Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL, 8074-8075 [2024-02389]
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8074
Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations
(b) If you owe less than $500 in
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more mines, you may:
(1) Forward payments by electronic
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[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
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of temporary deviation
from regulations; request for comments.
AGENCY:
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.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
If
you have questions on this temporary
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
16:01 Feb 05, 2024
Jkt 262001
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
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\06FER1.SGM
06FER1
Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
Signs will be posted and visible to
marine traffic, displaying VHF radio
contact information, application
information, and the telephone number
for the bridge tender.
During the temporary deviation, 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.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedules immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulation is
authorized pursuant to 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.
Also, if you go to the online docket and
sign up for email alerts, you will be
notified when comments are posted, or
a final rule is published of any posting
or updates to the docket.
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.
VerDate Sep<11>2014
16:01 Feb 05, 2024
Jkt 262001
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: January 31, 2024.
Randall D. Overton,
Director, Bridge Administration, Seventh
Coast Guard District.
[FR Doc. 2024–02389 Filed 2–5–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 16
[EPA–HQ–OMS–2023–0020; FRL–10620–04–
OMS]
8075
published in the Federal Register on
November 8, 2023, that will be effective
on February 6, 2024 (88 FR 76999). The
final rule revised and updated EPA’s
Privacy Act regulations to exempt the
OIG Data Analytics Enterprise system of
records from certain provisions of the
Privacy Act. The final rule did not
properly incorporate revisions to EPA’s
Privacy Act regulations promulgated in
a separate rulemaking on November 17,
2023, that became effective on January
16, 2024 (88 FR 80139). This action
makes technical corrections and does
not change any substantive action taken
by the EPA in the November 8, 2023,
final rule.
Under the Administrative Procedure
Act (APA), 5 U.S.C. 553(b)(B) and (d),
notice and comment for this action is
unnecessary because it merely makes
ministerial corrections to the November
8 final rule and does not impose any
burdens on the regulated community.
Privacy Act Regulations for EPA;
Correction
Do any of the statutory and Executive
order review apply to this action?
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
For a detailed discussion concerning
the statutory and Executive order review
refer to Unit III. of the November 8,
2023, final rule.
AGENCY:
The EPA is correcting a final
rule published in the Federal Register
on November 8, 2023, that revised and
updated EPA’s Privacy Act regulations
to exempt the Office of Inspector
General (OIG) Data Analytics Enterprise
system of records from certain
provisions of the Privacy Act.
DATES: This correction is effective
February 6, 2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OMS–2023–0020. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Daniel Porter, Director, Data Analytics
Directorate, Office of Inspector General,
Environmental Protection Agency, 1200
Pennsylvania Avenue NW, Washington,
DC 20004; telephone number: 202–309–
6449; email address: oig.data_
analytics@epa.gov.
SUPPLEMENTARY INFORMATION: The EPA
is correcting a final rule that was
SUMMARY:
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
Correction
In FR Doc. 2023–24233, beginning on
page 76999 in the Federal Register of
November 8, 2023, make the following
corrections. On page 77003, beginning
in the second column, amendatory
instruction 3 for § 16.12 and the
accompanying regulatory text are
corrected to read as follows:
■ 3. Amend § 16.12 by:
■ a. Adding paragraph (a)(1)(viii);
■ b. Revising the first sentence of
paragraph (a)(4)(i) and paragraphs
(a)(4)(iii), (a)(5) introductory text, and
(b)(1)(ii);
■ c. Adding paragraph (b)(1)(iii); and
■ d. Revising paragraphs (b)(4)(i) and
(ii) and (b)(5) introductory text.
The additions and revisions read as
follows:
■
§ 16.12
Specific exemptions.
(a) * * *
(1) * * *
E:\FR\FM\06FER1.SGM
06FER1
]]>Agencies
[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Rules and Regulations]
[Pages 8074-8075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02389]
=======================================================================
-----------------------------------------------------------------------
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 [email protected].
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 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).
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.
[[Page 8075]]
Signs will be posted and visible to marine traffic, displaying VHF
radio contact information, application information, and the telephone
number for the bridge tender.
During the temporary deviation, 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.
In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedules immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulation is authorized pursuant to 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. Also, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted, or a
final rule is published of any posting or updates to the docket.
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.
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: January 31, 2024.
Randall D. Overton,
Director, Bridge Administration, Seventh Coast Guard District.
[FR Doc. 2024-02389 Filed 2-5-24; 8:45 am]
BILLING CODE 9110-04-P
