Drawbridge operations: Florida,

[Federal Register: June 19, 1998 (Volume 63, Number 118)]

[Rules and Regulations]

[Page 33576-33577]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr19jn98-20]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-98-029]

RIN 2115-AE47

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, Florida

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast guard is removing the regulations governing the operation of the Seabreeze Boulevard Bridge, mile 829.1 at Daytona Beach, Florida. This drawbridge has been replaced by two higher fixed bridges and there is no longer a need for the regulations.

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 Seabreeze Boulevard Bridge, mile 829.1, was published in the Federal Register February 8, 1979 [44 FR 7981] and revised in the Federal Register on November 19, 1979 [44 FR 66195]. This regulation established draw times on the opening of the State Road 430 drawbridge. This drawbridge was replaced by two higher fixed level bridges, which opened to vehicular traffic in June, 1997. All parts of the old drawbridge not used in the new fixed bridges 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(f).

The Coast Guard finds in accordance with U.S.C. 553, 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 October, 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 a 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 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 governmental jurisdictions with populations of less than 50,000.

Therefore the Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities, because the drawbridge has been replaced with two new fixed bridges 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

[[Page 33577]]

contained in Executive Order 12612 and have 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.

   Sec. 117.261 [Removed and Reserved]

2. In Sec. 117.261, remove and reserve paragraph (f).

   Dated: May 18, 1998. Norman T. Saunders, Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.

   [FR Doc. 98-16369Filed6-18-98; 8:45 am]

   BILLING CODE 4910-15-M