[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Rules and Regulations]
[Page 18319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9923]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-97-124]
RIN 2115-AE47


Drawbridge Operation Regulations: Presumpscot River, ME

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the operating rules for the US1 
highway bridge at Martin Point, mile 0.0, over the Presumpscot River 
between Portland and Falmouth, Maine. The US1 highway bridge was 
replaced by a fixed span bridge in 1985, and the regulations are no 
longer applicable. Notice and public procedure have been omitted from 
this action because the bridge the regulations formerly governed no 
longer exists.

DATES: This final rule is effective April 15, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the First Coast Guard District Office, 408 
Atlantic Avenue, Boston, Massachusetts, 02110, 7 a.m. to 3 p.m. Monday 
through Friday, except Federal holidays. The telephone number is (617) 
223-8364.

FOR FURTHER INFORMATION CONTACT:
John W. McDonald, Project Officer, First Coast Guard District, (617) 
223-8364.

SUPPLEMENTARY INFORMATION:

Backround

    The US1 highway bridge at Martin Point was replaced by a new fixed 
span bridge in 1985. The old highway bridge has been removed.
    The Coast Guard has determined that good cause exists under the 
Administrative procedure Act (5 U.S.C. 553) to forego notice and 
comment for this rulemaking because notice and comment are unnecessary. 
Notice and comment are unnecessary because the bridge the regulations 
governed no longer exists.
    The Coast Guard, for the reason just stated, has also determined 
that good cause exists for this rule to become 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. 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 policies and procedures of DOT is unnecessary. 
This conclusion is based on the fact that the bridge has been removed 
and the regulations for the bridge are no longer needed.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considered whether this final rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include small businesses, not-for profit organizations that 
are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations less than 
50,000. Therefore, for the reasons discussed in the Regulatory 
Evaluation section above, the Coast Guard certifies under section 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This final rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this final rule in accordance with 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 considered the environmental impact of this rule 
and concluded that, under section 2.B.2.e. (34) of Commandant 
Instruction M16475.1B, as amended by 59 FR 38655, July 29, 1994, this 
final rule is categorically excluded from further environmental 
documentation. A ``Categorical Exclusion Determination'' is available 
in the docket for inspection or copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 117 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.


Sec. 117.532  [Removed]

    2. Section 117.532 is removed.

    Dated: March 16, 1998.
James D. Garrison,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 98-9923 Filed 4-14-98; 8:45 am]
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