Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL, 13573-13576 [2025-04918]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 90, Number 56 (Tuesday, March 25, 2025)]
[Proposed Rules]
[Pages 13573-13576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04918]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Florida East Coast (FEC) Railroad Bridge, across the 
Okeechobee Waterway (OWW), mile 7.41, at Stuart, FL. This proposed rule 
will allow the drawbridge to operate on a more predictable and reliable 
schedule to meet the needs of competing modes of transportation. This 
action is necessary due to a significant increase in railway activity. 
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before April 24, 2025.

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. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in 
this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
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
TD Temporary Deviation
OWW Okeechobee Waterway
FL Florida
TIR Temporary Interim Rule
NOI Notice of Inquiry
SNOI Supplemental Notice of Inquiry
FECR Florida East Coast Railway
FEC Florida East Coast

II. Background, Purpose and Legal Basis

    The Florida East Coast (FEC) Railroad Bridge across the Okeechobee 
Waterway (OWW), mile 7.4, 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).
    Railway activity significantly increased across the FEC Railroad 
Bridge. The Coast Guard is proposing to change the operating regulation 
for the railroad bridge to allow the drawbridge to operate a more 
predictable and reliable schedule to meet the needs of competing modes 
of transportation.
    On May 3, 2022, the Coast Guard published a Notification of Inquiry 
(NOI); request for comments in the Federal Register (87 FR 26145). This 
NOI sought information from waterway users in response to provided 
questions. Those questions focused on waterway usage and navigation in 
the vicinity of the railroad and highway bridges. On June 10, 2022, a 
Supplemental Notification of Inquiry (SNOI); request for comments was 
published in the Federal Register (87 FR 35472). The SNOI provided 
clarification on the Coast Guard's intent in gathering information. The 
Coast Guard was seeking information regarding usage and equitable 
access to the waterway. We received a total 2358 comments on those 
publications. Those comments were taken into consideration when 
developing the temporary test deviation published on June 8, 2023.
    On June 8, 2023, the Coast Guard published a notice titled 
``Temporary deviation from regulations; request for comments'' in the 
Federal Register (88 FR 37470) (Temporary Deviation 1). The deviation 
was effective from 12:01 a.m. on June 21, 2023, through 11:59 p.m. on 
December 17, 2023. Under Temporary Deviation 1, the railroad bridge 
opened twice an hour upon request and was required to remain in the 
open position if trains were not crossing the bridge. Additional 
operating requirements were specified by the Coast Guard. The comment 
period ended on August 4, 2023, with 371 comments received. Those 
comments were taken into consideration when developing Temporary 
Deviation 2, which was published on August 11, 2023.
    On August 11, 2023, the Coast Guard published a notice titled 
``Temporary deviation from regulations; cancellation'' in the Federal 
Register (88 FR 54488). This action cancelled Temporary Deviation 1, as 
it was

[[Page 13574]]

