Drawbridge operations: Texas,

[Federal Register: June 2, 1998 (Volume 63, Number 105)]

[Rules and Regulations]

[Page 29954-29955]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr02jn98-11]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-98-015]

RIN 2115-AE47

Drawbridge Operating Regulation; Clear Creek, TX

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is removing the operating regulation for the Southern Pacific railroad bridge across Clear Creek, mile 1.0, at Seabrook, Texas. The bridge was removed in 1997 and the regulation governing its operation is no longer applicable. Notice and public procedure have been omitted from this action because the bridge the regulation formerly governed no longer exists.

DATES: This regulation becomes effective on June 2, 1998.

ADDRESSES: Documents referred to in this notice are available for inspection or copying at the office of the Eighth Coast Guard District, Bridge Administration Branch, Hale Boggs Federal Building, room 1313, 501 Magazine Street, New Orleans, Louisiana 70130-3396 between 7 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is (504) 589-2965. Commander (ob) maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT:

[[Page 29955]]

Mr. David Frank, Bridge Administration Branch, telephone number 504- 589-2965.

SUPPLEMENTARY INFORMATION:

Background

The Southern Pacific railroad bridge across Clear Creek, mile 1.0, at Seabrook, Texas, was removed in 1997. The elimination of this drawbridge necessitates the removal of the drawbridge operation regulation that pertained to this draw. This rule removes the regulation for this bridge in Sec. 117.961.

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 the bridge is no longer in existence, eliminating the need for the regulation.

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.

Regualtory 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.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considers whether this final rule will have a significant economic impact on a substantial number of small entities. ``Small entities'' include (1) small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and (2) governmental jurisdictions with populations of less than 50,000.

Since the Southern Pacific Railroad bridge across Clear Creek, mile 1.0, at Seabrook, Texas has been removed, the rule governing the bridge is no longer appropriate. Therefore, 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.

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 under the principals and criteria contained in Executive Order 12612 and has determined that this rulemaking 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 Figure 2-1, CE # 32(e) of the NEPA Implementing Procedures, COMDINST M16475.IC, 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 is amending Part 117 of Title 33, Code of Federal Regulations, as follows:

PAR 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, 105 Stat. 5039.

   Sec. 117.961 [Removed]

2. Section 117.961 is removed.

   Dated: May 11, 1998. Paul J. Pluta, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.

   [FR Doc. 98-14451Filed6-1 -98; 8:45 am]

   BILLING CODE 4910-15-M