[Federal Register Volume 63, Number 72 (Wednesday, April 15, 1998)]
[Rules and Regulations]
[Pages 18320-18321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9925]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-97-125]
RIN 2115-AE47


Drawbridge Operation Regulations: Hutchinson River, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the operating rules for the I-95 
bridge at New York City, mile 2.2, over the Hutchinson River. The Coast 
is removing the operating regulations for the I-95 highway bridge 
because it was replaced by a fixed span in 1996. Notice and public 
procedures 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:

Background

    The I-95 Bridge was replaced by a new fixed span bridge in 1996. 
The old 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 be effective upon publication 
in the Federal Register.

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 not been reviewed by the Office of Management and 
Budget under that Order. It is not significant under the

[[Page 18321]]

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 in question has been removed and the regulations for 
said 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 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 final 
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.

    2. In Sec. 117.793 paragraph (b) is revised to read as follows:


Sec. 117.793  Hutchinson River (Eastchester Creek).

* * * * *
    (b) The draw of the Hutchinson River Parkway Bridge, mile 0.9, 
shall open on signal if at least six hours notice is given.
* * * * *
    Dated: March 16, 1998.
James D. Garrison,
Captain U.S. Coast Guard, Acting Commander, First Coast Guard District.
[FR Doc. 98-9925 Filed 4-14-98; 8:45 am]
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