determined FEC Railway (FECR) was experiencing extreme difficulty 
meeting the requirements of the temporary deviation.
    On August 11, 2023, the Coast Guard also published a notice titled 
``Temporary deviation from regulations; request for comments'' in the 
Federal Register (88 FR 54487) (Temporary Deviation 2). The deviation 
was effective from 12:01 a.m. on August 15, 2023, through 11:59 p.m. on 
December 17, 2023. Under Temporary Deviation 2, the railroad bridge was 
maintained in the fully open-to-navigation position, except during 
periods when it closed for the passage of train traffic. Additional 
operating requirements were specified by the Coast Guard, one of which 
was a fixed 15-minute opening period each hour. The comment period 
ended October 15, 2023, with 211 comments received. Those comments were 
addressed in Temporary Deviation 3, which was published on February 6, 
2024.
    On November 7, 2023, the Coast Guard published a notice titled 
``Temporary deviation from regulations; reopening the comment period'' 
in the Federal Register (88 FR 76666). This action was necessary due to 
a delay in the start of passenger rail service. Due to the delay, the 
public was not afforded adequate opportunity to provide comments on 
Temporary Deviation 2 during actual passenger rail service operations. 
The comment period ended November 30, 2023, with 4 comments received. 
Those comments were addressed in Temporary Deviation 3, which was 
published on February 6, 2024.
    On December 7, 2023, the Coast Guard published a notice titled 
``Temporary deviation from regulations; modification'' in the Federal 
Register (88 FR 85111). The deviation was effective from 12:01 a.m. on 
December 18, 2023, through 11:59 p.m. on February 11, 2024. This action 
extended Temporary Deviation 2 to allow for the review of public 
comments, while providing continuity in the operation of the 
drawbridge. An additional comment period was not provided for the 
extension of Temporary Deviation 2 since multiple comment periods had 
already been provided.
    On February 6, 2024, the Coast Guard published a notice titled 
``Temporary deviation from regulations; request for comments'' in the 
Federal Register (89 FR 8074) (Temporary Deviation 3). The deviation 
was effective from 12:01 a.m. on February 12, 2024, through 11:59 p.m. 
on August 9, 2024. Under Temporary Deviation 3, the railroad bridge was 
maintained in the fully open-to-navigation position, except during 
periods when it closed for the passage of train traffic. Additional 
operating requirements were specified by the Coast Guard one of which 
was a fixed 10-minute opening period each hour. The comment period 
ended May 6, 2024, with one comment received. That comment is addressed 
below.
    On August 7, 2024, the Coast Guard published a Temporary Interim 
Rule (TIR) with request for comments in the Federal Register (89 FR 
64367). The temporary interim rule is effective from August 9, 2024, 
through 11:59 p.m. on December 31, 2024. This action was necessary to 
allow for continuity of drawbridge operations while the Coast Guard 
reviewed comments and the Coast Guard Commissioned Marine Traffic Study 
of the Okeechobee Waterway (St. Lucie) (study) associated with the 
temporary test deviation. The comment period for the TIR ended 
September 23, 2024, with one comment received. That comment is 
addressed below.
    On February 7, 2025, the Coast Guard published a TIR with request 
for comments in the Federal Register (90 FR 9126). The temporary 
interim rule is effective from February 7, 2025, through 11:59 p.m. on 
May 31, 2025. The comment period ends on March 10, 2025. This action 
allows for continuity for drawbridge operations while the Coast Guard 
evaluates documentation received for a request to permanently change 
the operating regulation.
    The comment received from Temporary Deviation 3 expressed concern 
for the perceived overall negative impact of trains moving through the 
City of Stuart. This comment is outside of scope of the temporary 
deviation and will not be taken into consideration.
    The comment received from the TIR published on August 7, 2024, was 
in support of the active temporary deviation. However, the commenter 
expressed concern, believing the adjacent moveable highway bridge would 
be required to remain open to navigation during the overnight hours 
when the railroad bridge is required to be open except for the passage 
of railway traffic. The commentor misunderstood the temporary 
drawbridge operating schedule, as the highway bridge is allowed to 
remain in the down position until a vessel requests an opening.
    The Coast Guard commissioned an independent contractor to perform a 
study of the marine traffic on the Okeechobee Waterway (St. Lucie 
River), between the Roosevelt Bridge and the NW Dixie Hwy Bridge and 
analyze the type, size, time of day and number of vessels that transit 
through the FEC Railroad Bridge while in the open and closed to 
navigation positions. The data was collected from November 1, 2023, 
through April 7, 2024. After data compilation, cleaning, and 
extraction, a total of 110 days were used for analysis. The study 
showed vessel traffic is greater on Friday, Saturday and Sunday with 
waterway activity greatest between the hours of 9 a.m. and 4 p.m. The 
total number of vessels observed transiting through the FEC Railroad 
Bridge between the hours of 6 a.m. and 8 p.m. was 16,406 with 99% of 
the vessel size between 6 feet and 16 feet. Vessels of this size are 
typically recreational vessels. The total number of vessels waiting for 
the FEC Railroad Bridge to open was 5,325 with an average wait time of 
20.2 minutes. The average wait time for vessels prior to the TIR is 
unknown, as previous studies conducted by Martin County, FL in 2016 and 
Brightline, formerly known as All Aboard Florida, in 2014, did not 
provide this data. However, several comments received in response to a 
Notice of Inquiry published on May 3, 2022 and a Supplemental Notice of 
Inquiry published on June 10, 2022, noted recreational vessels were 
waiting 45 to 60 mins for the FEC Railroad Bridge to open after trains 
cleared the bridge. Therefore, this operating schedule has decreased 
the average wait time for vessels. Based on the data provided, the 
Coast Guard has determined the proposed rule would provide for 
reasonable access to the waterway and would meet the reasonable needs 
of competing modes of transportation. The final report of the study 
will be made available at https://www.regulations.gov, under the docket 
number.
    This NPRM will run simultaneously with a TIR, under the same name 
and docket number. Both documents can be found at https://www.regulations.gov and comments can be made to either document.

