Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL; Extension of Deviation, 21223-21225 [2025-08888]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Rules and Regulations]
[Pages 21223-21225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08888]


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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; 
Extension of Deviation

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

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is extending the effective period for the 
temporarily modified operating schedule that governs the Florida East 
Coast Railroad Bridge, across the Okeechobee Waterway, mile 7.41, at 
Stuart, FL. This action allows for continuity in drawbridge operations 
while the Coast Guard evaluates documentation received for a request to 
permanently change the operating regulation. This temporary rule will 
be in place until September 30, 2025.

DATES: This temporary rule is effective 12:01 a.m. on June 1, 2025, 
through 11:59 p.m. on September 30, 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 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
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
FL Florida
TIR Temporary interim rule
FECR Florida East Coast Railway
FEC Florida East Coast

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 Railroad Bridge, across the Okeechobee 
Waterway, mile 7.41, at Stuart, FL (89 FR 64367). The Coast Guard 
published the temporary rule to be effective through December 31, 2024. 
That action was necessary to allow for continuity of drawbridge 
operations while the Coast Guard evaluated 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.
    On February 7, 2025, the Coast Guard published a TIR reinstating 
the temporarily modified drawbridge operation regulation for the 
Florida East Coast Railroad Bridge, across the Okeechobee Waterway, 
mile 7.41, at Stuart, FL (90 FR 9126). The Coast Guard reinstated the 
TIR to be effective through May 31, 2025. This action invited comments 
on the TIR while providing additional time to properly evaluate 
documentation associated with the permanent drawbridge operation 
regulation change request and maintain continuity in drawbridge 
operations. During the comment period that ended March 10, 2025, we 
received 22 comments. Those comments are under review and will be 
addressed in future regulatory actions.
    On March 25, 2025, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Drawbridge Operation Regulation; 
Okeechobee Waterway, mile 7.41, at Stuart, FL'' in the Federal Register 
(90 FR 13573). There we stated why we issued the NPRM and invited 
comments on the proposed regulation. During the comment period that 
ended April 24, 2025, we received two comments. Those comments are 
under review and will be addressed in future regulatory actions.
    The Seventh Coast Guard District Commander has determined the 
extension of the TIR is warranted as the temporary drawbridge operation 
regulation has provided predictable and reliable drawbridge openings.
    The Coast Guard is issuing this temporary rule under the authority 
in 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 
an NPRM with respect to this rule because it is impracticable. We have 
not had sufficient time to adequately review and mitigate comments 
received from the TIR reinstatement and the NPRM. 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

[[Page 21224]]

provide predictable and reliable drawbridge openings. The existing TIR 
ends on May 31, 2025. For these reasons, it is impracticable for us to 
issue a proposed rule to extend the temporary deviation before May 31, 
2025.
    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. For reasons presented above, delaying the 
effective date of this 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.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary rule under authority in 
33 U.S.C. 499. The FEC Railroad Bridge across the Okeechobee Waterway, 
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 and mitigate comments 
and other documentation, while providing continuity in the operation of 
the drawbridge.

IV. Discussion of Comments, Changes, and the Rule

    This rule extends the effective period of the temporary deviation 
to the drawbridge operation regulation for the FEC Railroad Bridge for 
an additional four months until September 30, 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 September 30, 2025, this 
temporary final rule will be cancelled.

V. Regulatory Analyses

    We developed this temporary 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. 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, 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,

[[Page 21225]]

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 
Chapter 3, Table 3-1 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.

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 DHS Delegation No. 
00170.1, Revision No. 01.3.


0
2. Section 117.317 is amended by:
0
a. Staying paragraph (c); and
0
b. Adding paragraph (k).
    The addition reads as follows:


Sec.  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 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 (k)(1) of this section, 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: May 13, 2025.
Douglas M. Schofield,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh 
District.
[FR Doc. 2025-08888 Filed 5-16-25; 8:45 am]
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