Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL

<RULE> DEPARTMENT OF HOMELAND SECURITY <SUBAGY>Coast Guard</SUBAGY> <CFR>33 CFR Part 117</CFR> <DEPDOC>[Docket No. USCG-2022-0222]</DEPDOC> <RIN>RIN 1625-AA09</RIN> <SUBJECT>Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Coast Guard, DHS. <HD SOURCE="HED">ACTION:</HD> Temporary interim rule; request for comments. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Coast Guard is reinstating the temporarily modified operating schedule that governs the Florida East Coast (FEC) Railroad Bridge, across the Okeechobee Waterway (OWW), mile 7.41, at Stuart, FL. This action allows for continuity for drawbridge operations while the Coast Guard evaluates documentation received for a request to permanently change the operating regulation. This temporary interim rule will be in place until May 31, 2025. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This temporary interim rule is effective without actual notice from February 7, 2025 through 11:59 p.m. on May 31, 2025. For purposes of enforcement, this temporary interim rule will be enforced with actual notice from January 29, 2025, until February 7, 2025. Comments and related material must reach the Coast Guard on or before March 10, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> To view documents mentioned in this preamble as being available in the docket, go to <E T="03">https://www.regulations.gov.</E> Type the docket number USCG-2022-0222 in the “SEARCH” box and click “SEARCH”. In the Document Type column, select “Supporting & Related Material.” <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> If you have questions on this temporary interim rule, call, or email Ms. Jennifer Zercher, Bridge Management Specialist, Seventh Coast Guard District; telephone 571-607-5951, email <E T="03">Jennifer.N.Zercher@uscg.mil.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Table of Abbreviations </HD> <EXTRACT> <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP> <FP SOURCE="FP-1">DHS Department of Homeland Security</FP> <FP SOURCE="FP-1">FR Federal Register</FP> <FP SOURCE="FP-1">OMB Office of Management and Budget</FP> <FP SOURCE="FP-1">NPRM Notice of Proposed Rulemaking (Advance, Supplemental)</FP> <FP SOURCE="FP-1">§ Section </FP> <FP SOURCE="FP-1">U.S.C. United States Code</FP> <FP SOURCE="FP-1">FL Florida</FP> <FP SOURCE="FP-1">NPRM Notice of Proposed Rulemaking</FP> <FP SOURCE="FP-1">TIR Temporary Interim Rule</FP> <FP SOURCE="FP-1">FECR Florida East Coast Railway</FP> <FP SOURCE="FP-1">FEC Florida East Coast</FP> <FP SOURCE="FP-1">OWW Okeechobee Waterway</FP> </EXTRACT> <HD SOURCE="HD1">II. Background Information and Regulatory History</HD> On August 7, 2024, the Coast Guard published a Temporary Interim Rule (TIR) temporarily modifying the drawbridge operation regulation for the Florida East Coast (FEC) Railroad Bridge, across the Okeechobee Waterway (OWW), mile 7.41, at Stuart, FL (89 FR 64367). This action was necessary to allow for continuity of drawbridge operations while the Coast Guard evaluates 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. The Coast Guard originally published a temporary rule to be effective through December 31, 2024. We are now reinstating it to May 31, 2025, to provide more time to properly evaluate documentation associated with a permanent drawbridge operation regulation change request while maintaining continuity in drawbridge operations. The Seventh Coast Guard District Commander has determined the extension of the temporary modified operating regulation is warranted as the temporary drawbridge operation regulation has provided predictable and reliable drawbridge openings. The Coast Guard is extending this temporary interim rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (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 a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. The Coast Guard did not receive the marine traffic study in sufficient time to properly evaluate the data, make a reasonable decision and continue with federal rulemaking prior to the expiration of the TIR. 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. 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 <E T="04">Federal Register</E> . The last temporary interim rule for the modified drawbridge operation regulation ended December 31, 2024, but the evaluation of a permanent drawbridge operation regulation will be ongoing after that date. Delaying the effective date of this temporary interim 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. We are soliciting comments on this rulemaking. If the Coast Guard determines that changes to the temporary interim rule are necessary, we will publish a temporary final rule or other appropriate document. <HD SOURCE="HD1">III. Legal Authority and Need for Rule</HD> The Coast Guard is issuing this rule under authority in 33 U.S.C. 499. The FEC Railroad Bridge across the OWW, 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 the marine traffic study and other documentation, while providing continuity in the operation of the drawbridge. <HD SOURCE="HD1">IV. Discussion of Comments, Changes, and the Rule</HD> This rule reinstates the temporary deviation to the drawbridge operation regulation for the FEC Railroad Bridge described in the temporary interim rule at 89 FR 64367 (September 23, 2024) for an additional five months until May 31, 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 May 31, 2025, the TIR will be cancelled. <HD SOURCE="HD1">V. Regulatory Analyses</HD> We developed this temporary interim 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. <HD SOURCE="HD2">A. Regulatory Planning and Review</HD> 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, as amended by Executive Order 14094 (Modernizing Regulatory Review). 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. <HD SOURCE="HD2">B. Impact on Small Entities</HD> 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. 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