Drawbridge operations: Florida,

[Federal Register: November 9, 1998 (Volume 63, Number 216)]

[Proposed Rules]

[Page 60226-60227]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09no98-12]

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.

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. 98-29949Filed11-6-98; 8:45 am]

   BILLING CODE 4910-15-M