Rule2023-12270
Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 8, 2023
Effective
June 21, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 110 (Thursday, June 8, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <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 test
deviation, 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#b3f9d6dddddad5d6c19dfd9de9d6c1d0dbd6c1f3c6c0d0d49ddedadf"><span class="__cf_email__" data-cfemail="d69cb3b8b8bfb0b3a4f898f88cb3a4b5beb3a496a3a5b5b1f8bbbfba">[email protected]</span></a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <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. 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.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <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).
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
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