Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL, 37470-37471 [2023-12270]
Download as PDF
<![CDATA[
37470
Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Rules and Regulations
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
6.7-mile radius of Palm Beach County Park
Airport.
Environmental Review
DEPARTMENT OF HOMELAND
SECURITY
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances warrant
the preparation of an environmental
assessment.
Lists of Subjects in 14 CFR Part 71
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 part 71
continues to read as follows:
■
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.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
effective September 15, 2022, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
*
ASO FL E5 West Palm Beach, FL
Palm Beach International Airport, FL
(Lat 26°40′59″ N, long 80°5′44″ W)
Palm Beach County Park Airport
(Lat 26°35′35″ N, long 80°5′6″ W)
That airspace extending upward from 700
feet above the surface within a 10-mile radius
of Palm Beach International Airport and a
VerDate Sep<11>2014
15:15 Jun 07, 2023
Jkt 259001
*
*
*
*
Issued in College Park, Georgia, on June 1,
2023.
Andreese C. Davis,
Manager, Airspace & Procedures Team South,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2023–12054 Filed 6–7–23; 8:45 am]
BILLING CODE 4910–13–P
Coast Guard
33 CFR Part 117
[Docket No. USCG–2022–0222]
Drawbridge Operation Regulation;
Okeechobee Waterway, Stuart, FL
Coast Guard, DHS.
Notice of temporary deviation
from regulations; request for comments.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Florida East
Coast (FEC) Railroad Bridge, mile 7.41,
and the NW Dixie Highway Bridge, mile
7.5, across the Okeechobee Waterway
(OWW), at Stuart, Florida. In
anticipation of a significant increase in
railway activity across the FEC Railroad
Bridge, the Coast Guard is considering
changing the operating regulation for
the FEC Railroad Bridge to allow the
drawbridge to operate on a more
predictable schedule. The operating
regulation for the adjacent NW Dixie
Highway Bridge will be modified to
allow for the drawbridges to operate in
concert. This deviation will test a
change to the drawbridge operation
schedule to determine whether a
permanent change to the schedule is
needed. The Coast Guard is seeking
comments from the public regarding
this deviation.
DATES: This deviation is effective from
12:01 a.m. on June 21, 2023, through
11:59 p.m. on December 17, 2023.
Comments and related material must
reach the Coast Guard on or before
August 4, 2023.
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.
SUMMARY:
Airspace, Incorporation by reference,
Navigation (air).
§ 71.1
*
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
If
you have questions on this test
deviation, call or email Ms. Jennifer
Zercher, Bridge Management Specialist,
Seventh Coast Guard District; telephone
305–415–6740, email
Jennifer.N.Zercher@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background, Purpose and Legal Basis
The FEC Railroad Bridge across the
Okeechobee Waterway (OWW), mile
7.4, 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).
The NW Dixie Highway Bridge across
the OWW, mile 7.5, at Stuart, Florida,
is a double-leaf bascule bridge with a
14-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(d). Navigation
on the waterway is commercial and
recreational.
In anticipation of a significant
increase in railway activity across the
FEC Railroad Bridge, the Coast Guard is
considering changing the operating
regulation for the FEC Railroad Bridge
to allow the drawbridge to operate on a
more predictable schedule and allow for
reasonable usage of competing modes of
transportation. The operating regulation
for the adjacent NW Dixie Highway
Bridge will be modified to allow for the
drawbridges to operate in concert.
On May 3, 2022, the Coast Guard
published a Notification of Inquiry
entitled, ‘‘Drawbridge Operation
Regulation; Okeechobee Waterway,
Stuart, FL’’ in the Federal Register (87
FR 26145). On June 10, 2022, a
Supplemental Notification of Inquiry
entitled, ‘‘Drawbridge Operation
Regulation; Okeechobee Waterway,
Stuart, FL’’ was published in the
Federal Register (87 FR 35472). We
received a total 2358 comments on those
publications. Those comments were
taken into consideration when
developing this test deviation.
Under this temporary deviation, the
FEC Railroad Bridge shall open on
signal at the quarter and three-quarter
hour and remain open until all vessels
requiring or requesting an opening have
cleared, except any open period shall
not exceed 15 minutes.
If a train is in the track circuit at the
designated opening time, the opening
may be delayed up to but not exceed
five minutes. Once the train has cleared
the track circuit, the bridge must open
immediately, if requested, and remain
open until all vessels requiring an
E:\FR\FM\08JNR1.SGM
08JNR1
ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 110 / Thursday, June 8, 2023 / Rules and Regulations
opening have cleared, except any open
period shall not exceed 15 minutes.
