72412 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Proposed Rules 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 45 

[Docket ID: DOD–2023–OS–0065] 

RIN 0790–AL70 

Medical Malpractice Claims by 

Members of the Uniformed Services 

AGENCY: Department of Defense Office 

of General Counsel, DoD. 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The Department of Defense 

(DoD) proposes to amend the 

regulations governing medical 

malpractice claims by members of the 

uniformed services to adjust and update 

certain portions of the regulation related 

to calculation of damages. Currently, 

total potential damages are reduced by 

offsetting most of the compensation 

otherwise provided or expected to be 

provided by DoD or the Department of 

Veterans Affairs (VA) for the same harm 

that is the subject of the medical 

malpractice claim. The amendments 

would apply offsets to economic 

damages only. The amendments would 

also clarify when future lost wages may 

be awarded. 

DATES: Comments will be accepted on or 

before December 19, 2023. The changes 

in the proposed rule would apply to 

claims received by DoD on or after the 

date the final rule is published in the 

Federal Register and to claims pending 

before DoD on that date. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

regulatory identifier number (RIN) and 

title, by any of the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Department of Defense, Office 

of the Assistant to the Secretary of 

Defense for Privacy, Civil Liberties, and 

Transparency, Regulatory Directorate, 

4800 Mark Center Drive, Attn: Mailbox 

24, Suite 08D09, Alexandria, VA 22350– 

1700. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the internet at http://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Melissa D. Walters, (703) 681–6027. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 2733a of title 10, United 

States Code, allows members of the 

uniformed services or their authorized 

representatives to file claims, and the 

Secretary of Defense to pay such claims, 

for personal injury or death caused by 

a DoD health care provider in a covered 

military medical treatment facility, as 

defined in that section. DoD published 

an interim final rule to establish 

uniform standards and procedures for 

adjudicating these claims on June 17, 

2021 (86 FR 32194) and a final rule on 

August 26, 2022 (87 FR 52446). 

II. Explanation of Changes With This 

Rule 

The proposed amendments to 32 CFR 

45.11 would apply offsets for payments 

made by the U.S. Government to 

economic damages only. Under the 

current version of 32 CFR 45.11, total 

potential damages are reduced by 

offsetting most of the compensation 

otherwise provided or expected to be 

provided by DoD or VA for the same 

harm that is the subject of the medical 

malpractice claim. 

The amendments would also clarify 

that future lost wages may be awarded: 

(1) until the time DoD determines that 

the claimant is, or is expected to be, 

medically rehabilitated and able to 

resume employment; (2) in cases of 

permanent incapacitation, until 

expiration of the claimant’s work-life 

expectancy; or (3) in cases of death, 

until the expiration of the claimant’s 

work-life expectancy, after deducting for 

the claimant’s personal consumption. 

III. Section-by-Section Discussion 

The following is a section-by-section 

overview of the amendments in this 

rulemaking. 

Section 45.1—Purpose of this part. 

Proposed § 45.1(b) eliminates a 

reference to the total value of 

compensation the claimant is expected 

to receive under a comprehensive 

system of compensation for death or 

disability being subject to offset. 

Instead, it generally refers to § 45.11, 

which relates to offsets. 

Section 45.9—Calculation of damages: 

economic damages. Proposed 

§ 45.9(b)(4) changes ‘‘loss of earning 

capacity’’ to ‘‘future lost earnings’’ to 

parallel ‘‘past lost earnings’’ in 

§ 45.9(b)(3). Proposed § 45.9(b)(4) 

includes a change to account for future 

lost earnings until the time DoD 

determines that the claimant is, or is 

expected to be, medically rehabilitated 

and able to resume employment or, in 

cases of permanent incapacitation, until 

expiration of the claimant’s work-life 

expectancy. Future lost earnings must 

be substantiated by appropriate 

documentation and claimants have an 

obligation to mitigate damages. 

Proposed § 45.9(d) is added to 

indicate that an injury or condition does 

not result in lost earnings for purposes 

of this regulation if the lost earnings are 

the result of disability discrimination. 

Lost earnings stemming from disability 

discrimination may be settled and paid 

under other provisions of law and 

therefore are not compensable under 

this regulation. 

For example, if a claimant suffers 

severe facial disfigurement as a result of 

medical malpractice but because a 

potential employer discriminates 

against that claimant for fear of negative 

reactions to the disfigurement, the 

claimant’s redress for the inability to 

obtain employment would be under 

provisions of law relating to 

employment discrimination and not 

under 10 U.S.C. 2733a. 

