[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Proposed Rules]
[Pages 35472-35473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12509]


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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: Supplemental notification of inquiry, request for comments.

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SUMMARY: The Coast Guard is seeking information and comments on 
proposing a change to the drawbridge operating regulations for the 
Florida East Coast (FEC) Railroad Bridge, mile 7.4, and the SR 707 
(Dixie Hwy) Bridge, mile 7.5, across the Okeechobee Waterway (OWW), at 
Stuart, Florida. In anticipation of passenger rail service across the 
FEC Railroad Bridge, the Coast Guard recognizes a change to the 
drawbridge operating schedules may be necessary to meet the reasonable 
needs of the maritime community and railway traffic. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before July 25, 2022.

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 notice, 
call or email Ms. Jennifer Zercher, Bridge Management Specialist, 
Seventh Coast Guard District, telephone 305-415-6740, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
Sec.  Section Symbol
U.S.C. United States Code
FEC Florida East Coast
SR State Route
WAMS Waterways Analysis and Management System
OWW Okeechobee Waterway
HWY Highway
NOI Notification of Inquiry

II. Background, Purpose and Purpose

    On May 3, 2022, the Coast Guard published a notification of inquiry 
(NOI) in the Federal Register (87 FR 26145) to solicit public comments 
on proposing a change to the drawbridge operating regulations for the 
Florida East Coast (FEC) Railroad Bridge, mile 7.4, and the SR 707 
(Dixie Hwy) Bridge, mile 7.5, across the Okeechobee Waterway (OWW), at 
Stuart, Florida. Comments and related material were to reach the Coast 
Guard on or before July 5, 2022. As of May 27, 2022, 16 comments were 
received. These comments will be addressed with the Supplemental NOI 
comments.
    On May 26, 2022, the Honorable Brian Mast requested the NOI be 
``recalled, rewritten, and republished'' based on concerns the NOI 
failed to address all recommendations included in the 2018 Waterways 
Analysis and Management System (WAMS) study. The Coast Guard will 
publish an ex parte communications memorandum via the Federal Register 
using docket number USCG-2022-0222.
    This Supplemental NOI is being provided to clarify the Coast 
Guard's intent in gathering information under this NOI. The Coast Guard 
is seeking information regarding usage and equitable access to the 
waterway under the FEC Railroad Bridge, mile 7.4, and the SR 707 (Dixie 
Hwy) Bridge, mile 7.5, across the OWW, at Stuart, Florida. For 
drawbridge operating regulations, the Coast Guard interprets 
``equitable'' usage as access to the waterway which meets the 
reasonable needs of navigation while balancing the needs of competing 
modes of transportation.

III. Discussion on Comments and Changes

    As noted above, a request was made to recall, rewrite, and 
republish the NOI based on an apparent lack of objectivity regarding 
the Coast Guard's intent as to mariners' access to the waterway. The 
Coast Guard has updated the summary and revised question six of the 
original NOI to avoid perceived bias by the Coast Guard. A Supplemental 
NOI will be published in the Federal Register.

IV. Information Requested

    To aid us in further developing a proposed rule, we seek responses 
from waterway users to the following questions:
    (1) Do you currently transit through the FEC Railroad Bridge 
crossing the Okeechobee Waterway, mile 7.4, at Stuart, Florida?
    (2) How often do you transit this waterway?
    (3) If railway traffic impedes your navigation of this area, how 
long are you normally delayed?
    (4) How would you propose to regulate the balance of railway and 
maritime traffic in this area?
    (5) What challenges have you experienced when transiting this area 
due to these bridges and/or railway activity?
    (6) At what frequency and duration should the drawbridge openings 
occur in order to meet the needs of navigation?
    (7) Should the SR 707 (Dixie Hwy) Bridge opening schedule mirror 
the operating schedule of the FEC Railroad Bridge?

V. Public Participation and Request for Comments

    We encourage you to submit comments in response to this notice of 
inquiry through the Federal Decision Making Portal at https://www.regulations.gov. To do so, go to

[[Page 35473]]

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. In your 
submission, please include the docket number for this notice of inquiry 
and provide a reason for each suggestion or recommendation. 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.
    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. We review all 
comments received, but we may choose not to post off-topic, 
inappropriate, or duplicate comments that we receive. Additionally, 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.
    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).
    We may hold a public meeting, if necessary, to receive oral 
comments on this Notice of Inquiry and will announce the date, time, 
and location in a separate document published in the Federal Register. 
If you signed up for docket email alerts mentioned in the paragraph 
above, you will receive an email notice when the public meeting notice 
is published and placed in the docket.
    This document is issued under authority of 5 U.S.C. 552 (a) and 33 
U.S.C. 499.

    Dated: June 6, 2022.
Jeffrey K. Randall,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard 
District.
[FR Doc. 2022-12509 Filed 6-9-22; 8:45 am]
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