The drawbridge shall have a
drawbridge tender onsite at all times,
who is capable of physically tending
and operating the drawbridge by local
control, if necessary, or when ordered
by the Coast Guard. Upon request, the
drawbridge tender shall provide
operational information 24 hours a day
on VHF–FM channel 9. Electronic signs
shall be posted visible to marine traffic
and display VHF radio contact
information, mobile application
information, and the telephone number
for the bridge tender.
In the event of a drawbridge
operational failure, or other emergency
circumstances impacting normal
drawbridge operations, the drawbridge
owner shall immediately notify the
Coast Guard Captain of the Port Miami
and provide an estimated time of repair
and return to normal operations.
A drawbridge logbook shall be
maintained including the date and each
time it closes and opens to navigation,
the number and direction of vessels
passing through during each opening,
the types of vessels passing through
during each opening, and an estimated
or known size (height, length, and
beam) of the largest and smallest vessel
passing through during each opening.
The drawbridge logbook shall also
include all maintenance openings,
closings, malfunctions, or reasons for
drawbridge closings that interfere with
scheduled openings.
The drawbridge owner shall maintain
a mobile application. The drawbridge
owner shall publish drawbridge opening
times, and the drawbridge owner shall
provide timely updates to schedules,
including but not limited to, impacts
due to emergency circumstances,
repairs, and inspections.
The NW Dixie Hwy Bridge shall open
on signal; except when the adjacent FEC
Railroad Bridge is in the closed
position, the draw need not open. The
draw must open immediately upon
opening of the railroad bridge to pass all
accumulated vessels which require an
opening.
Vessels able to pass through the
bridges in the closed position may do so
at any time. There is no immediate
alternate route for vessels to pass. The
Coast Guard will also inform the users
of the waterway through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridges.
In accordance with 33 CFR 117.35(e),
the drawbridges must return to their
regular operating schedules
immediately at the end of the effective
period of this temporary deviation. This
VerDate Sep<11>2014
15:15 Jun 07, 2023
Jkt 259001
deviation from the operating regulations
is authorized under 33 CFR 117.35.
DEPARTMENT OF HOMELAND
SECURITY
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.
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. Additionally, if you go
to the online docket and sign up for
email alerts, you will be notified when
comments, future actions or updates are
posted to the docket.
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).
Coast Guard
Dated: June 2, 2023.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2023–12270 Filed 6–7–23; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
37471
33 CFR Part 165
[Docket No. USCG–2023–0361]
Safety Zones; Fireworks Displays in
the Fifth Coast Guard District—
Philadelphia, PA
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Delaware River, Philadelphia, PA
Safety Zone for fireworks displays on
two separate periods. The safety zone
will first be enforced on June 21, 2023,
and again, on July 1, 2023. This is to
provide for the safety of life on
navigable waterways during each of two
separate barge-based fireworks displays.
Our regulation for marine events within
the Fifth Coast Guard District identifies
the regulated area for this event in
Philadelphia, PA. During the
enforcement period, no person or vessel
may enter, remain in, or transit through
the regulated area, and anyone in the
vicinity must comply with directions
from the Patrol Commander or any
Official Patrol displaying a Coast Guard
ensign.
DATES: The regulation at 33 CFR
165.506, for Philadelphia, PA, will be
enforced for the location identified in
entry 10 of table 1 to paragraph (h)(1)
from 8:35 p.m. through 9:20 p.m. on
June 21, 2023, or on a rain date of June
22, 2023, and from 9:15 p.m. to 10:15
p.m. on July 1, 2023, or on a rain date
of July 2, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, you may call or email
Petty Officer Dylan Caikowski, U.S.
Coast Guard, Sector Delaware Bay,
Waterways Management Division,
telephone 215–271–4814, email
SecDelBayWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone in
table 1 to paragraph (h)(1) to 33 CFR
165.506, entry No. 10 for two periods,
for two separate barge-based fireworks
displays. The first enforcement period
will be from 8:35 p.m. through 9:20 p.m.
on June 21, 2023, or on a rain date of
June 22, 2023. The second enforcement
period will be from 9:15 p.m. to 10:15
p.m. on July 1, 2023, or on a rain date
of July 2, 2023. This action is necessary
to ensure safety of life on the navigable
waters of the United States immediately
prior to, during, and immediately after
SUMMARY:
E:\FR\FM\08JNR1.SGM
08JNR1
]]>Agencies
[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Rules and Regulations]
[Pages 37470-37471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12270]
=======================================================================
-----------------------------------------------------------------------
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, DHS.
