[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Rules and Regulations]
[Pages 24426-24427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11774]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-98-030]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Hobucken, NC
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the regulations that govern the
operation of the S.R. 304 bridge across the Atlantic Intracoastal
Waterway, mile 157.2, Hobucken, North Carolina, because the swing
bridge has been removed.
DATES: This rule becomes effective on June 3, 1998.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administration, Fifth Coast Guard District, at
(757) 398-6222.
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of
proposed rulemaking (NPRM) was not published for this regulation. Good
cause exists for not publishing a NPRM because prior removal of the
bridge renders a notice and comment period unnecessary.
Background and Purpose
The swing bridge across the Atlantic Intracoastal Waterway, mile
157.2, at Hobucken, North Carolina, was replaced by a high level fixed
bridge. The existing swing bridge has been removed, thereby eliminating
the need for 33 CFR 117.821(a)(2). This action has no economic
consequences. It merely removes regulations for a swing bridge that no
longer exists.
[[Page 24427]]
This action necessitates redesignating the regulations listed in 33
CFR 117.821(a) (3), (4), (5), and (6) for the drawbridges at Surf City,
Figure Eight, Wrightsville Beach, and Sunset Beach along the Atlantic
Intracoastal Waterway within North Carolina.
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 been exempted from review 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 final rule to be non-existent, therefore, a
full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard must consider whether this final rule will have a significant
economic impact on a substantial number of small entities. Small
entities include independently owned and operated small businesses that
are not dominant in their field and that otherwise qualify as ``small
business concerns'' under section 3 of the Small Business Act (15
U.S.C. 632).
This final rule does not affect vessel navigation on this waterway
since it merely removes regulations for a bridge which no longer
exists. Therefore, 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 final rule contains no collection of information requirement
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
this final rule does not have sufficient federalism implications to
warrant 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.b. and item (32)(e) of
Figure 2-1 of Commandant Instruction M16475.1C dated November 14, 1997,
this final rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination statement has been
prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
In consideration of the foregoing, the Coast Guard is amending Part
117 of Title 33, Code of Federal Regulations 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. 117.821, paragraph (a)(2) is removed and paragraphs (a)
(3), (4), (5), and (6) are redesignated as paragraphs (a) (2), (3),
(4), and (5), respectively.
Dated: April 23, 1998.
J. Carmichael,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 98-11774 Filed 5-1-98; 8:45 am]
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