[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Rules and Regulations]
[Pages 18320-18321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9925]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-97-125]
RIN 2115-AE47
Drawbridge Operation Regulations: Hutchinson River, NY
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the operating rules for the I-95
bridge at New York City, mile 2.2, over the Hutchinson River. The Coast
is removing the operating regulations for the I-95 highway bridge
because it was replaced by a fixed span in 1996. Notice and public
procedures have been omitted from this action because the bridge the
regulations formerly governed no longer exists.
DATES: This final rule is effective April 15, 1998.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the First Coast Guard District Office, 408
Atlantic Avenue, Boston, Massachusetts, 02110, 7 a.m. to 3 p.m., Monday
through Friday, except Federal holidays. The telephone number is (617)
223-8364.
FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Officer, First Coast Guard District, (617)
223-8364.
SUPPLEMENTARY INFORMATION:
Background
The I-95 Bridge was replaced by a new fixed span bridge in 1996.
The old bridge has been removed.
The Coast Guard has determined that good cause exists under the
Administrative Procedure Act (5 U.S.C. 553) to forego notice and
comment for this rulemaking because notice and comment are unnecessary.
Notice and comment are unnecessary because the bridge the regulations
governed no longer exists.
The Coast Guard, for the reason just stated, has also determined
that good cause exists for this rule to be effective upon publication
in the Federal Register.
Regulatory Evaluation
This final 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
[[Page 18321]]
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 rule to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary. This conclusion is based on the fact
that the bridge in question has been removed and the regulations for
said bridge are no longer needed.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this final rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include small businesses, not-for profit organizations that
are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations less than
50,000. Therefore, for the reasons discussed in the Regulatory
Evaluation section above, the Coast Guard certifies under section
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), that
this rule will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This final rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this final rule in accordance with 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.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under section 2.B.2.e. (34) of Commandant
Instruction M16475.1B, as amended by 59 FR 38655, July 29 1994, this
final rule is categorically excluded from further environmental
documentation. A ``Categorical Exclusion Determination'' is available
in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. In Sec. 117.793 paragraph (b) is revised to read as follows:
Sec. 117.793 Hutchinson River (Eastchester Creek).
* * * * *
(b) The draw of the Hutchinson River Parkway Bridge, mile 0.9,
shall open on signal if at least six hours notice is given.
* * * * *
Dated: March 16, 1998.
James D. Garrison,
Captain U.S. Coast Guard, Acting Commander, First Coast Guard District.
[FR Doc. 98-9925 Filed 4-14-98; 8:45 am]
BILLING CODE 4910-15-M