ACTION: Notice of temporary deviation from regulations; request for
comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Florida East Coast (FEC) Railroad
Bridge, mile 7.41, and the NW Dixie Highway Bridge, mile 7.5, across
the Okeechobee Waterway (OWW), at Stuart, Florida. In anticipation of a
significant increase in railway activity across the FEC Railroad
Bridge, the Coast Guard is considering changing the operating
regulation for the FEC Railroad Bridge to allow the drawbridge to
operate on a more predictable schedule. The operating regulation for
the adjacent NW Dixie Highway Bridge will be modified to allow for the
drawbridges to operate in concert. This deviation will test a change to
the drawbridge operation schedule to determine whether a permanent
change to the schedule is needed. The Coast Guard is seeking comments
from the public regarding this deviation.
DATES: This deviation is effective from 12:01 a.m. on June 21, 2023,
through 11:59 p.m. on December 17, 2023.
Comments and related material must reach the Coast Guard on or
before August 4, 2023.
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 test
deviation, call or email Ms. Jennifer Zercher, Bridge Management
Specialist, Seventh Coast Guard District; telephone 305-415-6740, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background, Purpose and Legal Basis
The FEC Railroad Bridge across the Okeechobee Waterway (OWW), mile
7.4, 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).
The NW Dixie Highway Bridge across the OWW, mile 7.5, at Stuart,
Florida, is a double-leaf bascule bridge with a 14-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(d).
Navigation on the waterway is commercial and recreational.
In anticipation of a significant increase in railway activity
across the FEC Railroad Bridge, the Coast Guard is considering changing
the operating regulation for the FEC Railroad Bridge to allow the
drawbridge to operate on a more predictable schedule and allow for
reasonable usage of competing modes of transportation. The operating
regulation for the adjacent NW Dixie Highway Bridge will be modified to
allow for the drawbridges to operate in concert.
On May 3, 2022, the Coast Guard published a Notification of Inquiry
entitled, ``Drawbridge Operation Regulation; Okeechobee Waterway,
Stuart, FL'' in the Federal Register (87 FR 26145). On June 10, 2022, a
Supplemental Notification of Inquiry entitled, ``Drawbridge Operation
Regulation; Okeechobee Waterway, Stuart, FL'' was published in the
Federal Register (87 FR 35472). We received a total 2358 comments on
those publications. Those comments were taken into consideration when
developing this test deviation.
Under this temporary deviation, the FEC Railroad Bridge shall open
on signal at the quarter and three-quarter hour and remain open until
all vessels requiring or requesting an opening have cleared, except any
open period shall not exceed 15 minutes.
If a train is in the track circuit at the designated opening time,
the opening may be delayed up to but not exceed five minutes. Once the
train has cleared the track circuit, the bridge must open immediately,
if requested, and remain open until all vessels requiring an
[[Page 37471]]
opening have cleared, except any open period shall not exceed 15
minutes.
The drawbridge shall have a drawbridge tender onsite at all times,
who is capable of physically tending and operating the drawbridge by
local control, if necessary, or when ordered by the Coast Guard. Upon
request, the drawbridge tender shall provide operational information 24
hours a day on VHF-FM channel 9. Electronic signs shall be posted
visible to marine traffic and display VHF radio contact information,
mobile application information, and the telephone number for the bridge
tender.
In the event of a drawbridge operational failure, or other
emergency circumstances impacting normal drawbridge operations, the
drawbridge owner shall immediately notify the Coast Guard Captain of
the Port Miami and provide an estimated time of repair and return to
normal operations.
A drawbridge logbook shall be maintained including the date and
each time it closes and opens to navigation, the number and direction
of vessels passing through during each opening, the types of vessels
passing through during each opening, and an estimated or known size
(height, length, and beam) of the largest and smallest vessel passing
through during each opening. The drawbridge logbook shall also include
all maintenance openings, closings, malfunctions, or reasons for
drawbridge closings that interfere with scheduled openings.
The drawbridge owner shall maintain a mobile application. The
drawbridge owner shall publish drawbridge opening times, and the
drawbridge owner shall provide timely updates to schedules, including
but not limited to, impacts due to emergency circumstances, repairs,
and inspections.
The NW Dixie Hwy Bridge shall open on signal; except when the
adjacent FEC Railroad Bridge is in the closed position, the draw need
not open. The draw must open immediately upon opening of the railroad
bridge to pass all accumulated vessels which require an opening.
Vessels able to pass through the bridges in the closed position may
do so at any time. There is no immediate alternate route for vessels to
pass. The Coast Guard will also inform the users of the waterway
through our Local and Broadcast Notices to Mariners of the change in
operating schedule for the bridges.
In accordance with 33 CFR 117.35(e), the drawbridges must return to
their regular operating schedules immediately at the end of the
effective period of this temporary deviation. This deviation from the
operating regulations is authorized under 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. 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. Additionally, if you go to the online docket and sign up for
email alerts, you will be notified when comments, future actions or
updates are posted to the docket.
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: June 2, 2023.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2023-12270 Filed 6-7-23; 8:45 am]
BILLING CODE 9110-04-P
