[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Rules and Regulations]
[Pages 46275-46276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22054]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD01-99-080]
RIN 2115-AE47
Drawbridge Operation Regulations: Long Island, New York Inland
Waterway From East Rockaway Inlet to Shinnecock Canal, NY
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the operating rules for the
Ponquoque Point Bridge, mile 78.0, across Shinnecock Bay in New York.
The Ponquoque Point Bridge has been replaced with a fixed bridge and
the operating regulations are no longer necessary. 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 August 25, 1999.
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 Ponquoque Point Bridge, mile 78.0, across Shinnecock Bay has
been replaced with a fixed bridge and the operating regulations are now
unnecessary.
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 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 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 formerly governed by the regulations no longer exists.
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 final
rule and concluded that, under Section 2.B.2., Figure 2-1, paragraph
(32)(e), of Commandant Instruction M16475.1C, this final rule is
categorically excluded
[[Page 46276]]
from further environmental documentation because promulgation of
changes to drawbridge regulations have been found not to have a
significant effect on the environment. A written ``Categorical
Exclusion Determination'' is not required for this final rule.
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 OPERATIONS 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. Section 117.799(d) is revised to read as follows:
Sec. 117.799 Long Island, New York Inland Waterway from East Rockaway
Inlet to Shinnecock Canal.
* * * * *
(d) The draws of the West Bay Bridge, mile 0.1, across Quantuck
Canal, Beach Lane Bridge, mile 1.1, across Quantuck Canal, Quoque
Bridge, mile 1.1, across Quoque Canal, and the Smith Point Bridge, mile
6.1, across Narrow Bay, shall open on signal, from October 1 through
April 30, from 8 a.m. to 4 p.m., and from May 1 through September 30,
from 6 a.m. to 10 p.m. At all other times during these periods, the
draws shall open as soon as possible but no more than one hour after a
request to open is received.
* * * * *
Dated: August 11, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-22054 Filed 8-24-99; 8:45 am]
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