Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations 8071 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11H, 

Airspace Designations and Reporting 

Points, dated August 11, 2023, and 

effective September 15, 2023, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

ASO FL D Jupiter, FL [Amended] 

William P. Gwinn Airport, FL 

(Lat. 26°54′29′′ N, long. 80°19′42′′ W) 

That airspace extending upward from the 

surface to and including 2,500 feet MSL 

within a 4.5-mile radius of William P. Gwinn 

Airport. This Class D airspace area is 

effective during the specific dates and times 

established in advance by a Notice to Air 

Missions. The effective date and time will 

thereafter be continuously published in the 

Chart Supplement. 

* * * * * 

Paragraph 6004 Class E Airspace 

Designated as an Extension to Class D or E 

Surface Area. 

* * * * * 

ASO FL E4 Jupiter, FL [Removed] 

* * * * * 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO FL E5 Jupiter, FL [Amended] 

William P. Gwinn Airport, FL 

(Lat. 26°54′29′′ N, long. 80°19′42′′ W) 

That airspace extending upward from 700 

feet above the surface within a 7.5-mile 

radius of William P. Gwinn Airport. 

* * * * * 

Issued in College Park, Georgia, on January 

23, 2024. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2024–01649 Filed 2–5–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 870 

[Docket ID: OSM 2023–0010; S1D1S 

SS08011000 SX064A000 245S180110;S2D2S 

SS08011000 SX064A000 24XS501520] 

RIN 1029–AC25 

Acceptable Payment Methods 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Direct final rule. 

SUMMARY: The Office of Surface Mining 

Reclamation and Enforcement (OSMRE) 

is issuing this direct final rule to amend 

its regulations by reducing the threshold 

for electronic payment of quarterly 

Abandoned Mine Land (AML) 

reclamation fees from $25,000 to $500. 

On April 30, 2024, the U.S. Department 

of the Treasury (Treasury) will close 

OSMRE’s lockbox, which is used to 

process non-electronic reclamation fee 

payments. After April 15, 2024, 

quarterly reclamation fees of $500 or 

more must be paid by electronic 

transfer, while quarterly reclamation 

fees of less than $500 may be paid by 

electronic transfer or by check or money 

order sent to OSMRE’s Division of 

Financial Management. By reducing the 

threshold for electronic payments, 

OSMRE will receive more payments 

through electronic funds transfer, which 

will expedite and streamline its fee 

collection efforts. 

DATES: This direct final rule is effective 

April 15, 2024, without further notice, 

unless OSMRE receives significant 

adverse comment by March 7, 2024. If 

OSMRE receives a significant adverse 

comment that leads it to conclude that 

the rule is controversial, OSMRE will 

publish a timely withdrawal in the 

Federal Register. 

ADDRESSES: Send written comments 

identified by docket number OSM– 

2023–0010 or regulation identifier 

number (RIN) 1029–AC25 by the 

following method: 

• Federal e-Rulemaking Portal: 

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

instructions for submitting comments to 

docket number OSM–2023–0010. 

• U.S. Postal Service or other mail 

delivery service: Address comments to 

Division of Regulatory Support, Office 

of Surface Mining Reclamation and 

Enforcement, Department of the Interior, 

Attn: James Tyree, 1849 C Street NW, 

Mail Stop 4557, Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: 

James Tyree, Chief, Division of 

Regulatory Support, (202) 208–4479, 

jtyree@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Direct Final Rulemaking 

III. Discussion 

IV. Procedural Matters and Required 

Determinations 

I. Background 

Title IV of the Surface Mining Control 

and Reclamation Act of 1977 (SMCRA) 

(30 U.S.C. 1231–1244) created the 

Abandoned Mine Reclamation Fund, 

which is funded in part by a 

reclamation fee (also known as the 

Abandoned Mine Land (AML) fee) 

assessed on each ton of coal produced 

in the United States, and that, among 

other things, provides funding to 

eligible States and Tribes for the 

reclamation of coal mining sites 

abandoned or left in an inadequate 

reclamation status as of August 3, 1977. 

Section 402(b) of SMCRA (30 U.S.C. 

1232(b)) requires coal mine operators 

and/or permittees to pay reclamation 

fees no later than thirty days after the 

end of each calendar quarter. 

OSMRE collects these fees from coal 

mine operators and/or permittees 

through electronic funds transfer and 

non-electronic payments. Currently, 

coal mine operators and/or permittees 

are required to send non-electronic fee 

payments to OSMRE’s lockbox in 

Pittsburgh, Pennsylvania. 

