[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Rules and Regulations]
[Page 55419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26673]
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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: Final rule.
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SUMMARY: The Coast Guard is changing the regulations governing the
operation of the old CSX Railroad bridge, across the Suwannee River,
mile 35.0 at Old Town, Dixie/ Levy Counties, by allowing the bridge to
remain permanently closed. This action will accommodate the needs of
non motorized recreational traffic and still provide for the reasonable
needs of navigation.
DATES: This section becomes effective November 12, 1999.
FOR FURTHER INFORMATION CONTACT: Mr. Walt Paskowsky, Project Manager,
Bridge Section, (305) 536-4103.
SUPPLEMENTARY INFORMATION:
Regulatory History
On November 9, 1998, the Coast Guard published a notice of proposed
rulemaking in the Federal Register (63 FR 60226). The Coast Guard
received one comment on the proposal. A public hearing was not
requested and one was not held.
Background and Purpose
The CSX Railroad bridge across Suwannee River is required to open
with 5 Days advance notice (33 CFR 117.33). However, no requests for a
bridge opening have been received since 1981. The State of Florida
purchased the bridge in 1997 and removed the railroad tracks for
development of the nature Coast Trail, a public facility for non-
motorized recreational activities.
Discussion of Comments and Changes
One comment was received requesting that the bridge be returned to
operable condition within six months, if changed conditions warrant it.
The final rule is changed from the proposed rule to address the concern
expressed by the comment. A provision has been added to restore the
bridge to operable condition within 6 months of notification by the
District Commander to do so.
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 10 e of the regulatory policies and procedures of DOT is
unnecessary. We conclude this because of the lack of requests to open
the draw.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule 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 field 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
final 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 the rule under the principles and
criteria contained in Executive Order 12612, 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 rule
and has determined under Figure 2-1, paragraph 32(e) of Commandant
Instruction M16475.1C, that this action is categorically excluded from
further environmental documentation. A ``Categorical Exclusion
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--[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 Suwannee River bridge, mile 35 at Old Town need not be
opened for the passage of vessels, however, the draw shall be restored
to operable condition within 6 months after notification by the
District Commander to do so.
Dated: September 16, 1999.
Thad. W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 99-26673 Filed 10-12-99; 8:45 am]
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