Drawbridge Operation Regulations; Suwannee River, Florida

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. 98-29949 Filed 11-6-98; 8:45 am]

BILLING CODE 4910-15-M