35473]]
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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. In your
submission, please include the docket number for this notice of inquiry
and provide a reason for each suggestion or recommendation. If your
material cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a> contact
the person in the FOR FURTHER INFORMATION CONTACT section of this
document for alternate instructions.
To view documents mentioned in this proposed 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page. We review all
comments received, but 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 are posted or a final rule is published.
We accept anonymous comments. Comments we post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
We may hold a public meeting, if necessary, to receive oral
comments on this Notice of Inquiry and will announce the date, time,
and location in a separate document published in the Federal Register.
If you signed up for docket email alerts mentioned in the paragraph
above, you will receive an email notice when the public meeting notice
is published and placed in the docket.
This document is issued under authority of 5 U.S.C. 552 (a) and 33
U.S.C. 499.
Dated: June 6, 2022.
Jeffrey K. Randall,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 2022-12509 Filed 6-9-22; 8:45 am]
BILLING CODE 9110-04-P
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