[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Rules and Regulations]
[Pages 3462-3463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1575]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD07-96-054]
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 regulation governing the 
operation of the Coronado Beach bridge, mile 845 at New Smyrna Beach. 
This drawbridge has been replaced by a higher drawbridge and there is 
no longer a need for the regulation. Therefore, the Coast Guard is 
removing 33 CFR 117.261(h).

DATES: January 23, 1997.

FOR FURTHER INFORMATION CONTACT:
Mr. Walt Paskowsky, Project Officer, Seventh Coast Guard District, 
Bridge Section, at (305) 536-4103.

SUPPLEMENTARY INFORMATION:

Regulatory History

    The Coast Guard finds that in accordance with 5 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 has been replaced. 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.

Background and Purpose

    The bridge regulation for the old Coronado Beach drawbridge, 
locally known as the north bridge, was published in the Federal 
Register on December 14, 1987 [52 FR 47391]. This regulation 
established draw times on the opening of the old Coronado Beach 
drawbridge. This drawbridge was replaced by a new higher bascule 
drawbridge which opened to auto traffic on August 26, 1996. Therefore, 
the regulations governing the operation of

[[Page 3463]]

the old drawbridge are no longer necessary and the Coast Guard is 
removing 33 CFR 117.261(h).

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 policy and procedures of DOT is unnecessary. We 
conclude this because the drawbridge has been replaced with a new 
bridge.

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. 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 bridge and is no longer necessary.

Collection of Information

    This rule contains no collection-of-information requirement 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.

Environment

    The Coast Guard has considered the environmental impact of this 
rule and has determined pursuant to section 2.B.2. of Commandant 
Instruction M16475.1b (as revised by 59 FR 38654, July 29, 1994), that 
this rule is categorically excluded from further environmental 
documentation. Pursuant this instruction, specifically section 
2.B.2e.(32)(e), a Categorical Exclusion checklist and determination has 
been prepared and are available for inspection and copying.

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  [Amended]

    2. Section 117.261(h) is removed and reserved.

    Dated: December 19, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 97-1575 Filed 1-22-97; 8:45 am]
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