[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Rules and Regulations]
[Pages 3462-3463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1575]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD07-96-054]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
FL
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the regulation governing the
operation of the Coronado Beach bridge, mile 845 at New Smyrna Beach.
This drawbridge has been replaced by a higher drawbridge and there is
no longer a need for the regulation. Therefore, the Coast Guard is
removing 33 CFR 117.261(h).
DATES: January 23, 1997.
FOR FURTHER INFORMATION CONTACT:
Mr. Walt Paskowsky, Project Officer, Seventh Coast Guard District,
Bridge Section, at (305) 536-4103.
SUPPLEMENTARY INFORMATION:
Regulatory History
The Coast Guard finds that in accordance with 5 U.S.C. 553, good
cause exists for proceeding directly to final rule and making this rule
effective in less than 30 days. This final rule removes a bridge
regulation for a drawbridge that has been replaced. Therefore,
publishing a notice of proposed rulemaking or delaying the effective
date of the final rule is unnecessary and the Coast Guard is proceeding
to final rule, effective upon publication in the Federal Register.
Background and Purpose
The bridge regulation for the old Coronado Beach drawbridge,
locally known as the north bridge, was published in the Federal
Register on December 14, 1987 [52 FR 47391]. This regulation
established draw times on the opening of the old Coronado Beach
drawbridge. This drawbridge was replaced by a new higher bascule
drawbridge which opened to auto traffic on August 26, 1996. Therefore,
the regulations governing the operation of
[[Page 3463]]
the old drawbridge are no longer necessary and the Coast Guard is
removing 33 CFR 117.261(h).
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
rule to be so minimal that a full regulatory evaluation under paragraph
10e of the regulatory policy and procedures of DOT is unnecessary. We
conclude this because the drawbridge has been replaced with a new
bridge.
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. 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, because the drawbridge has been replaced with
a new bridge and is no longer necessary.
Collection of Information
This rule contains no collection-of-information requirement under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this 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.
Environment
The Coast Guard has considered the environmental impact of this
rule and has determined pursuant to section 2.B.2. of Commandant
Instruction M16475.1b (as revised by 59 FR 38654, July 29, 1994), that
this rule is categorically excluded from further environmental
documentation. Pursuant this instruction, specifically section
2.B.2e.(32)(e), a Categorical Exclusion checklist and determination has
been prepared and are available for inspection and copying.
List of Subjects in 33 CFR Part 117
Bridges.
Final Regulations
For the reasons set out in the preamble, the Coast Guard amends
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); section
117.255 also issued under the authority of Pub. L. 102-587, 106
stat. 5039.
Sec. 117.261 [Amended]
2. Section 117.261(h) is removed and reserved.
Dated: December 19, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 97-1575 Filed 1-22-97; 8:45 am]
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