[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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