Section 45.10—Calculation of 

damages: non-economic damages. 

Proposed § 45.10(a) includes language 

currently in § 45.10(b) regarding proof of 

a claimant’s non-economic damages that 

DoD may require. This amendment 

keeps information relating to the proof 

of non-economic damages together for 

clarity. 

Proposed § 45.10(b) consolidates the 

description of the elements of noneconomic damages into one paragraph. 

This eliminates confusion that might 

arise from separating conscious pain 

and suffering from disfigurement, as a 

single amount is awarded for all noneconomic damages. 

Section 45.10(c) removes the amount 

of the cap on non-economic damages 

from the regulatory text. This change 

eliminates the need for publication of 

conforming administrative amendments 

to the regulation each time updates to 

the cap amount are published via 

Federal Register notice. 

Section 45.11—Calculation of 

damages: offsets for DoD and VA 

Government compensation. In the 

current version of the regulation, total 

potential damages calculated under this 

part, both economic and non-economic, 

are reduced by offsetting most of the 

compensation otherwise provided, or 

expected to be provided, by DoD or VA 

for the same harm that is the subject of 

the medical malpractice claim. Under 

the proposed amendments, offsets are 

applied to economic damages only. 

Proposed § 45.11(a) states that total 

potential economic damages calculated 

under this part are reduced by offsetting 


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most of the compensation otherwise 

provided, or expected to be provided, by 

DoD or VA for the same harm that is the 

subject of the medical malpractice 

claim. This is a change from the current 

rule, which makes all offsets from the 

total potential economic and noneconomic damages. Compensation 

received from DoD or VA that does not 

relate to the malpractice is still 

excluded from the offset. Under 

§ 45.4(c), claimants have the burden of 

substantiating their claim by a 

preponderance of the evidence and, 

under §§ 45.9(a) and 45.10(a), the 

burden of proving the amount of 

damages by a preponderance of the 

evidence. This change makes it clear 

that DoD has the burden of establishing 

the applicability and amount of any 

offsets from the amount of damages 

otherwise payable to the claimant. 

Proposed § 45.11(c), formerly 

§ 45.11(d) in the current regulation, 

states that present value is used to 

calculate offsets against economic 

damages. This change is necessary with 

the proposed change to offset economic 

damages only. An award of future lost 

earnings and retirement benefits is 

reduced to present value, so the 

offsetting compensation for future lost 

earnings and retirement benefits must 

also be reduced to present value. 

Proposed § 45.11(d) contains the same 

language as § 45.11(c) in the current 

regulation, with the addition of 

language from § 45.11(a) in the current 

regulation stating that claimants must 

provide information not available to 

DoD, but requested by DoD, for the 

purpose of determining offsets. 

Proposed § 45.11(e) combines what is 

currently in §§ 45.11(e) through (g) in 

the current regulation. Proposed 

§ 45.11(e) removes the reference to pay 

and allowances while a member 

remains on active duty, or in an active 

status, as an offset because the member 

receiving these pay and allowances has 

not lost earnings. 

IV. Regulatory Analysis 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health, and safety 

effects; distribution of impacts; and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This 

proposed rule has been determined to 

be a significant regulatory action, 

although not economically significant. 

Accordingly, it has been reviewed by 

the Office of Management and Budget as 

required by these Executive orders. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601 et seq.) 

The General Counsel of the 

Department of Defense certified that this 

proposed rule is not subject to the 

Regulatory Flexibility Act (5 U.S.C. 601) 

because it would not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities. 

Therefore, the Regulatory Flexibility 

Act, as amended, does not require a 

regulatory flexibility analysis. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1532) requires agencies to assess 

anticipated costs and benefits before 

issuing any rule whose mandates 

require non-Federal spending in any 

one year of $100 million in 1995 dollars, 

updated annually for inflation. This 

proposed rule does not mandate any 

requirements for State, local, or tribal 

governments, nor affect private sector 

costs. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been determined that this 

proposed rule does not impose new 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act of 

1995. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has federalism implications. 

This proposed rule does not have a 

substantial effect on State and local 

governments. 

Executive Order 13175, ‘‘Consultation 

and Coordination With Indian Tribal 

Governments’’ 

Executive Order 13175 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

compliance costs on one or more Indian 

tribes, preempts tribal law, or affects the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. This 

rulemaking will not have a substantial 

effect on Indian tribal governments. 

