Rule2024-02389
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 6, 2024
Effective
February 12, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is modifying a temporary deviation from the operating schedule that governs the Florida East Coast (FEC) Railroad Bridge, across the Okeechobee Waterway (OWW), mile 7.41, at Stuart, Florida. This modification tests an alternate temporary deviation to determine if the updated mobile application and simplified drawbridge opening requirements are reliable and predictable and will meet the reasonable needs of navigation and competing modes of transportation given the increase in railway activity. The Coast Guard is seeking comments from the public regarding this deviation.
Full Text
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<title>Federal Register, Volume 89 Issue 25 (Tuesday, February 6, 2024)</title>
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[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Rules and Regulations]
[Pages 8074-8075]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02389]
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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, Department of Homeland Security (DHS).
ACTION: Notice of temporary deviation from regulations; request for
comments.
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SUMMARY: The Coast Guard is modifying a temporary deviation from the
operating schedule that governs the Florida East Coast (FEC) Railroad
Bridge, across the Okeechobee Waterway (OWW), mile 7.41, at Stuart,
Florida. This modification tests an alternate temporary deviation to
determine if the updated mobile application and simplified drawbridge
opening requirements are reliable and predictable and will meet the
reasonable needs of navigation and competing modes of transportation
given the increase in railway activity. The Coast Guard is seeking
comments from the public regarding this deviation.
DATES: This deviation is effective from 12:01 a.m. on February 12,
2024, through 11:59 p.m. on August 9, 2024.
Comments and related material must reach the Coast Guard on or
before May 6, 2024.
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
temporary deviation, call or email Ms. Jennifer Zercher, Bridge
Management Specialist, Seventh Coast Guard District; telephone 571-607-
5951, email <a href="/cdn-cgi/l/email-protection#672d0209090e0102154929493d0215040f02152712140400490a0e0b"><span class="__cf_email__" data-cfemail="eca6898282858a899ec2a2c2b6899e8f84899eac999f8f8bc2818580">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background, Purpose and Legal Basis
The Florida East Coast (FEC) Railroad Bridge across the Okeechobee
Waterway (OWW), mile 7.41, 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).
On August 11, 2023, the Coast Guard published a temporary deviation
entitled ``Drawbridge Operation Regulation; Okeechobee Waterway,
Stuart, FL'' in the Federal Register (88 FR 54487). That temporary
deviation, effective from 12:01 a.m. on August 15, 2023, through 11:59
p.m. on December 17, 2023, allowed the drawbridge to operate on a more
predictable schedule due to the significant increase in railway
activity.
On November 7, 2023, the Coast Guard published a notice reopening
the comment period until November 30, 2023, because service was delayed
on the passenger train (88 FR 76666).
On December 7, 2023, the Coast Guard published a temporary
deviation modification which extended the temporary deviation through
12:59 p.m. on February 11, 2024. This action was necessary to allow the
Coast Guard sufficient time to review public comments, while providing
continuity in the operation of the drawbridge to determine if the
temporary deviation will meet the reasonable needs of competing modes
of transportation or if an alternate temporary deviation may be needed
(88 FR 85111).
The Coast Guard has determined an alternate temporary deviation
should be considered based on comments and feedback from marine
industries and the bridge owner. Of the 216 comments received, 185 were
unrelated to the temporary deviation and were not taken into
consideration when developing this alternate temporary deviation. There
were 16 comments received that stated the temporary deviation does not
provide sufficient time for marine traffic, but no extenuating
information was given to support that comment. The remaining comments
stated the mobile application was not reliable as it was not accurately
displaying the status of the drawbridge. Mariners were unable to plan
for transits as the mobile application would show the drawbridge open
to navigation, but the bridge was closed to navigation for the passage
of rail traffic when mariners arrived at the bridge. It was discovered
the mobile application was not updated with the full train schedule for
both freight and passenger rail service. We are testing this alternate
temporary deviation to determine if the updated mobile application and
simplified drawbridge opening requirements are reliable and predictable
and will meet the reasonable need of navigation.
Under this temporary deviation modification from 12:01 a.m. on
February 12, 2024, through 11:59 p.m. on August 9, 2024, the FEC
Railroad Bridge 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. However, the bridge 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.).
Notwithstanding the above paragraph, 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.
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.
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.
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.
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.
[[Page 8075]]
Signs will be posted and visible to marine traffic, displaying VHF
radio contact information, application information, and the telephone
number for the bridge tender.
During the temporary deviation, 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.
In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedules immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulation is authorized pursuant to 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. Also, 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 of any posting or updates to the docket.
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.
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: January 31, 2024.
Randall D. Overton,
Director, Bridge Administration, Seventh Coast Guard District.
[FR Doc. 2024-02389 Filed 2-5-24; 8:45 am]
BILLING CODE 9110-04-P
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