[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Rules and Regulations]
[Pages 46275-46276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22054]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD01-99-080]
RIN 2115-AE47


Drawbridge Operation Regulations: Long Island, New York Inland 
Waterway From East Rockaway Inlet to Shinnecock Canal, NY

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the operating rules for the 
Ponquoque Point Bridge, mile 78.0, across Shinnecock Bay in New York. 
The Ponquoque Point Bridge has been replaced with a fixed bridge and 
the operating regulations are no longer necessary. 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 August 25, 1999.

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 Ponquoque Point Bridge, mile 78.0, across Shinnecock Bay has 
been replaced with a fixed bridge and the operating regulations are now 
unnecessary.
    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 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 final 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 formerly governed by the regulations no longer exists.

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 final 
rule and concluded that, under Section 2.B.2., Figure 2-1, paragraph 
(32)(e), of Commandant Instruction M16475.1C, this final rule is 
categorically excluded

[[Page 46276]]

from further environmental documentation because promulgation of 
changes to drawbridge regulations have been found not to have a 
significant effect on the environment. A written ``Categorical 
Exclusion Determination'' is not required for this final rule.

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 OPERATIONS 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. Section 117.799(d) is revised to read as follows:


Sec. 117.799  Long Island, New York Inland Waterway from East Rockaway 
Inlet to Shinnecock Canal.

* * * * *
    (d) The draws of the West Bay Bridge, mile 0.1, across Quantuck 
Canal, Beach Lane Bridge, mile 1.1, across Quantuck Canal, Quoque 
Bridge, mile 1.1, across Quoque Canal, and the Smith Point Bridge, mile 
6.1, across Narrow Bay, shall open on signal, from October 1 through 
April 30, from 8 a.m. to 4 p.m., and from May 1 through September 30, 
from 6 a.m. to 10 p.m. At all other times during these periods, the 
draws shall open as soon as possible but no more than one hour after a 
request to open is received.
* * * * *
    Dated: August 11, 1999.
R.M. Larrabee,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 99-22054 Filed 8-24-99; 8:45 am]
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