Rule2025-19114
Drawbridge Operation Regulation; Canaveral Barge Canal, Port Canaveral, 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
October 1, 2025
Effective
October 1, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is temporarily changing the operating schedule that governs the SR 401 Drawbridges across the Canaveral Barge Canal, mile 5.5, at Port Canaveral, FL. This action is necessary to allow the bridge owner to complete the rehabilitation of the bridges. We invite your comments on this temporary interim rule.
Full Text
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<title>Federal Register, Volume 90 Issue 188 (Wednesday, October 1, 2025)</title>
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[Federal Register Volume 90, Number 188 (Wednesday, October 1, 2025)]
[Rules and Regulations]
[Pages 47232-47234]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19114]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2025-0780]
RIN 1625-AA09
Drawbridge Operation Regulation; Canaveral Barge Canal, Port
Canaveral, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary Interim Rule with request for comments.
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SUMMARY: The Coast Guard is temporarily changing the operating schedule
that governs the SR 401 Drawbridges across the Canaveral Barge Canal,
mile 5.5, at Port Canaveral, FL. This action is necessary to allow the
bridge owner to complete the rehabilitation of the bridges. We invite
your comments on this temporary interim rule.
DATES: This temporary interim rule is effective without actual notice
from October 1, 2025 through January 31, 2026. For purposes of
enforcement, actual notice will be used from September 28, 2025 until
October 1, 2025.
Comments and related material must reach the Coast Guard on or
before October 31, 2025.
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-2025-0780 in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material''.
You may submit comments identified by docket number USCG-2025-0780
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. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in
this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary interim rule, call or email Ms. Jennifer Zercher, Bridge
Management Specialist, Coast Guard Southeast District; telephone 571-
607-5951, email <a href="/cdn-cgi/l/email-protection#bcf6d9d2d2d5dad9ce92f292e6d9cedfd4d9cefcc9cfdfdb92d1d5d0"><span class="__cf_email__" data-cfemail="a7edc2c9c9cec1c2d589e989fdc2d5c4cfc2d5e7d2d4c4c089cacecb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
FL Florida
TD Temporary Deviation
FDOT Florida Department of Transportation
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary interim rule under the
authority in 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. This bridge is unable to provide full
openings without a 4-hour advance notice and will remain unable to
provide full openings without a 4-hour advance notice until
rehabilitation work can be completed. The Coast Guard must continue its
Temporary Deviation from the normal drawbridge operating schedule until
the rehabilitation of the bridge is complete.
On April 2, 2025, the Coast Guard issued a Temporary Deviation (TD)
which allowed the bridge owner, FDOT, to deviate from the current
operating schedule in 33 CFR 117.273(b) to conduct a major mechanical
and structural rehabilitation of the bridges. Additional mechanical
issues were found during the course of construction and require repairs
which will cause the project to run past the end date of September 28,
2025, of the TD. The bridges cannot be brought back to normal operating
condition until the rehabilitation of the bridges is complete and
tested. Therefore, there is insufficient time to provide a reasonable
comment period and then consider those comments before issuing the
temporary deviation.
However, we are soliciting comments on this rulemaking during the
first 30 days while this rule is in effect. 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.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule 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 because the bridges are unable to
operate normally and will not be fully functional until the
rehabilitation work is completed.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim rule under
authority in 33 U.S.C. 499. The Coast Guard is temporarily changing the
operating schedule 33 CFR 117.273(b), that governs the SR 401
Drawbridges, across the Canaveral Barge Canal, mile, 5.5, at Port
Canaveral, FL. The SR 401 Drawbridges consist of three independent
bascule drawbridges, each with a vertical clearance of 25 feet at mean
high water in the closed position and 90 feet of horizontal clearance
between the fenders in the fully open to navigation position.
The authorized Temporary Deviation states the drawbridges are
allowed to provide single-leaf openings and a full opening will be
provided with a 4-hour advance notice. FDOT, the bridge owner,
requested the Temporary Deviation remain effective until January 31,
2026.
IV. Discussion of the Temporary Interim Rule
The Coast Guard is issuing this temporary interim rule to allow the
bridge owner of the SR 401 Drawbridges across the Canaveral Barge
Canal, mile 5.5, Port Canaveral, FL, to operate single-leaf openings
with a 4-hour notice for a full opening until January 31, 2026. The
temporary interim rule is necessary to accommodate the rehabilitation
of the drawbridges. The exceptions to the 4-hour notice rule are as
follows. From 6:30 a.m. to 8 a.m. and 3:30 p.m. to 5:15 p.m. Monday
through Friday except Federal holidays and from 11 a.m. to 2 p.m. on
Saturdays and Sundays, the drawspans need not be opened for the passage
of vessels. Also, from 10 p.m. to 6 a.m., the drawspans will open on
signal if at least a 3-hour advance notice is given. Lastly, the
drawspans will open as soon as possible for the passage of public
vessels of the United States and tugs with tows.
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. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not
[[Page 47233]]
apply to rules not subject to notice and comment. As the Coast Guard
has, for good cause, waived the notice and comment requirement that
would otherwise apply to this rulemaking, the Regulatory Flexibility
Act's flexibility analysis provisions do not apply here.
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 to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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.
B. 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).
C. 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.
D. 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.
E. 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, Table 3-1 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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this temporary interim 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.
Submitting comments. We encourage you to submit comments 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-2025-0780 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.
Viewing material in docket. 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. Also, if you go to the online docket and sign up
for email alerts through the ``Subscribe'' option, you will be notified
when comments/updates are posted, or a final rule is published.
Personal information. 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 information 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; and Department of
Homeland Security Delegation No. 00170.1. Revision No. 01.3.
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2. Section 117.273 is amended by:
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a. Staying paragraph (b).
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b. Adding paragraph (c) to read as follows:
Sec. 117.273 Canaveral Barge Canal.
* * * * *
(c) The drawspans of the SR 401 Drawbridges, mile 5.5 at Port
Canaveral, shall provide single-leaf openings on signal; a full opening
shall be provided with a 4-hour advance notice; except that,
(1) From 6:30 a.m. to 8 a.m. and 3:30 p.m. to 5:15 p.m. Monday
through Friday except Federal holidays and from 11 a.m. to 2 p.m. on
Saturdays and Sundays, the drawspans need not be opened for the passage
of vessels.
(2) From 10 p.m. to 6 a.m., the drawspans shall open on signal if
at least a 3-hour advance notice is given.
(3) The drawspans must open as soon as possible for the passage of
public vessels of the United States and tugs with tows.
[[Page 47234]]
Dated: September 26, 2025.
Adam A. Chamie,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Southeast
District.
[FR Doc. 2025-19114 Filed 9-30-25; 8:45 am]
BILLING CODE 9110-04-P
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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.