[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Rules and Regulations]
[Page 18319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9923]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-97-124]
RIN 2115-AE47
Drawbridge Operation Regulations: Presumpscot River, ME
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the operating rules for the US1
highway bridge at Martin Point, mile 0.0, over the Presumpscot River
between Portland and Falmouth, Maine. The US1 highway bridge was
replaced by a fixed span bridge in 1985, and the regulations are no
longer applicable. Notice and public procedure 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:
Backround
The US1 highway bridge at Martin Point was replaced by a new fixed
span bridge in 1985. The old highway 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 become effective upon
publication in the Federal Register.
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 policies and procedures of DOT is unnecessary.
This conclusion is based on the fact that the bridge has been removed
and the regulations for the 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 final 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 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.
Sec. 117.532 [Removed]
2. Section 117.532 is removed.
Dated: March 16, 1998.
James D. Garrison,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 98-9923 Filed 4-14-98; 8:45 am]
BILLING CODE 4910-15-M
