Rule2024-02187
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
February 5, 2024
Effective
March 6, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 24 (Monday, February 5, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
<a href="/cdn-cgi/l/email-protection#0a406f6464636c6f78244424506f7869626f784a7f79696d24676366"><span class="__cf_email__" data-cfemail="bbf1ded5d5d2dddec995f595e1dec9d8d3dec9fbcec8d8dc95d6d2d7">[email protected]</span></a>.
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]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on February 5, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.