[Federal Register: October 13, 1999 (Volume 64, Number 197)]
[Rules and Regulations]               
[Page 55419]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc99-9]                         

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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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