Rule2024-17452
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
August 7, 2024
Effective
August 9, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is temporarily modifying the operating schedule that governs the Florida East Coast (FEC) Railroad Bridge, across the Okeechobee Waterway (OWW), mile 7.41, at Stuart, FL. This action is necessary to allow for continuity of drawbridge operations while the Coast Guard reviews comments and documents associated with the temporary test deviation. Allowing the drawbridge to return to its regular operating schedule would not meet the reasonable needs of navigation given the increase in railway traffic.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 152 (Wednesday, August 7, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Rules and Regulations]
[Pages 64367-64369]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17452]
=======================================================================
-----------------------------------------------------------------------
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: Temporary interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the Florida East Coast (FEC) Railroad Bridge,
across the Okeechobee Waterway (OWW), mile 7.41, at Stuart, FL. This
action is necessary to allow for continuity of drawbridge operations
while the Coast Guard reviews comments and documents associated with
the temporary test deviation. Allowing the drawbridge to return to its
regular operating schedule would not meet the reasonable needs of
navigation given the increase in railway traffic.
DATES: This temporary interim rule is effective from August 9, 2024,
through 11:59 p.m. on December 31, 2024.
Comments and related material must reach the Coast Guard on or
before September 23, 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-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
temporary interim rule, 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#7c36191212151a190e52325226190e1f14190e3c090f1f1b52111510"><span class="__cf_email__" data-cfemail="1e547b707077787b6c305030447b6c7d767b6c5e6b6d7d7930737772">[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
NPRM Notice of Proposed Rulemaking
TIR Temporary Interim Rule
FECR Florida East Coast Railway
FEC Florida East Coast
OWW Okeechobee Waterway
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. Allowing the drawbridge to return to its regular
operating schedule would not meet the reasonable needs of navigation
given the increase in railway traffic. The regular operating schedule
does not provide predictable and reliable drawbridge openings.
On February 6, 2024, the Coast Guard published a notice of
temporary deviation from regulations; request for comments, in the
Federal Register (89 FR 8074) which allowed the bridge owner, Florida
East Coast Railway (FECR), to deviate from the current operating
schedule in 33 CFR 117.317(c). This action was necessary to test an
alternate drawbridge operating schedule due to an increase in railway
traffic. The test deviation will run past the end date of August 9,
2024, of the General Deviation due to the delay in receipt and Coast
Guard analysis of the marine traffic study. The Coast Guard
commissioned an independent third party to conduct a marine traffic
study to analyze the type, size, time of day and number of vessels that
transit through the FEC Railroad Bridge while in the open and closed to
navigation positions. The Coast Guard received the draft report on July
11, 2024. The bridge cannot be brought back to the regular operating
schedule as it does not meet the reasonable needs of navigation given
the increase in railway traffic. Therefore, there is insufficient time
to provide a reasonable comment period and then consider those comments
before issuing the modification.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective in less than 30 days after publication
in the Federal Register. For reasons presented above, delaying the
effective date of this rule would be impracticable and contrary to the
public interest due to the fact that the bridge's regular operating
schedule does not meet the reasonable needs of navigation and does not
provide predictable and reliable drawbridge openings.
We are soliciting comments on this rulemaking. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
499. The FEC Railroad Bridge across the 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).
The regular drawbridge regulation, 33 CFR 117.313(c), states that
the draw is normally in the fully open position . . . when a train
approaches the bridge . . . the draw lowers and locks . . . and remains
down for a period of eight minutes or while the approach track circuit
is occupied. The Coast Guard has determined that allowing the
drawbridge to return to its regular operating schedule would not meet
the reasonable needs of navigation given the increase in railway
traffic. The regular operating schedule does not provide predictable
and reliable drawbridge openings. The Coast Guard needs sufficient time
to review the marine traffic study and other documentation,
[[Page 64368]]
while providing continuity in the operation of the drawbridge.
IV. Discussion of the Temporary Interim Rule
The Coast Guard is issuing this rule, which permits a temporary
deviation from the operating schedule that governs FEC Railroad Bridge
across the OWW, mile 7.41, at Stuart, FL. This rule allows the bridge
to provide continuity with predictable and reliable drawbridge openings
through 11:59 p.m. on December 31, 2024.
When determining if this temporary deviation will meet the
reasonable needs of competing modes of transportation, sufficient time
to review and mitigate public comments and the marine traffic study is
necessary. The marine traffic study was delayed and the Coast Guard did
not receive the draft document until July 11, 2024. A proper review the
marine traffic study and mitigation of comments is anticipated to be
completed by December 31, 2024.
V. Regulatory Analyses
We developed this temporary interim 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866, as amended by
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, it
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the fact that
little, or no commercial or recreational vessel traffic will be
impacted by this rule. Furthermore, the drawbridge, as of date of the
publication of this rule, cannot resume its regular operating schedule
as it does not meet the reasonable needs of navigation given the
increase in railway traffic. The regular operating schedule does not
provide predictable and reliable drawbridge openings.
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 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, 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 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.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
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
[[Page 64369]]
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.
To view documents mentioned in this 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 will only post comments that address the
topic of the rule. We may choose not to post off-topic, inappropriate,
or duplicate comments that we receive. Additionally, if you click on
the ``Dockets'' tab and then the proposed rule, you should see a
``Subscribe'' option for email alerts. Selecting this option will
enable notifications when comments are posted, or if/when 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).
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; Department of Homeland
Security Delegation No. 00170.1. Revision No. 01.3
0
2. Section 117.261 is amended by staying paragraph (c) and adding
paragraph (k).
Sec. 117.317 Okeechobee Waterway.
* * * * *
(k) 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 (k)(1), 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.
(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.
(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 (772) 403-1005.
(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.
(9) 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.
* * * * *
Dated: July 31, 2024.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2024-17452 Filed 8-6-24; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 7, 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.