In April 2018, Treasury’s Bureau of 

the Fiscal Service published a white 

paper titled, ‘‘The Future of Federal 

Financial Management,’’ which outlined 

an initiative to transform Federal 

collections by, among other things, 

reducing revenue collection lockboxes 

and increasing digitization. 

Subsequently, OSMRE received notice 

from Treasury’s General Lockbox 

Network (GLN) that it intended to close 

OSMRE’s lockbox by September 30, 

2023, as part of its effort to close all 

lockboxes functioning below a 

minimum item threshold of 1,000 items. 

(OSMRE’s lockbox receives fewer than 

400 items annually.) The GLN is a 

collection and processing service 

provided by certain financial 

institutions to help federal government 

agencies process paper checks and other 

remittance documents (not related to 

taxes) that are received through the 

mail. To allow time to amend its 

regulations, OSMRE requested a lockbox 

closure extension until April 30, 2024, 

which Treasury approved. 

OSMRE is promulgating this direct 

final rule pursuant to section 413(a) of 

SMCRA (30 U.S.C. 1242(a)), which 


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8072 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations 

authorizes the Secretary of the Interior 

to do all things necessary or expedient, 

including promulgation of rules and 

regulations, to implement and 

administer the provisions of SMCRA 

relating to abandoned mine reclamation. 

II. Direct Final Rulemaking 

OSMRE is issuing this rule as a direct 

final rule. Although the Administrative 

Procedure Act (APA, 5 U.S.C. 551–559) 

generally requires agencies to engage in 

notice and comment rulemaking, 

section 553 of the APA provides an 

exception when the agency ‘‘for good 

cause finds’’ that notice and comment 

are ‘‘impracticable, unnecessary, or 

contrary to the public interest.’’ Id. 

553(b)(B). OSMRE has determined that 

notice and comment are unnecessary 

because this rule is noncontroversial; of 

a minor, technical nature; involves little 

agency discretion; and is unlikely to 

receive any significant adverse 

comments. A significant adverse 

comment is one that explains: (1) why 

the rule is inappropriate, including 

challenges to the rule’s underlying 

premise or approach; or (2) why the 

direct final rule will be ineffective or 

unacceptable without a change. If such 

a comment is received, this direct final 

rule will be withdrawn. If no such 

comment is received, this direct final 

rule will become effective on April 15, 

2024, without further OSMRE action. A 

comment recommending an addition to 

the rule will not be considered 

significant and adverse unless the 

comment explains how this direct final 

rule would be ineffective without the 

addition. 

III. Discussion 

OSMRE is amending 30 CFR 870.16 

to: (1) reduce the threshold for 

electronic payment of quarterly AML 

fees; (2) update the instructions for 

remitting both electronic and nonelectronic payment; and (3) remove 

paragraph (c). 

OSMRE is amending 30 CFR 870.16(a) 

and (b) to reduce the threshold for 

electronic payment of quarterly AML 

fees from $25,000 to $500. By reducing 

the threshold, OSMRE will receive more 

payments through electronic funds 

transfer, which will expedite and 

streamline its fee collection efforts and 

align with Treasury’s initiative to 

transform Federal collections. However, 

coal mine operators and/or permittees 

who owe quarterly AML fees in an 

amount below the electronic payment 

threshold ($500) may still pay those fees 

using non-electronic methods. 

In addition, OSMRE is amending 30 

CFR 870.16(a)(3) by updating the 

instructions for locating the Master 

Entity Number on the OSM–1 form to 

read ‘‘Part 1-Block 3’’ instead of ‘‘Part 1- 

Block 4’’ and by revising ‘‘on the wire 

message’’ to read ‘‘with the electronic 

payment.’’ 

OSMRE is also amending 30 CFR 

870.16(b)(2) by removing the lockbox 

address and directing coal mine 

operators and/or permittees to send 

non-electronic payments to the address 

indicated in the ‘‘Instructions for 

Completing the OSM–1 Form.’’ Relying 

on the ‘‘Instructions for Completing the 

OSM–1 Form’’ to communicate the 

location where coal mine operators and/ 

or permittees must send non-electronic 

reclamation fee payments will allow 

OSMRE to update the location for nonelectronic payments in the future 

without requiring OSMRE to further 

amend its regulations. 

Finally, OSMRE is amending 30 CFR 

870.16 by removing paragraph (c), 

which explains that payment of 

reclamation fees over the electronic 

payment threshold by any means other 

than electronic funds transfer is a 

violation of SMCRA. As SMCRA clearly 

requires that coal mine operators and/or 

permittees pay reclamation fees and the 

Federal regulations clearly prescribe 

how those fee payments must be made, 

paragraph (c) is unnecessary. 

Who is impacted by this rulemaking? 

