[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Rules and Regulations]
[Pages 76666-76667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24528]


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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, Department of Homeland Security (DHS).

ACTION: Notification of temporary deviation from regulations; reopening 
of comment period.

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SUMMARY: The Coast Guard is reopening the comment period to solicit 
additional comments concerning its notice of temporary deviation to the 
regulation governing the Florida East Coast (FEC) Railroad Bridge, 
across the Okeechobee Waterway (OWW), mile 7.41, at Stuart, FL. The 
expected increase in railway service was delayed and did not commence 
until late September 2023. Due to this delay, it was determined that we 
did not afford the public adequate opportunity to provide comments. We 
are reopening the comment period to allow the public more time to 
comment. The comment period is now open until November 30, 2023.

DATES: The comment period for the temporary deviation published August 
11, 2023 (88 FR 54487) is reopened. Comments and relate material must 
reach the Coast Guard on or before November 30, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0222 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 
temporary deviation, call, or email Ms. Jennifer Zercher, Bridge 
Management Specialist, Seventh Coast Guard District; telephone 305-415-
6740, email <a href="/cdn-cgi/l/email-protection#89c3ece7e7e0efecfba7c7a7d3ecfbeae1ecfbc9fcfaeaeea7e4e0e5"><span class="__cf_email__" data-cfemail="266c4348484f4043540868087c4354454e43546653554541084b4f4a">[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
FEC Florida East Coast
FL Florida

II. Background and Purpose

    On June 23, 2023, we published a temporary deviation entitled, 
``Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL'' in 
the Federal Register (88 FR 37470). The original comment period closed 
on August 4, 2023. Based on the comments received and other concerns 
that were voiced by the public, we rescinded that test deviation, and 
published a new one.
    On August 11, 2023, we published second a temporary deviation 
entitled, ``Drawbridge Operation Regulation; Okeechobee Waterway, 
Stuart, FL'' in the Federal Register (88 FR 54487). The second comment 
period closed on October 15, 2023. The temporary deviations are testing 
a more predictable operating schedule for the FEC Railroad Bridge and 
contains useful background and analysis related to the temporary 
deviation. The public is encouraged to review the temporary deviation.
    We originally set a 60-day comment period for the temporary 
deviation and determined reopening the comment period until the end of 
the temporary deviation is necessary due to the delay in the start of 
additional railway service. Additional railway service was delayed and 
did not commence until late September 2023. We feel the start of 
additional railway service so close to the end of the comment period 
did not afford the public adequate opportunity to provide comments.
    This notice to reopen the comment period ensures notice and 
opportunity to comment on the operation of the drawbridge before 
determining whether a permanent change to the schedule is needed.
    The comment period is now open through November 30, 2023. Any 
comments received in the period between when the initial comment period 
closed on October 15, 2023 and the reopening of the comment period on 
November 7, 2023 will also be considered.
    This notice is issued under authority of 33 U.S.C. 1223 and 5 
U.S.C. 552.

III. 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

[[Page 76667]]

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- 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 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 
test 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 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 comments, future actions or 
updates are posted to the docket.
    We review all comments received, but we will only post comments 
that address the topic of the test deviation. 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).

    Dated: October 30, 2023.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh 
District.
[FR Doc. 2023-24528 Filed 11-6-23; 8:45 am]
BILLING CODE 9110-04-P


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