[Federal Register Volume 65, Number 45 (Tuesday, March 7, 2000)]
[Rules and Regulations]
[Pages 11893-11894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5489]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-00-008]
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 regulations governing the 
operation of the State Road 706, Indiantown Road drawbridge, mile 
1006.2, at Jupiter, Palm Beach County, Florida. This drawbridge has 
been removed and the regulations governing the operation of the 
drawbridge are no longer necessary.

DATES: This rule is effective March 7, 2000.

ADDRESSES: The Commander(oan), Seventh Coast Guard District, maintains 
the public docket for this rulemaking. The docket will be available for 
inspection or copying at 909 SE 1st Avenue, room 406, Miami, FL 33131 
between 8 a.m. and 4 p.m. Monday through Friday, except federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Evelyn Smart, Project Manager, 
Bridge Section, at (305) 536-6546.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. This final rule removes a 
bridge regulation for a drawbridge that was removed in September 1997.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This final rule removes a bridge 
regulation for a drawbridge that was removed in 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.

Background and Purpose

    The bridge regulations for the old State Road 706 drawbridge, 
locally known as the Indiantown Road Bridge, were published in the 
Federal Register on July 27, 1990 [55 FR 30689]. The regulation 
established draw times for

[[Page 11894]]

the opening of the drawbridge. This drawbridge was replaced with a 
higher bascule bridge and the old drawbridge has been removed from the 
waterway. The regulations governing the operation of the old drawbridge 
are no longer needed and the Coast Guard is removing 33 CFR 117.261(q).

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 has not reviewed it 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 removed.

Small Entities

    Under the Regulatory Flexibility Act (5 USC 601-612), we considered 
whether this rule would have a significant economic impact on a 
substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
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 newer, higher bascule bridge and the drawbridge regulation is no 
longer necessary.

Assistance for Small Entities

    This rule calls for no assistance for small entities under section 
213(a) of the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have sufficient implications for 
federalism to warrant the preparation of a Federalism Assessment.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph 32(e), of Commandant 
Instruction M16475.1C, this 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.

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 USC 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. In Sec. 117.261, remove and reserve paragraph (q).

    Dated: February 16, 2000.
T.W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 00-5489 Filed 3-6-00; 8:45 am]
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