This direct final rule will impact coal 

mine operators and/or permittees who 

use non-electronic methods to pay the 

reclamation fees required under Title IV 

of SMCRA. However, ninety-eight 

percent (98%) of OSMRE’s total 

collections are already paid through 

electronic fund transfer mechanisms. 

This direct final rule will not affect 

those operators and/or permittees. 

Why is the effective date of the rule 

April 15, 2024? 

An effective date of April 15, 2024, 

will afford OSMRE the time necessary to 

deliver and process payments submitted 

to the lockbox before its closure on 

April 30, 2024. 

What if I send a payment to the lockbox 

after April 15, 2024? 

OSMRE will continue to process 

payments submitted to the lockbox 

between April 15 and April 30, 2024. 

However, if you submit a payment to 

the lockbox after April 30, 2024, it will 

be returned to you, and you will be 

required to submit payment to the 

address indicated in the ‘‘Instructions 

for Completing the OSM–1 Form’’ or 

through electronic funds transfer. If 

your reclamation fees are due and you 

fail to submit payment through either of 

the acceptable payment methods by the 

due date, your payment will be 

considered late and may be subject to 

one or more of the actions specified in 

30 CFR 870.21. 

IV. Procedural Matters and Required 

Determinations 

Executive Order 12630—Governmental 

Actions and Interference With 

Constitutionally Protected Property 

Rights 

This rule does not result in a taking 

of private property or otherwise have 

regulatory takings implications under 

Executive Order 12630. The rule 

primarily concerns a new dollar 

threshold for electronic payment of 

quarterly AML fees; therefore, the rule 

will not result in private property being 

taken for public use without just 

compensation. A takings implication 

assessment is not required. 

Executive Order 12866—Regulatory 

Planning and Review, Executive Order 

13563—Improving Regulation and 

Regulatory Review and Executive Order 

14094—Modernizing Regulatory Review 

Executive Order 12866, as amended 

by Executive Order 14094, provides that 

the Office of Information and Regulatory 

Affairs (OIRA) in the Office of 

Management and Budget (OMB) will 

review all significant rules. OIRA has 

determined that this rule is not 

significant. 

Executive Order 13563 reaffirms the 

principles of Executive Order 12866, as 

amended by Executive Order 14094, 

while calling for improvements in the 

Nation’s regulatory system to promote 

predictability, reduce uncertainty, and 

use the best, most innovative, and least 

burdensome tools for achieving 

regulatory ends. Executive Order 13563 

directs agencies to consider regulatory 

approaches that reduce burdens and 

maintain flexibility and freedom of 

choice for the public where these 

approaches are relevant, feasible, and 

consistent with regulatory objectives. 

Executive Order 13563 emphasizes 

further that agencies must base 

regulations on the best available science 

and that the rulemaking process must 

allow for public participation and an 

open exchange of ideas. OSMRE 

developed this rule in a manner 

consistent with these requirements. 

Executive Order 12988—Civil Justice 

Reform 

This direct final rule complies with 

the requirements of Executive Order 

12988. Among other things, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 


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Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations 8073 

ambiguity and be written to minimize 

litigation; 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Executive Order 13132—Federalism 

Under the criteria of section 1 of 

Executive Order 13132, this rule does 

not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. This rule will not have 

substantial direct effects 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. A federalism 

summary impact statement is not 

required. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

The Department of the Interior strives 

to strengthen its government-togovernment relationship with Indian 

tribes through a commitment to 

consultation with Tribes and 

recognition of their right to selfgovernance and Tribal sovereignty. 

OSMRE evaluated this direct final rule 

under Executive Order 13175 and the 

Department’s and OSMRE’s 

consultation policies and determined 

that it has no substantial direct effects 

on Federally recognized Indian tribes 

and that consultation under the 

Department’s or OSMRE’s Tribal 

consultation policies is not required. 

The rule merely revises OSMRE’s 

regulations to be consistent with 

Treasury’s Federal collections initiative 

and to remove unnecessary regulatory 

language. 

Executive Order 13211—Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This direct final rule is not a 

significant energy action as defined in 

Executive Order 13211. Therefore, a 

Statement of Energy Effects is not 

required. 

National Environmental Policy Act 

This direct final rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. A detailed 

statement under the National 

Environmental Policy Act (NEPA, 42 

U.S.C. 4321 et seq.) is not required 

because this rule is covered by a 

categorical exclusion applicable to 

regulatory functions ‘‘that are of an 

administrative, financial, legal, 

technical, or procedural nature.’’ 43 CFR 

46.210(i). In addition, OSMRE has 

determined that this rule does not 

involve any of the extraordinary 

circumstances listed in 43 CFR 46.215 

that would require further analysis 

under NEPA. 

