Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations 33575

List of Subject in 33 CFR Part 100

Marine Safety, Navigation (water),

Reporting and record keeping

requirements. Waterways.

Temporary Regulation.

In consideration of the foregoing, the

Coast Guard amends Part 100 of Title

33, Code of Federal Regulation, as

follows:

PART 100—[AMENDED]

1. The authority citation for Part 100

continues to read as follows:

Authority: 33 U.S.C. 1233; 49 CFR 1.46 and

33 CFR 100.35.

2. A temporary § 100.35–T08–028 is

added to read as follows:

§ 100.35–T08–028 Special Local

Regulation, Ohio River, Beech Bottom, WV.

(a) Regulated Area: A regulated area is

established on the Ohio River, which

consists of all waters, bank-to-bank,

inside mile markers 77.2 to 78.0.

(b) Special Local Regulation:

(1) Entry into the regulated area is

closed to all commercial and

recreational marine traffic from 9:30

a.m. to 6:30 p.m. EST on July 4 and 5,

1998 without the consent of the Captain

of the Port, Pittsburgh.

(2) Only vessels participating in the

speed boat race and sponsor safety

vessels will be permitted in the

regulated area.

(3) There will be periodic breaks in

the schedule. Vessels wishing to transit

the area must coordinate passage with

the Coast Guard Patrol Commander.

(c) Dates: This section is effective at

9:30 a.m. and terminates at 6:30 p.m.

EST on July 4 and 5, 1998.

Dated: June 11, 1998.

A.L. Gerfin, Jr.,

Captain, U.S. Coast Guard, Acting

Commander, 8th Coast Guard Dist.

[FR Doc. 98–16371 Filed 6–18–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 08–98–028]

Drawbridge Operating Regulation;

Lafourche Bayou, LA

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: The Commander, Eighth

Coast Guard District has issued a

temporary deviation from the regulation

governing the operation of the SR 1

vertical lift bridge across Lafourche

Bayou, mile 13.3, in Leeville, Lafourche

Parish, Louisiana. This deviation allows

the Louisiana Department of

Transportation and Development to

close the bridge to navigation

continuously from 7 a.m. on Tuesday

through 7 p.m. on Thursday each week

from July 7, 1998 through July 30, 1998.

This temporary deviation is issued to

allow for the replacement of all four sets

of lift cables for the vertical lift span.

DATES: This deviation is effective from

7 a.m. on July 7, 1998 until 7 p.m. on

July 9, 1998; from 7 a.m. on July 14,

1998 until 7 p.m. on July 16, 1998; from

7 a.m. on July 21, 1998 until 7 p.m on

July 23, 1998; and from 7 a.m. on July

28, 1998 until 7 p.m. on July 30, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

Phil Johnson or Mr. David Frank, Bridge

Administration Branch, Commander

(ob), Eighth Coast Guard District, 501

Magazine Street, New Orleans,

Louisiana, 70130–3396, telephone

number 504–589–2965.

SUPPLEMENTARY INFORMATION: The SR 1

vertical lift span bridge across Lafourche

Bayou at Leeville, Lafourche Parish,

Louisiana has a vertical clearance of 40

feet above mean high water in the

closed-to-navigation position. Mean

high water elevation is 3 feet above

Mean Sea Level (MSL). Navigation on

the waterway consists primarily of

fishing vessels, some tugs with tows and

occasional recreational craft. Presently,

the draw opens on signal for the passage

of vessels.

The Louisiana Department of

Transportation and Development

requested a temporary deviation from

the normal operation of the bridge in

order to do maintenance work on the

bridge. The work consists of replacing

all four sets of lift cables of the vertical

lift span. The cables are worn, have

begun to fray, and are in need of

immediate replacement. This work is

essential for the continued safe

operation of the vertical lift span.

The District Commander has,

therefore, issued a deviation from the

regulations in 33 CFR 117.5 authorizing

the SR 1 vertical lift span bridge across

Lafourche Bayou, Louisiana to remain

in the closed-to-navigation position

continuously from 7 a.m. on Tuesday

through 7 p.m. on Thursday each week

from July 7, 1998 through July 30, 1998.

Dated: June 11, 1998.

A.L. Gerfin, Jr.,

Captain, U.S. Coast Guard, Acting

Commander, 8th Coast Guard Dist.

[FR Doc. 98–16372 Filed 6–18–98; 8:45 am]

BILLING CODE 4910–15–M

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.

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
33576 Federal Register / Vol. 63, No. 118 / Friday, June 19, 1998 /Rules and Regulations

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-ofinformation 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]

BILLING CODE 4910–15–M

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-ofinformation 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