[Federal Register Volume 63, Number 118 (Friday, June 19, 1998)]
[Rules and Regulations]
[Pages 33575-33576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16370]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD07-98-025]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Florida
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the regulations governing the
operation of the Flagler Beach Bridge (SR 100) mile 810.6, at Flagler
Beach, Florida. This drawbridge has been removed and replaced by a
higher fixed bridge and there is no longer a need for the regulation.
DATES: This rule is effective June 19, 1998.
FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Smart, Project Manager,
Bridge Section, at (305) 536-6546.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The bridge regulation for the Flagler Beach Bridge (SR 100) was
published in the Federal Register on October 13, 1995 [60 FR 53274].
The regulation established draw times for the opening of the
drawbridge. This drawbridge was replaced by a new higher fixed level
bridge, which opened to vehicular traffic in June, 1997. All parts of
the old drawbridge not used in the new fixed bridge have been removed
from the waterway. Therefore, the regulation governing the operation of
the old drawbridge is no longer necessary and the Coast Guard is
removing 33 CFR 117.261(e).
The Coast Guard finds in accordance with 5 U.S.C. 553, that 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 was removed in June 1997. 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.
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. The
office of Management and Budget under that order has not
[[Page 33576]]
reviewed it. 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 to which the rule applies no
longer exists.
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 government jurisdictions with populations of less than
50,000.
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, because the drawbridge has been replaced with
a new fixed bridge and the drawbridge regulation is no longer
necessary.
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 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.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
rule and has determined pursuant to figure 2-1, paragraph 32(e) of
Commandant Instruction M16475.1C, that this rule is categorically
excluded from further environmental documentation. A Categorical
Exclusion determination has been prepared and is available for
inspection and copying in the docket.
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.
117.261 [Removed and Reserved]
2. In 117.261, remove and reserve paragraph (e).
Dated: May 18, 1998.
Norman T. Saunders,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 98-16370 Filed 6-18-98; 8:45 am]
BILLING CODE 4910-15-M