Paperwork Reduction Act 

This rule does not impose any new 

information collection burden under the 

Paperwork Reduction Act. OMB 

previously approved the information 

collection activities contained in the 

existing regulations and assigned OMB 

control number 1029–0063. This rule 

does not impose an information 

collection burden because OSMRE is 

not making any changes to the 

information collection requirements. 

During routine renewal of the 

information collection and before April 

15, 2024, OSMRE will update the 

‘‘Instructions for Completing the OSM– 

1 Form’’ to reflect (1) the new electronic 

payment threshold, and (2) the new 

mailing address for non-electronic 

payments. Additionally, as part of the 

renewal, OSMRE will update the 

‘‘OSM–1 Form’’ and ‘‘Amended OSM–1 

Form’’ to reflect the new mailing 

address for non-electronic payments. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA, 

5 U.S.C. 601–612) requires an agency to 

prepare a regulatory flexibility analysis 

for all rules unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. The RFA 

applies only to rules for which an 

agency is required to first publish a 

proposed rule. See 5 U.S.C. 603(a) and 

604(a). As OSMRE is not required to 

publish a notice of proposed rulemaking 

for this direct final rule, the RFA does 

not apply. 

Congressional Review Act 

This rule is not a major rule under the 

Congressional Review Act, 5 U.S.C. 

804(2). Specifically, the direct final rule: 

(a) will not have an annual effect on the 

economy of $100 million or more; (b) 

will not cause a major increase in costs 

or prices for consumers, individual 

industries, Federal, State, or local 

Government agencies, or geographic 

regions; and (c) will not have significant 

adverse effects on competition, 

employment, investment, productivity, 

innovation, or on the ability of United 

States-based enterprises to compete 

with foreign-based enterprises in 

domestic and export markets. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

Tribal Governments, or the private 

sector, of more than $100 million per 

year. The rule does not have a 

significant or unique effect on State, 

local, or Tribal Governments, or the 

private sector. The rule merely revises 

OSMRE’s regulations to reduce the 

threshold for electronic fee payment and 

to remove unnecessary regulatory 

language. Therefore, a statement 

containing the information required by 

the Unfunded Mandates Reform Act (2 

U.S.C. 1531 et seq.) is not required. 

List of Subjects in 30 CFR Part 870 

Abandoned Mine Reclamation 

Fund—Fee Collection and Coal 

Production Reporting. 

Delegation of Signing Authority 

The action taken herein is pursuant to 

an existing delegation of authority. 

Steven H. Feldgus, 

Principal Deputy Assistant Secretary, Land 

and Minerals Management. 

For the reasons stated in the 

preamble, the Department of the 

Interior, acting through OSMRE, amends 

30 CFR part 870 as follows: 

PART 870 ABANDONED MINE 

RECLAMATION FUND—FEE 

COLLECTION AND COAL 

PRODUCTION REPORTING 

■ 1. The authority citation for part 870 

continues to read as follows: 

Authority: 28 U.S.C. 1746, 30 U.S.C. 1201 

et seq., and Pub. L. 105–277, 112 Stat. 2681. 

■ 2. Amend § 870.16 by revising 

paragraphs (a) and (b) and removing 

paragraph (c) to read as follows: 

§ 870.16 Acceptable payment methods. 

(a) If you owe total quarterly 

reclamation fees of $500 or more for one 

or more mines, you must: 

(1) Use an electronic fund transfer 

mechanism approved by the U.S. 

Department of the Treasury; 

(2) Forward payments by electronic 

transfer; 

(3) Include the applicable Master 

Entity No.(s) (Part 1-Block 3 on the 

OSM–1 Form), and OSM Document 

No.(s) (Part 1-upper right corner of the 

OSM–1 Form) with the electronic 

payment; and 

(4) Use our approved form or 

approved electronic form to report coal 

tonnage sold, used, or for which 

ownership was transferred to the 

address indicated in the Instructions for 

Completing the OSM–1 Form. 


ddrumheller on DSK120RN23PROD with RULES1
8074 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations 

(b) If you owe less than $500 in 

quarterly reclamation fees for one or 

more mines, you may: 

(1) Forward payments by electronic 

transfer in accordance with the 

procedures specified in paragraph (a) of 

this section; or 

(2) Submit a check or money order 

payable to the Office of Surface Mining 

Reclamation and Enforcement in the 

same envelope with the OSM–1 Form to 

the address indicated in the Instructions 

for Completing the OSM–1 Form. 

[FR Doc. 2024–01971 Filed 2–5–24; 8:45 am] 

BILLING CODE 4310–05–P 

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 

Jennifer.N.Zercher@uscg.mil. 

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 sixfoot 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. 


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