Drawbridge Operation Regulation; Okeechobee Waterway, Stuart, FL; Extension of Deviation

<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; Extension of Deviation</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Coast Guard, Department of Homeland Security (DHS). <HD SOURCE="HED">ACTION:</HD> Temporary final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This temporary rule is effective 12:01 a.m. on June 1, 2025, through 11:59 p.m. on September 30, 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 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">NPRM Notice of proposed rulemaking</FP> <FP SOURCE="FP-1">Pub. L. Public Law</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">TIR Temporary interim rule</FP> <FP SOURCE="FP-1">FECR Florida East Coast Railway</FP> <FP SOURCE="FP-1">FEC Florida East Coast</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 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 <E T="04">Federal Register</E> (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 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 <E T="04">Federal Register</E> . 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. <HD SOURCE="HD1">III. Legal Authority and Need for Rule</HD> 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. <HD SOURCE="HD1">IV. Discussion of Comments, Changes, and the Rule</HD> 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. <HD SOURCE="HD1">V. Regulatory Analyses</HD> 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. <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. 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. If the rule would affect your small business, organizat ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 17k characters. 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