V. Impact of This Regulation 

a. Summary 

The proposed amendments adjust and 

update certain portions of the regulation 

related to calculation of damages. The 

amendments would apply offsets to 

economic damages only. The 

amendments would also clarify when 

future lost wages may be awarded. 

b. Affected Population 

At the end of Fiscal Year 2022, there 

were approximately 1,410,000 Active 

Duty Service members, and 440,000 

Reserve and National Guard members 

eligible for DoD healthcare benefits. 

These uniformed Service members will 

be able to file claims with DoD alleging 

malpractice from care at DoD military 

medical treatment facilities as defined 

in section 2733a. 

c. Costs 

DoD does not estimate that any 

additional claims will be filed as a 

result of the proposed amendments to 

the regulation. Since the enactment of 

section 2733a, individuals who believe 

they have been subjected to malpractice 

have filed claims involving injuries 

ranging from minor injuries to death, 

regardless of the potential application of 

offsets. 

d. Transfers 

Regardless of the number of claims in 

which malpractice occurred, the only 

claims in which damages will be 

awarded are those which exceed the 

offsets for any payment to be made. The 

proposed changes solely impact noneconomic damages. No changes are 

proposed that would impact offsets from 

economic damages. 

Based on claims adjudicated under 

this part in 2021 and 2022, four claims 

were adjudicated in which offsets were 

applied. The outcome would have been 

different in only one of these claims had 

the proposed amendments been in 

effect. In that one claim, $200,000 of the 

potential non-economic damages was 

subject to offset. This $200,000 would 

not have been offset from non-economic 

damages under the proposed changes. 

Claims in 2021 and 2022 may not 

necessarily be representative of claims 

in future years. Claims were accepted 

beginning January 1, 2020, but could 

only begin to be adjudicated beginning 

on July 17, 2021, when the Interim Final 

Rule became effective. The first claims 

adjudicated under this new process 


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72414 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Proposed Rules 

were claims that did not require a 

decision on the merits of whether 

malpractice occurred, such as claims 

that were denied because the alleged 

malpractice fell outside the statute of 

limitations in 10 U.S.C. 2733a(b)(4). Just 

as with claim resolution processes 

involving non-Service member claims, 

more complex claims, which tend to 

involve higher amounts of damages, 

require time for review. Since Service 

members’ claims have only been able to 

be adjudicated since July 17, 2021, more 

complex claims may still be under 

adjudication, and the one claim that 

would have had a different outcome in 

2021 and 2022 may not be 

representative of the number of claims 

that would be impacted going forward. 

Taking the limited information into 

account, DoD estimates that the changes 

to the regulation would affect 2 claims 

per year, instead of basing its estimate 

on the one historical claim that would 

have been impacted. The average of the 

non-economic damages at issue in the 

four claims in which offsets were 

applied was $337,500. Assuming 

$337,500 additional would be paid in 2 

claims, the estimated total cost to the 

government therefore would be 

$675,000. Of this, the first $100,000 of 

each of the two claims would be paid by 

DoD, with the remainder to be paid by 

the Treasury. 

e. Benefits 

The proposed changes to the 

regulation will allow some Service 

members to receive compensation for 

non-economic damages that they would 

not have been able to receive under the 

current regulation. The changes afford 

some Service members additional 

compensation in light of the noneconomic harms they have experienced 

as a result of malpractice. 

List of Subjects in 32 CFR Part 45 

Medical, Malpractice, Claims, 

Uniformed Services. 

Accordingly, the Department of 

Defense proposes to amend 32 CFR part 

45 to read as follows: 

PART 45—MEDICAL MALPRACTICE 

CLAIMS BY MEMBERS OF THE 

UNIFORMED SERVICES 

■ 1. The Authority for part 45 continues 

to read as follows: 

Authority: 10 U.S.C. 2733a. 

■ 2. Amend § 45.1 by revising paragraph 

(b) to read as follows: 

§ 45.1 Purpose of this part. 

* * * * * 

(b) Relationship to military and 

veterans’ compensation programs. 

Federal law provides a comprehensive 

system of compensation for military 

members and their families in cases of 

death or disability incurred in military 

service. This system applies to all 

causes of death or disability incurred in 

service, whether due to combat injuries, 

training mishaps, motor vehicle 

accidents, naturally occurring illnesses, 

or household events, with limited 

exceptions (e.g., when the member is 

absent without leave or the injury is due 

to the member’s intentional misconduct 

or willful negligence). This 

comprehensive compensation system 

applies to cases of personal injury or 

death caused by medical malpractice 

incurred in service as it does to all other 

causes. This part provides for the 

possibility of separate compensation in 

certain cases of medical malpractice but 

in no other type of case. A medical 

malpractice claim under this part will 

have no effect on any other 

compensation the member or the 

member’s family is entitled to under the 

comprehensive compensation system 

applicable to all members. However, if 

the U.S. government makes a payment 

for harm caused by malpractice, this 

payment reduces the potential damages 

under this part as provided in § 45.11. 

