73808 Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Proposed Rules 

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: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

modify 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 anticipated increase in railway 

activity on the adjacent railroad bridge, 

this proposed modification will allow 

the bridges to operate in concert. The 

drawbridge name in the regulation is 

incorrect and will be changed. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

November 27, 2023. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2023–0658 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 e- mail Ms. Jennifer Zercher, 

Bridge Management Specialist, Seventh 

Coast Guard District; telephone 305– 

415–6740, email Jennifer.N.Zercher@

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 

FDOT Florida Department of 

Transportation 

II. Background, Purpose and Legal 

Basis 

The Roosevelt (US1) 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 

found in 33 CFR 117.317(d). Navigation 

on the waterway is commercial and 

recreational. 

The Coast Guard is proposing to 

modify the drawbridge operating 

schedule 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 anticipated increase in railway 

activity on the adjacent railroad bridge, 

this proposed modification will allow 

the bridges to operate in concert. 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 

NPRM 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, 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 2358 comments on those 

publications. 

The Coast Guard asked the public if 

the SR 707 (Dixie Highway) Bridge 

opening schedule should mirror the 

operating schedule of the FEC Railroad 

Bridge. 172 comments were received 

regarding this question. 97 comments 

stated the SR 707 (Dixie Highway) 

Bridge and the FEC Railroad Bridge 

should have similar coordinated 

scheduled openings. We have 

determined that placing the highway 

bridge on demand will allow the bridges 

to coordinate openings given the unique 

operation of the railroad bridge. The 

difference in navigational clearances 

requires the railroad bridge to be open 

for specific lengths of times and when 

trains are not crossing. The highway 

bridge is not as restrictive to navigation 

and does not require a stricter operating 

schedule. 52 comments stated the 

highway bridge should operate on 

demand with the railroad bridge 

operating the same. Railway operations 

are dynamic and on demand openings 

are not sustainable for the rail industry. 

The anticipated increase in railway 

activity necessitates this proposed 

change in the operating schedule for the 

highway bridge to allow the bridges to 

operate in concert. Seven comments 

recommended the highway bridge 

remain unchanged and the railroad 

bridge should operate per the highway 

bridge regulation. The highway bridge 

no longer requires the published 

operating schedule since the US1 

Roosevelt Bridge was constructed and 

open to vehicle traffic. Again, railway 

operations are dynamic and on demand 

openings are not sustainable for the rail 

industry. The remaining comments were 

not considered as the responses 

included the highway bridge should be 

permanently removed, the operating 

schedules should be the same if the 

railroad bridge was rebuilt at a higher 

vertical clearance and the operating 

schedule of either bridge was not known 

so a response could not be provided. 

On June 8, 2023, the Coast Guard 

published a Temporary Deviation 

entitled, ‘‘Drawbridge Operation 

Regulation; Okeechobee Waterway, 

Stuart, FL’’ in the Federal Register (88 

FR 37470). The comment period ended 

on August 4, 2023, with 342 comments 

received. 

The comments received were not 

specific to the SR 707 (Dixie Highway) 

Bridge but directed toward the 

operation of the railroad bridge. Given 

the dynamic and uncertain nature of the 

operation of the railroad bridge, the SR 

707 (Dixie Highway) Bridge has been 

removed from docket number USCG– 

2022–0222 to allow separate rulemaking 

for the highway bridge to operate on 

demand. 

III. Discussion of Proposed Rule 

Under this proposed rule, the SR 707 

(Dixie Highway) Bridge will open on 

demand except when the adjacent 

railroad bridge is in the closed position, 

the drawbridge need not open. The 

draw must open immediately upon 

opening of the railroad bridge to pass all 

accumulated vessels which request an 

opening. Vessels that can pass beneath 

the bridge without an opening may do 

so at any time. 

IV. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Proposed Rules 73809 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on 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 NPRM has not been 

designated a ‘‘significant regulatory 

action,’’ under Executive Order 12866. 

Accordingly, the NPRM 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 bridge 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 certifies under 5 U.S.C. 

