[Federal Register: April 15, 1998 (Volume 63, Number 72)] [Rules and Regulations] [Page 18322-18323] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr15ap98-13] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 117 [CGD01-97-126] RIN 2115-AE47 Drawbridge Operation Regulations: North River, MA AGENCY: Coast Guard, DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is removing the operating rules for the S3A Bridge, mile 1.6, at Scituate, Massachusetts. The S3A Bridge was removed in 1995, and replaced by a temporary bridge; therefore, the regulations for the S3A Bridge are no longer necessary. Notice and public procedure have been omitted from this action because the bridge the regulations formerly governed no longer exits. DATES: This final rule is effective April 15, 1998. ADDRESSES: Documents as indicated in this preamble are available for inspection or coping at the First Coast Guard District Office, 408 Atlantic Avenue, Boston, Massachusetts, 02210, 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 S3A Bridge has been removed and replaced by a temporary bridge. A new fixed span bridge will be constructed on the original alignment of the S3A Bridge. 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 reasons just stated, has also determined that good cause exists for this final 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 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. 350 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. [[Page 18323]] 2. Section 117.613 is revised to read as follows: Sec. 117.613 North River. The draw of the Plymouth County (Bridge Street) Bridge, mile 4.0, at Norwell, shall open on signal from May 1 through October 31 if at least four hours notice is given. From November 1 through April 30, the draw shall open on signal if at least 24 hours notice is given. Dated: March 16, 1998. James D. Garrison, Captain, U.S. Coast Guard, Acting Commander, First Coast Guard District. [FR Doc. 98-9927 Filed 4-14-98; 8:45 am] BILLING CODE 4910-15-M