* * * * * 

■ 3. Amend § 45.9 by revising paragraph 

(b)(4) and adding paragraph (d) to read 

as follows: 

§ 45.9 Calculation of damages: economic 

damages. 

* * * * * 

(b) * * * 

(4) Future lost earnings: 

(i) Until DoD determines that the 

claimant is, or is expected to be, 

medically rehabilitated and able to 

resume employment; 

(ii) In cases of permanent 

incapacitation, until expiration of the 

claimant’s work-life expectancy; or 

(iii) In cases of death, until the 

expiration of the claimant’s work-life 

expectancy, after deducting for the 

claimant’s personal consumption. 

(iv) Future lost earnings must be 

substantiated by appropriate 

documentation and claimants have an 

obligation to mitigate damages. 

(v) In addition, loss of retirement 

benefits is compensable and similarly 

discounted after appropriate 

deductions. Estimates for future lost 

earnings and retirement benefits must 

be discounted to present value. 

* * * * * 

(d) Disability discrimination. An 

injury or condition does not result in 

lost earnings for purposes of, and is not 

compensable under, this regulation if 

the lost earnings stem from disability 

discrimination, which may be settled 

and paid under other provisions of law. 

* * * * * 

■ 4. Amend § 45.10 by revising 

paragraphs (a) through (c) to read as 

follows: 

§ 45.10 Calculation of damages: noneconomic damages. 

(a) In general. Non-economic damages 

are one component of a potential 

damages award. The claimant has the 

burden of proof on the amount of noneconomic damages by a preponderance 

of evidence. DoD may request an 

interview of or statement from the 

claimant or other person with primary 

knowledge of the claimant. DoD may 

also require medical statements 

documenting the claimant’s condition 

and, in cases of disfigurement, 

photographs documenting the 

claimant’s condition. 

(b) Elements of non-economic 

damages. Non-economic damages 

include pain and suffering; physical 

discomfort; mental and emotional 

trauma or distress; loss of enjoyment of 

life; physical disfigurement resulting 

from an injury to a member that causes 

diminishment of beauty or symmetry of 

appearance rendering the member 

unsightly, misshapen, imperfect, or 

deformed; and the inability to perform 

daily activities that one performed prior 

to injury, such as recreational activities. 

Such damages are compensable as part 

of non-economic damages. 

(c) Cap on non-economic damages. In 

any claim under this part, total noneconomic damages may not exceed a 

cap amount published by DoD via a 

Federal Register notice. DoD will 

periodically publish updates to this cap 

amount via Federal Register notices, 

consistent with changes in prevailing 

amounts in the majority of the States 

with non-economic damages caps. 

* * * * * 

■ 5. Amend § 45.11 by: 

■ a. Revising paragraph (a); 

■ b. Redesignating paragraph (c) and (d) 

as paragraphs (d) and (c), respectively; 

■ c. Revising the first sentence in the 

newly redesignated paragraph (c); 

■ d. Adding a sentence to the end of the 

newly redesignated paragraph (d); 

■ e. Revising paragraph (e); and 

■ f. Removing paragraphs (f) and (g). 

The revisions and additions read as 

follows: 

§ 45.11 Calculation of damages: offsets for 

DoD and VA Government compensation. 

(a) In general. Total potential 

economic damages calculated under this 

part are reduced by offsetting most of 

the compensation otherwise provided or 

expected to be provided by DoD or VA 


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for the same harm that is the subject of 

the medical malpractice claim. DoD has 

the burden to establish the applicability 

and amount of any offsets. 

* * * * * 

(c) Present value of future payments 

and benefits. In determining offsets 

under this section from economic 

damages, DoD will use the present value 

of future payments and benefits. * * * 

(d) Information considered. * * * 

Claimants must provide information not 

available to DoD, but requested by DoD, 

for the purpose of determining offsets. 

(e) Benefits and payments that may be 

considered as potential offsets. The 

general rule is that potential damages 

calculated under this part may be offset 

only by DoD or VA payments and 

benefits that are primarily funded by 

Government appropriations. Potential 

damages calculated under this part are 

not offset by U.S. Government payments 

and benefits that are substantially 

funded by the military member. The 

following examples are provided for 

illustrative purposes only, are not allinclusive, and are subject to adjustment 

as appropriate. 