605(b) that this proposed rule would 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 IV.A above this 

proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed rule. If the 

proposed 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. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

C. Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

D. Federalism and Indian Tribal 

Governments 

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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would 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. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule will not result in such an 

expenditure, we do discuss the effects of 

this proposed 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 proposed 

rule promulgates the operating 

regulations or procedures for 

drawbridges. Normally such actions are 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table 3–1 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. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

V. 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 through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2023–0658 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 https://

www.regulations.gov, 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 https://

www.regulations.gov Frequently Asked 

Questions web page. Also, if you go to 

the online docket and sign up for email 

alerts, you will be notified when 


ddrumheller on DSK120RN23PROD with PROPOSALS1
73810 Federal Register / Vol. 88, No. 207 / Friday, October 27, 2023 / Proposed Rules 

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 the proposed rule. 

We may choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov 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 proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and DHS Delegation No. 00170.1, Revision 

No.01.3 

■ 2. Amend § 117.317 by revising 

paragraph (d) to read as follows: 

§ 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: October 13, 2023. 

Douglas M. Schofield, 

Rear Admiral, U.S. Coast Guard, Commander, 

Coast Guard Seventh District. 

[FR Doc. 2023–23757 Filed 10–26–23; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 25, 74, 78, 90, 97, and 

101 

[ET Docket No. 23–120; FCC 23–26; FR ID 

181076] 

Implementation of the Final Acts of the 

2015 World Radio Communication 

Conference; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; correction. 

SUMMARY: This document corrects the 

preamble to a proposed rule published 

in the Federal Register of September 29, 

2023, concerning implementation of 

certain allocation decisions from the 

Final Acts of the World 

Radiocommunication Conference 2015. 

The document provided an incorrect 

comment date and reply comment date. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, contact Jamie 

Coleman of the Office of Engineering 

and Technology, Policy and Rules 

Division, Spectrum Policy Branch, at 

(202) 418–2705 or Jamie.Coleman@

fcc.gov. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of September 

29, 2023, in FR Doc. 2023–19383, on 

page 67160, in the third column, correct 

the DATES caption to read: 

DATES: Interested parties may file 

comments on or before November 28, 

2023; and reply comments on or before 

December 28, 2023. All filings must 

refer to ET Docket No. 23–120. 

This is a summary of the 

Commission’s Notice of Proposed 

Rulemaking (NPRM) in ET Docket No. 

23–120; FCC 23–26, adopted on April 

18, 2023, and released on April 21, 

2023. The full text of this document is 

available for public inspection online at 

https://docs.fcc.gov/public/ 

attachments/FCC-23-26A1.pdf. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2023–23673 Filed 10–26–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 231023–0250] 

RIN 0648–BM60 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Pacific Coast Groundfish Fishery 

Management Plan; 2024 Specifications 

and Management Measures 

Corrections 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This rule proposes to correct 

2024 harvest specifications for several 

species of groundfish where the 

numerical values were mathematically 

calculated incorrectly and do not 

accurately reflect the harvest policy 

recommendations of the Pacific Fishery 

Management Council (Council). These 

harvest specifications are for groundfish 

caught in the U.S. exclusive economic 

zone seaward of Washington, Oregon, 

and California, consistent with the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) and the Pacific 

Coast Groundfish Fishery Management 

Plan (PCGFMP). This proposed rule 

would revise harvest limits or 

allocations that were calculated based 

on incorrect annual catch limits. This 

action would implement corrected 

numerical values that align with the 

Council’s intended harvest policy 

decisions and considers the most recent 

fishery information available at the time 

those policies were recommended. 

DATES: Comments must be received no 

later than November 13, 2023. 

ADDRESSES: Submit your comments on 

the proposed rule identified by NOAA– 

NMFS–2023–0108, by the following 

method: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2023–0108 in the Search 

box. Click the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Instructions: Comments must be 

submitted by the above method to 

ensure that the comments are received, 

documented, and considered by NMFS. 

Comments sent by any other method, to 

any other address or individual, or 

received after the end of the comment 

period, may not be considered. All 

comments received are a part of the 

public record and NMFS will post for 

public viewing on https://

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.), confidential 

business information, or otherwise 

sensitive information submitted 

voluntarily by the sender is publicly 

accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Electronic Access 

This rulemaking is accessible via the 

internet at the Office of the Federal 

Register website at https:// 


ddrumheller on DSK120RN23PROD with PROPOSALS1