[Federal Register Volume 59, Number 81 (Thursday, April 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10171]


[Federal Register: April 28, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD07-93-091]


Drawbridge Operation Regulations; Kissimmee River, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing regulations governing the 
operation of the CSX Railroad bridge, at mile 37.0, near Fort Basinger, 
Florida, by requiring 96 hour advance notification for an opening of 
the draw. This proposal is being made to be consistent with three other 
bridges on the waterway. This action will relieve the bridgeowner of 
the burden of having a person available within 72 hours to open the 
draw, which has not opened during the past twenty years, while still 
providing for the reasonable needs of navigation.

EFFECTIVE DATE: May 31, 1994.

FOR FURTHER INFORMATION CONTACT:
Walter Paskowsky, Project Manager, Bridge Section at (305) 536-4103.

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The principal persons involved in drafting this document are Walter 
Paskowsky, Project Manager, and LT J. M. Losego, Project Counsel.

Regulatory History

    On November 9, 1993 the Coast Guard published a notice of proposed 
rulemaking entitled Drawbridge Operation Regulations in the Federal 
Register (57 FR 59426). The Coast Guard received no comments on the 
proposal. A public hearing was not requested and one was not held.

Background and Purpose

    This swingbridge presently opens with 72 hours advance notice for 
the passage of floating equipment employed for flood control work under 
the jurisdiction of the South Florida Water Management District or the 
U.S. Army Corps of Engineers. This regulation was established in 1964 
by the U.S. Army Corps of Engineers with the Kissimmee River Flood 
Control Project was under construction. The State Road 70, 78 and 98 
highway bridges which cross the same waterway have been authorized to 
open with 96 hours advance notice. This change will allow the CSX 
Railroad bridge at mile 37.0, which must be opened by hand, to open 
with a similar 96 hour advance notice.
    The limitation on the type of vessel navigation which would be 
allowed an opening will be removed; however, there is not expected to 
be an increase in the number of openings since the level of navigation 
on the waterway is limited to small recreational vessels. The rule will 
also reflect the bridge owner's name change from Seaboard System to CSX 
Railroad.

Discussion of Comments

    No comments were received. The owner of the bridge CSX 
Transportation, concurred with the proposed change prior to the 
publication of the notice of proposed rulemaking.

Regulatory Evaluation

    This rule is not a significant regulatory action under Executive 
Order 12866 and is not significant under the Department of 
Transportation Regulatory Policies and Procedures (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a Regulatory Evaluation is unnecessary. 
We conclude this because the drawbridge has not been opened during the 
past twenty years.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). Since the drawbridge has not opened since 1970, the 
increase in advance notification requirements will not affect 
commercial navigation. Because it expects the impact of the proposal to 
be so minimal, the Coast Guard certifies under Section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

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 this proposal under the principles and 
criteria contained in Executive Order 12612, and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2.g.(5) of Commandant 
Instruction M16475.1B, promulgation of operating requirements or 
procedures for drawbridges is categorically excluded from further 
environmental documentation. A Categorical Exclusive Determination is 
available in the docket.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    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).


Sec. 117.295  Kissimmee River

    The draw of the DSX Railroad bridge, mile 37.0, near Fort Basinger, 
shall open if at least 96 hours notice is given.

    Dated: April 4, 1994.
W.P. Leahy,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 94-10171 Filed 4-26-94; 8:45 am]
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