[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]
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