[Federal Register Volume 63, Number 216 (Monday, November 9, 1998)]
[Proposed Rules]
[Pages 60226-60227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29949]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD07-98-054]
RIN 2115-AE47
Drawbridge Operation Regulations; Suwannee River, Florida
AGENCY: Coast Guard, DOT.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: The Coast Guard proposes to amend the regulations governing
the operation of the CSX Railroad drawbridge (formerly owned by the
Seaboard System Railroad) across the Suwannee River, mile 35.0, at Old
Town, Dixie/Levy Counties, Florida, to allow the bridge to remain
permanently closed. The railroad Right of Way was sold to the State of
Florida in 1997 for development of the Nature Coast Trail, a public
facility for non-motorized recreational activities. The bridge has not
received an opening request since 1981. This action should accommodate
the needs of recreational land traffic and still provide for the
reasonable needs of navigation.
DATES: Comments must be received on or before January 8, 1999.
ADDRESSES: Comments may be mailed to Commander (oan) Seventh Coast
Guard District, 909 SE 1st Avenue, Miami, Florida 33131-3050, or may be
delivered to room 406 at the above address between 7:30 a.m. and 4:00
p.m. Monday through Friday, except federal holidays. The telephone
number is (305) 536-4103.
The District Commander maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at the above address.
FOR FURTHER INFORMATION CONTACT:
Mr. Walt Paskowsky, Project Manager, Bridge Section, (305) 536-4103.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views or arguments. Persons
submitting comments should include their names and addresses, identify
the rulemaking [CGD7 98-054] and the specific section of this proposal
to which each comment applies, and give the reason for each comment.
Persons wanting acknowledgement of receipt of comments should enclose
stamped, self-addressed postcards or envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments
received. The Coast Guard plans no public hearing. Persons may request
a public hearing by writing to the address listed in ADDRESSES. The
request should include the reasons why a hearing would be beneficial.
If it determines that the opportunity for oral presentations will aid
this rulemaking, the Coast Guard will hold a public hearing at a time
and place announced by a later notice in the Federal Register.
Background and Purpose
The CSX Railroad bridge is currently governed by 33 CFR 117.333
approved July 20, 1948, which provides for an opening if 5 days advance
notice is given. The State of Florida purchased the rail corridor from
CSX Transportation, Inc. in December 1997. The bridge was included in
this purchase. CSX maintained written records for five years prior to
the sale. There is no written evidence of the bridge being opened
during this period. Conversations with CSX staff by the State of
Florida indicate the bridge has not opened for more than 12 years.
Conversations with nearby residents indicate it was last opened in
1981. The State of Florida has requested permission to permanently
close the swing bridge due to a continued lack of navigation requiring
an opening. Therefore, the Coast Guard has agreed to propose amending
the regulations to allow the bridge to remain closed.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of executive order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation. (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary as there has not been a demand for an opening in the last
17 years.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' may include, small businesses and 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.
Because it expects the impact of the proposal to be minimal, the
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if
adopted, will not have a significant economic impact on a substantial
number of small entities because the absence of any vessel traffic in
the area of the bridge will not require the bridge to be opened in the
future.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act. (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed the rule under the principles and
criteria contained in Executive Order 12612,
[[Page 60227]]
and has determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this
proposal and has concluded under Figure 2-1, paragraph (32)(e) of
Commandant Instruction M16475.1C, that the promulgation of operating
requirements or procedures for drawbridges is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection and copying.
List of Subjects in 33 CFR Part 117
Bridges.
In consideration of the foregoing, the Coast Guard proposes to
amend Part 117 of Title 33, Code of Federal Regulations, as follows:
PART 117--[AMENDED]
1. The authority citation for Part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g).
2. Section 117.333 is revised to read as follows:
Sec. 117.333 Suwannee River.
The draw of the Suwannee River bridge, mile 35, at Old Town, need
not be opened for the passage of vessels.
Dated: October 22, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 98-29949 Filed 11-6-98; 8:45 am]
BILLING CODE 4910-15-M
