```

[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Rules and Regulations]
[Pages 8074-8075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02389]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0222]

Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of temporary deviation from regulations; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is modifying a temporary deviation from the 
operating schedule that governs the Florida East Coast (FEC) Railroad 
Bridge, across the Okeechobee Waterway (OWW), mile 7.41, at Stuart, 
Florida. This modification tests an alternate temporary deviation to 
determine if the updated mobile application and simplified drawbridge 
opening requirements are reliable and predictable and will meet the 
reasonable needs of navigation and competing modes of transportation 
given the increase in railway activity. The Coast Guard is seeking 
comments from the public regarding this deviation.

DATES: This deviation is effective from 12:01 a.m. on February 12, 
2024, through 11:59 p.m. on August 9, 2024.
    Comments and related material must reach the Coast Guard on or 
before May 6, 2024.

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 571-607-
5951, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis

    The Florida East Coast (FEC) Railroad Bridge across the Okeechobee 
Waterway (OWW), mile 7.41, at Stuart, Florida, 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).
    On August 11, 2023, the Coast Guard published a temporary deviation 
entitled ``Drawbridge Operation Regulation; Okeechobee Waterway, 
Stuart, FL'' in the Federal Register (88 FR 54487). That temporary 
deviation, effective from 12:01 a.m. on August 15, 2023, through 11:59 
p.m. on December 17, 2023, allowed the drawbridge to operate on a more 
predictable schedule due to the significant increase in railway 
activity.
    On November 7, 2023, the Coast Guard published a notice reopening 
the comment period until November 30, 2023, because service was delayed 
on the passenger train (88 FR 76666).
    On December 7, 2023, the Coast Guard published a temporary 
deviation modification which extended the temporary deviation through 
12:59 p.m. on February 11, 2024. This action was necessary to allow the 
Coast Guard sufficient time to review public comments, while providing 
continuity in the operation of the drawbridge to determine if the 
temporary deviation will meet the reasonable needs of competing modes 
of transportation or if an alternate temporary deviation may be needed 
(88 FR 85111).
    The Coast Guard has determined an alternate temporary deviation 
should be considered based on comments and feedback from marine 
industries and the bridge owner. Of the 216 comments received, 185 were 
unrelated to the temporary deviation and were not taken into 
consideration when developing this alternate temporary deviation. There 
were 16 comments received that stated the temporary deviation does not 
provide sufficient time for marine traffic, but no extenuating 
information was given to support that comment. The remaining comments 
stated the mobile application was not reliable as it was not accurately 
displaying the status of the drawbridge. Mariners were unable to plan 
for transits as the mobile application would show the drawbridge open 
to navigation, but the bridge was closed to navigation for the passage 
of rail traffic when mariners arrived at the bridge. It was discovered 
the mobile application was not updated with the full train schedule for 
both freight and passenger rail service. We are testing this alternate 
temporary deviation to determine if the updated mobile application and 
simplified drawbridge opening requirements are reliable and predictable 
and will meet the reasonable need of navigation.
    Under this temporary deviation modification from 12:01 a.m. on 
February 12, 2024, through 11:59 p.m. on August 9, 2024, the FEC 
Railroad Bridge 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. However, the bridge 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.).
    Notwithstanding the above paragraph, 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.
    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.
    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.
    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.
    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.

[[Page 8075]]

    Signs will be posted and visible to marine traffic, displaying VHF 
radio contact information, application information, and the telephone 
number for the bridge tender.
    During the temporary deviation, 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.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedules immediately at the end of the effective 
period of this temporary deviation. This deviation from the operating 
regulation is authorized pursuant to 33 CFR 117.35.

II. 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 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.
    View material in the docket. To view documents mentioned in this 
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 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 this deviation. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    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: January 31, 2024.
Randall D. Overton,
Director, Bridge Administration, Seventh Coast Guard District.
[FR Doc. 2024-02389 Filed 2-5-24; 8:45 am]
BILLING CODE 9110-04-P
```