(1) The following DoD and VA 

payments and benefits are primarily 

funded from Government 

appropriations and will be offset: 

(i) Disability retired pay in the case of 

retirement due to the disability caused 

by the alleged medical malpractice. 

(ii) Disability severance pay in the 

case of non-retirement disability 

separation caused by the alleged 

medical malpractice. 

(iii) Incapacitation pay. 

(iv) Involuntary and voluntary 

separation pays and incentives. 

(v) Death gratuity. 

(vi) Housing allowance continuation. 

(vii) Survivor Benefit Plan. 

(vii) VA disability compensation, to 

include Special Monthly Compensation, 

attributable to the disability resulting 

from the malpractice. 

(ix) VA Dependency and Indemnity 

Compensation, attributable to the 

disability resulting from the 

malpractice. 

(x) Special Survivor Indemnity 

Allowance. 

(xi) Special Compensation for 

Assistance with Activities of Daily 

Living. 

(xii) Program of Comprehensive 

Assistance for Family Caregivers. 

(xiii) Fry Scholarship. 

(xiv) TRICARE coverage, including 

TRICARE-for-Life, for a disability 

retiree, family, or survivors. Future 

TRICARE coverage is part of the 

Government’s compensation package for 

a disability retiree or survivor. 

(2) The following U.S. Government 

payments and benefits are substantially 

funded by the military members or are 

otherwise generally not eligible for 

consideration as potential offsets: 

(i) Servicemembers Group Life 

Insurance. 

(ii) Traumatic Servicemembers Group 

Life Insurance. 

(iii) Social Security disability benefits. 

(iv) Social Security survivor benefits. 

(v) Prior Government contributions to 

a Thrift Savings Plan. 

(vi) Commissary, exchange, and 

morale, welfare, and recreation facility 

access. 

(vii) Value of legal assistance and 

other services provided by DoD. 

(viii) Medical care provided while in 

active service or in an active status prior 

to death, retirement, or separation. 

Dated: October 12, 2023. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2023–23013 Filed 10–19–23; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2023–0652] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway, at 

Jupiter, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

temporarily modify the operating 

schedule that governs the Indiantown 

Road Bridge across the Atlantic 

Intracoastal Waterway (AICW), mile 

1006.2, at Jupiter, Florida. This action is 

necessary to alleviate vehicle traffic 

congestion on the Indiantown Road 

Bridge caused by the replacement and 

closure of a nearby bridge. Once 

construction of the nearby bridge has 

been completed, the Indiantown Road 

Drawbridge will return to normally 

scheduled operations. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

November 20, 2023. 

The Coast Guard anticipates that this 

proposed rule will be effective from 

12:01 a.m. on December 30, 2023, 

through 11:59 p.m. on August 31, 2025. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2023–0652 using Federal Decision 

Making Portal at https://

www.regulations.gov. 

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 proposed 

rule, call or email Mr. Leonard Newsom, 

Seventh District Bridge Branch, Coast 

Guard; telephone (305) 415–6946, email 

Leonard.D.Newsom@uscg.mil. 

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) 

§ Section 

U.S.C. United States Code 

FL Florida 

AICW Atlantic Intracoastal Waterway 

FDOT Florida Department of 

Transportation 

II. Background, Purpose and Legal 

Basis 

Indiantown Road Bridge across the 

Atlantic Intracoastal Waterway (AICW), 

mile 1006.2, at Jupiter, Florida, is a 

double-leaf bascule bridge with 35 feet 

of vertical clearance in the closed 

position. The normal operating schedule 

for the bridge is set forth in 33 CFR 

117.261(q). Navigation on the waterway 

consists of recreational and commercial 

mariners. 

The bridge owner, Florida Department 

of Transportation (FDOT), requested the 

Coast Guard consider allowing this 

change during the replacement and 

closure of a nearby bridge. The closing 

of the nearby bridge has resulted in 

significant increase in vehicle traffic 

congestion of the area. The only 

alternate route for land traffic to access 

the mainland is via the Donald Ross 

Bridge approximately 4.5 miles south of 

the Indiantown Road Bridge. This 

proposed temporary rule will reduce the 

number of drawbridge openings which 

will subsequently allow local vehicle 

traffic to flow with reduced obstructions 

and delays. 

III. Discussion of Proposed Rule 

The proposed temporary rule will 

allow the drawbridge to remain closed 

to navigation during weekday vehicle 

commuting hours. Under this proposed 

temporary rule, the drawbridge would 

remain closed to vessel traffic daily 


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