[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Rules and Regulations]
[Pages 39961-39963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15833]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2021-0099]
RIN 1625-AA09


Drawbridge Operation Regulation; Okeechobee Waterway, Indiantown, 
FL

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

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the Seaboard System Railroad Bridge, across the Okeechobee 
Waterway, mile 28.2, at Indiantown, FL. This change will allow the 
swing bridge to be remotely operated, change the start and end times 
for advance notification for an opening during the overnight hours and 
update the name of the bridge.

DATES: This rule is effective August 25, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2021-0099 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Omar Beceiro, U.S. Coast Guard Sector Miami Waterways 
Management Division, telephone 305-535-4317, email 
<a href="/cdn-cgi/l/email-protection#7d32101c0f533f181e18140f123d080e1e1a53101411"><span class="__cf_email__" data-cfemail="e5aa888497cba78086808c978aa590968682cb888c89">[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
FL Florida

II. Background Information and Regulatory History

    On March 5, 2021, the Coast Guard published a Test Deviation, with 
a request for comments, entitled ``Drawbridge Operation Regulation; 
Okeechobee Waterway, Indiantown, FL,'' in the Federal Register (86 FR 
12821), to test this operating schedule for the Seaboard System 
Railroad Bridge. Zero comments were received during the test period.
    On April 12, 2021, the Coast Guard published a notice of proposed 
rulemaking entitled ``Drawbridge Operation Regulation; Okeechobee 
Waterway, Indiantown, FL,'' in the Federal Register (86 FR 18929). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this regulatory change. During 
the comment period that ended June 11, 2021, we received one comment 
which is addressed in Section IV of this final rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The Seaboard System Railroad Bridge across the Okeechobee Waterway, 
mile 28.2, at Indiantown, FL, is a swing bridge with a seven-foot 
vertical clearance at mean high water in the closed position. 
Navigation on the waterway is commercial and recreational. The 
operating schedule for the bridge is set forth in 33 CFR 117.317(e).
    The rule allows the swing bridge to be remotely monitored and 
operated. The

[[Page 39962]]

swing bridge will remain in the open to navigation position during 
daylight hours and close only for the passage of rail traffic. The 
start of the three hour advance notice for an opening will begin 
earlier each evening and end one hour later each morning. The time 
changes for the three hour advance notice will align with the operating 
schedule of the U.S. Army Corps of Engineers (USACE) Locks along this 
portion of the Okeechobee Waterway. The changes allow for the swing 
bridge to operate more efficiently while taking into account the 
reasonable needs of navigation. Additionally, the name of the swing 
bridge would be updated to reflect the current bridge owner.
    This change allows vessels that are capable of transiting under the 
bridge, without an opening, to do so at any time and vessels are able 
to transit the bridge when advanced notice is given. Vessels in 
distress and public vessels of the United States must be allowed to 
pass at any time.

IV. Discussion of Comments, Changes, and the Final Rule

    The one comment received did not object to the rule change but 
provided suggestions in addition to the proposed rule change. The 
commenter felt the bridge should remain open until 6 p.m. before 
shifting to the three hour advanced notice for an opening. The rule 
allows the bridge to shift to the three hour advanced notice at 7 p.m. 
until 7 a.m. daily. The commenter would like signage to be placed at 
unspecified locations along the waterway approximately one mile before 
the bridge. Per the commenter, this would greatly reduce congestion in 
the narrow channel at the bridge when in the closed position. Contact 
information for the bridge is found in 33 CFR 117.317(e) and posted on 
the bridge per Federal drawbridge regulations. Additional posting 
requirements, not in accordance Federal drawbridge regulations, are 
outside the Coast Guard's authority. The Coast Guard provided the 
bridge owner, CSX Transportation, with this recommendation from the 
commenter for consideration.

V. Regulatory Analyses

    We developed this 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, and we 
discuss First Amendment rights of protesters.

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. Accordingly, it has 
not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the fact that 
vessels can still transit the bridge given advanced notice and vessels 
that can transit under the bridge without an opening may do so at 
anytime.

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 received zero comments from the Small Business 
Administration on this rule. 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 may affect your small 
business, organization, or governmental jurisdiction or 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, 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

[[Page 39963]]

the human environment. This rule promulgates the operating regulations 
or procedures for drawbridges and is categorically excluded from 
further review, under paragraph L49, of Chapter 3, Table 3-1 of the 
U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Amend Sec.  117.317 by revising paragraph (e) to read as follows:


Sec.  117.317  Okeechobee Waterway.

* * * * *
    (e) Seaboard System Railroad bridge, mile 28.2 at Indiantown. The 
draw of the CSX Railroad Bridge, mile 28.2 at Indiantown, FL, shall 
operate as follows:
    (1) The swing bridge is not tendered locally, but will be monitored 
and operated by a remote operator.
    (2) Marine radio communication shall be maintained, by the remote 
operator, with mariners near the bridge for the safety of navigation. 
Visual monitoring of the waterway shall be maintained with the use of 
cameras. Detection sensors shall be installed for the detection of 
vessels entering the radius of the swing span of the bridge while in 
operation.
    (3) From 7 a.m. to 7 p.m., the bridge will be maintained in the 
open to navigation position and will display green lights to indicate 
that the span is fully open.
    (4) When a train approaches, the remote operator shall monitor for 
vessels in the vicinity of the bridge. Provided the sensors do not 
detect a vessel entering the swing radius of the bridge, the operator 
shall initiate the closing sequence, which includes the sounding of a 
horn. The span will remain in the closed position for the entire time 
the track circuit is occupied displaying red lights.
    (5) After the train has cleared the track circuit, the span shall 
open and green lights will be displayed.
    (6) From 7 p.m. to 7 a.m., the bridge will be in the closed to 
navigation position and will open if at least a three hour advance 
notice is requested via marine radio channel 9 VHF or telephone (813) 
677-3974.
    (7) The bridge shall not be operated from the remote location in 
the following events: Failure or obstruction of the detection sensors, 
remote actuation systems, cameras, or marine radio communications, or 
when directed by the Coast Guard. In these situations, a bridge 
operator must be on-site and locally operate the bridge.
* * * * *

    Dated: July 7, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District.
[FR Doc. 2021-15833 Filed 7-23-21; 8:45 am]
BILLING CODE 9110-04-P


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