III. Discussion of Proposed Rule

    The published drawbridge operation regulation in 33 CFR 117.317(c) 
that controls the operating schedule when the TIR is not in effect, 
allows the railroad bridge to remain open to navigation except when it 
closes for the passage of railway traffic. There is no predictability 
for when or how long the railroad bridge will remain in the down or 
closed to navigation position. Under this proposed rule, the railroad 
bridge would be required to be maintained in the fully open-to-
navigation position, except during periods when it closed for

[[Page 13575]]

the passage of train traffic. Additional operating requirements would 
be specified by the Coast Guard, one of which is a fixed 10-minute 
opening period each hour. This regulatory action determination is based 
on the ability that vessels can still transit the bridge during the 
designated 10-minute opening. Vessels will have the ability to utilize 
the mobile application for trip planning and transit based on the 
provide information. Vessels that can safely pass when the bridge is 
down or closed to navigation may do so at any time.
    This would provide the maritime community with a predictable and 
reliable opening during each hour and limits the amount of time the 
railroad bridge can remain down or closed to navigation. The proposed 
rule would also provide the maritime community with a mobile 
application that will show the projected opening and closing times of 
the railroad bridge each day.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on 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 proposed rule has not been designated a 
``significant regulatory action,'' under section 3(f) of Executive 
Order 12866, as amended by Executive Order 14094 (Modernizing 
Regulatory Review). Accordingly, the NPRM has not been reviewed by the 
Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge during the designated 10-minute 
opening. Vessels will have the ability to utilize the mobile 
application for trip planning and transit based on the provided 
information. Vessels that can safely pass when the bridge is down or 
closed to navigation may do so at any time.
    During the NOI/SNOI and the June/August 2023 Temporary Deviations, 
comments were made that local businesses may be negatively impacted 
with the increased rail traffic and unpredictable opening schedule. 
However, as modifications were made to the operating requirements in 
the subsequent Temporary Deviations and the Temporary Interim Rule, 
those concerns were mitigated.
    Also, the results of the Marine Traffic Study do not indicate a 
need to change the current agreed upon operation of the bridge as 
published in the current Temporary Interim Rule (TIR) and proposed in 
this NPRM.

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 
proposed rule would 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 IV.A 
above and independent study of marine traffic, this proposed rule would 
not have a significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule. If the proposed 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. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed 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 proposed rule promulgates the 
operating regulations or procedures for drawbridges. Normally such 
actions are 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

[[Page 13576]]

the Record are required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

V. 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.
    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.
    Viewing material in docket. To view documents mentioned in this 
proposed 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. 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 the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. 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 proposes 
to amend 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 DHS Delegation No. 
00170.1. Revision No. 01.3.

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


Sec.  117.317  Okeechobee Waterway.

* * * * *
    (c) 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-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.
    (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 (c)(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.
* * * * *

    Dated: March 5, 2025.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh 
District.
[FR Doc. 2025-04918 Filed 3-24-25; 8:45 am]
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