[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]
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