95-22529. Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, FL

[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Page 47270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22529]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD 07-95-20]
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 regulations governing the 
operation of the Merrill Barber, State Road 60 bridge, mile 951.9, at 
Vero Beach. This drawbridge has been replaced by a fixed bridge and 
there is no longer a need for the regulation.

EFFECTIVE DATE: October 12, 1995.

FOR FURTHER INFORMATION CONTACT:
Mr. Walt Paskowsky, Project Manager, Bridge Section, [phone].

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, as notice 
of proposed rulemaking has not been published for these regulations, 
because there is no longer a need for the regulations as they pertain 
to a drawbridge that no longer exists.

Drafting Information

    The principal persons involved in drafting this document are Walt 
Paskowsky, Project Manager, and LT Commander Rob Wilkins, Project 
Counsel.

Background and Purpose

    The Merrill Barber bridge was replaced by a high level fixed bridge 
on March 1, 1995. The old drawbridge is in the process of being removed 
from the waterway. This removal is a requirement of the permit issued 
for the new bridge. The regulations in 33 CFR 117.261(n) governing the 
operation of the old drawbridge are no longer necessary and are being 
removed.

Environment

    Under section 2.B.2.e(32)(e) of Commandant Instruction M16475.1B, 
this rule is categorically excluded from further environmental 
documentation.

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.

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. We 
conclude this because the drawbridge no longer exists.

List of Subjects in 33 CFR Part 117

    Bridges.

    In consideration of the foregoing facts, part 117 of Title 33 of 
the Code of Federal Regulations is amended 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. Section 117.261 paragraph (n) is removed and reserved.


Sec. 117.261  Atlantic Intracoastal Waterway from St. Mary's River to 
Key Largo.

* * * * *
    (n) [Removed and reserved]
* * * * *
    Dated: July 21, 1995.
R.T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 95-22529 Filed 9-11-95; 8:45 am]
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