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[Federal Register Volume 90, Number 25 (Friday, February 7, 2025)]
[Rules and Regulations]
[Pages 9126-9128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02368]

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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, DHS.

ACTION: Temporary interim rule; request for comments.

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SUMMARY: The Coast Guard is reinstating the temporarily modified 
operating schedule that governs the Florida East Coast (FEC) Railroad 
Bridge, across the Okeechobee Waterway (OWW), mile 7.41, at Stuart, FL. 
This action allows for continuity for drawbridge operations while the 
Coast Guard evaluates documentation received for a request to 
permanently change the operating regulation. This temporary interim 
rule will be in place until May 31, 2025.

DATES: This temporary interim rule is effective without actual notice 
from February 7, 2025 through 11:59 p.m. on May 31, 2025. For purposes 
of enforcement, this temporary interim rule will be enforced with 
actual notice from January 29, 2025, until February 7, 2025. Comments 
and related material must reach the Coast Guard on or before March 10, 
2025.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type the 
docket number USCG-2022-0222 in the ``SEARCH'' box and click 
``SEARCH''. In the Document Type column, select ``Supporting & Related 
Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary interim rule, call, or email Ms. Jennifer Zercher, Bridge 
Management Specialist, Seventh Coast Guard District; telephone 571-607-
5951, email [email protected].

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
FL Florida
NPRM Notice of Proposed Rulemaking
TIR Temporary Interim Rule
FECR Florida East Coast Railway
FEC Florida East Coast
OWW Okeechobee Waterway

II. Background Information and Regulatory History

    On August 7, 2024, the Coast Guard published a Temporary Interim 
Rule (TIR) temporarily modifying the drawbridge operation regulation 
for the Florida East Coast (FEC) Railroad Bridge, across the Okeechobee 
Waterway (OWW), mile 7.41, at Stuart, FL (89 FR 64367). This action was 
necessary to allow for continuity of drawbridge operations while the 
Coast Guard evaluates documentation received for a request to 
permanently change the drawbridge operation regulation. Allowing the 
drawbridge to return to its regular operating schedule would not meet 
the reasonable needs of navigation given the increase in railway 
traffic.
    The Coast Guard originally published a temporary rule to be 
effective through December 31, 2024. We are now reinstating it to May 
31, 2025, to provide more time to properly evaluate documentation 
associated with a permanent drawbridge operation regulation change 
request while maintaining continuity in drawbridge operations.
    The Seventh Coast Guard District Commander has determined the 
extension of the temporary modified operating regulation is warranted 
as the temporary drawbridge operation regulation has provided 
predictable and reliable drawbridge openings.
    The Coast Guard is extending this temporary interim rule without 
prior notice and opportunity to comment pursuant to authority under 
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). This provision authorizes an agency to issue a rule without 
prior notice and opportunity to comment when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast 
Guard finds that good cause exists for not publishing a notice of 
proposed rulemaking (NPRM) with respect to this rule because it is 
impracticable. The Coast Guard did not receive the marine traffic study 
in sufficient time to properly evaluate the data, make a reasonable 
decision and continue with federal rulemaking prior to the expiration 
of the TIR. Allowing the drawbridge to return to its regular operating 
schedule would not meet the reasonable needs of navigation given the 
increase in railway traffic. The regular operating schedule does not 
provide predictable and reliable drawbridge openings.

[[Page 9127]]

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making it effective in less than 30 days after publication 
in the Federal Register. The last temporary interim rule for the 
modified drawbridge operation regulation ended December 31, 2024, but 
the evaluation of a permanent drawbridge operation regulation will be 
ongoing after that date. Delaying the effective date of this temporary 
interim rule would be impracticable and contrary to the public interest 
due to the fact that the bridge's regular operating schedule does not 
meet the reasonable needs of navigation and does not provide 
predictable and reliable drawbridge openings.
    We are soliciting comments on this rulemaking. If the Coast Guard 
determines that changes to the temporary interim rule are necessary, we 
will publish a temporary final rule or other appropriate document.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499. The FEC Railroad Bridge across the OWW, mile 7.41, at Stuart, FL, 
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).
    The regular drawbridge regulation, 33 CFR 117.317(c), states that 
the draw is normally in the fully open position . . . when a train 
approaches the bridge . . . the draw lowers and locks . . . and remains 
down for a period of eight minutes or while the approach track circuit 
is occupied. The Coast Guard has determined that allowing the 
drawbridge to return to its regular operating schedule would not meet 
the reasonable needs of navigation given the increase in railway 
traffic. The regular operating schedule does not provide predictable 
and reliable drawbridge openings. The Coast Guard needs sufficient time 
to review the marine traffic study and other documentation, while 
providing continuity in the operation of the drawbridge.

IV. Discussion of Comments, Changes, and the Rule

    This rule reinstates the temporary deviation to the drawbridge 
operation regulation for the FEC Railroad Bridge described in the 
temporary interim rule at 89 FR 64367 (September 23, 2024) for an 
additional five months until May 31, 2025. This temporary rule allows 
continuity in drawbridge operations providing predictable and reliable 
drawbridge openings. We list the temporary drawbridge schedule at the 
end of this rule in the regulatory text.
    If a Final Rule is published before May 31, 2025, the TIR will be 
cancelled.

V. Regulatory Analyses

    We developed this temporary interim rule after considering numerous 
statutes and Executive Orders related to rulemaking. Below we summarize 
our analyses based on a number of 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 rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866, as amended by 
Executive Order 14094 (Modernizing Regulatory Review). Accordingly, it 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the fact that 
little, or no commercial or recreational vessel traffic will be 
impacted by this rule. Furthermore, the drawbridge, as of date of the 
publication of this rule, cannot resume its regular operating schedule 
as it does not meet the reasonable needs of navigation given the 
increase in railway traffic. The regular operating schedule does not 
provide predictable and reliable drawbridge openings.

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 rule 
will 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 V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 rule. If the 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    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 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 rule does not have Tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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.

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 rule will not result in 
such an expenditure,

[[Page 9128]]

we do discuss the effects of this 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 rule promulgates the operating 
regulations or procedures for drawbridges and is categorically excluded 
from further review, under paragraph L49, of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule.

VI. 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.
    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.
    To view documents mentioned in this 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. We review all 
comments received, but we will only post comments that address the 
topic of the rule. We may choose not to post off-topic, inappropriate, 
or duplicate comments that we receive. Additionally, if you click on 
the'' Dockets'' tab and then the proposed rule, you should see a 
``Subscribe'' option for email alerts. Selecting this option will 
enable notifications when comments are posted, or if/when a final rule 
is published.
    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 amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 00170.1. Revision No. 01.3

0
2. Section 117.317 is amended by staying paragraph (c) and adding 
paragraph (k).
    The addition reads as follows:

Sec.  117.317   Okeechobee Waterway.

* * * * *
    (k) Florida East Coast Railroad (FEC) Bridge, mile 7.41, at Stuart. 
The draw shall operate as follows:
    (1) The drawbridge will be maintained in the fully open-
tonavigation 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.
    (2) The drawbridge 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.).
    (3) Notwithstanding paragraph (k)(1), 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.
    (4) 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.
    (5) 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.
    (6) 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.
    (7) 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.
    (8) Signs will be posted and visible to marine traffic, displaying 
VHF radio contact information, application information, and the 
telephone number for the bridge tender.
    (9) 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.

    Dated: January 29, 2025.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh 
District.
[FR Doc. 2025-02368 Filed 2-6-25; 8:45 am]
BILLING CODE 9110-04-P
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