9126 Federal Register / Vol. 90, No. 25 / Friday, February 7, 2025 / Rules and Regulations 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5.a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f); 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 7400.11J, 

Airspace Designations and Reporting 

Points, dated July 31, 2024, and 

effective September 15, 2024, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO NC E5 Marion, NC [Amended] 

Mission Hospital McDowell, NC 

(Lat. 35°39′45′′ N, long. 82°01′46′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6-mile radius 

of Mission Hospital McDowell. 

* * * * * 

Issued in College Park, Georgia, on January 

31, 2025. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2025–02323 Filed 2–6–25; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 

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 

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. 


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Federal Register / Vol. 90, No. 25 / Friday, February 7, 2025 / Rules and Regulations 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, 


lotter on DSK11XQN23PROD with RULES1
9128 Federal Register / Vol. 90, No. 25 / Friday, February 7, 2025 / Rules and Regulations 

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 DecisionMaking 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 offtopic, 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 

■ 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 

■ 2. Section 117.317 is amended by 

staying paragraph (c) and adding 

paragraph (k). 

The addition reads as follows: 

§ 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 opentonavigation 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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