Drawbridge operations: Texas,

[Federal Register: September 8, 1998 (Volume 63, Number 173)]

[Rules and Regulations]

[Page 47426-47427]

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

[DOCID:fr08se98-4]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-98-049]

Drawbridge Operating Regulation; Victoria Channel, TX

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is removing the operating regulation for the Missouri Pacific railroad automated bridge across Victoria Channel, mile 29.4, near Bloomington, Texas, which was published in 1978 allowing the bridge to operate as an automated bridge. However, the mechanism to automate the bridge was never connected and the bridge owner does not wish to automate the bridge. The bridge opens on signal. Therefore, the operating regulation is unnecessary and is being removed.

DATES: This regulation becomes effective September 8, 1998.

ADDRESSES: Documents referred to in this rule 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: Mr. David Frank, Bridge Administration Branch, telephone number 504- 589-2965.

SUPPLEMENTARY INFORMATION:

Background

In 1977, the contractor proposing to automate the Missouri Pacific railroad bridge across Victoria Channel, mile 29.4, at Bloomington, Texas, requested a special operating regulation for the automation of the drawbridge. The Coast Guard proceeded with the publication of the proposed regulation and on November 9, 1978, the operation regulation was published in the Federal Register (43 FR 53236). The regulation was amended on January 11, 1979 (44 FR 2386). However, the railroad never established the automation system and the bridge has operated manually throughout its existence. Presently, the bridge operates as required by 33 CFR 117.5 rather than under 33 CFR 117.991. Therefore, 33 CFR 117.991 is unnecessary and should be 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 although the drawbridge operation regulation was established, the bridge was never automated and continues to open on signal. Since the bridge was never automated and the owner does not wish to automate the bridge, there is no 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.

Regulatory Evaluation

This final rule is not a significant regulatory action under section 39f) 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 under that Order has not reviewed it. 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.

The Missouri Pacific railroad bridge across Victoria Channel, mile 29.4, at Bloomington, Texas opens for the passage of traffic on signal making the rule governing the bridge unnecessary. 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.

[[Page 47427]]

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. 3051 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 M16475.1C, 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:

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, 105 Stat. 5039.

   Sec. 117.991 [Removed]

2. Section 117.991 is removed.

   Dated: August 21, 1998. Paul J. Pluta, Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.

   [FR Doc. 98-24053Filed9-4-98; 8:45 am]

   BILLING CODE 4910-15-M