Drawbridge operations: Texas,

[Federal Register: October 14, 1998 (Volume 63, Number 198)]

[Rules and Regulations]

[Page 55029-55030]

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

[DOCID:fr14oc98-10]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-98-066]

RIN 2115-AE47

Drawbridge Operating Regulation; Buffalo Bayou, TX

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is removing the operating regulation for the Lockwood Avenue Bridge across Buffalo Bayou, mile 2.3, in Houston, Harris County, Texas. The bridge was replaced with a fixed bridge and the drawbridge was removed in 1983 and the regulation governing its operation of the drawbridge is no longer applicable. The removal of this bridge also requires the change to the reference point for operating regulations on Buffalo Bayou. The Houston Belt and Terminal railroad bridge, mile 1.2, will become the reference point.

DATES: This regulation becomes effective on October 14, 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

The Lockwood Avenue Bridge across Buffalo Bayou was replaced with a fixed bridge and the drawbridge was removed in 1983. The elimination of this drawbridge necessitates the removal of the drawbridge operation regulation that pertained to this draw. This draw was used as a reference point to state that this bridge and all drawbridges downstream of this bridge shall open for the passage of vessels if at least 24 hours notice is given. As the Lockwood Avenue Bridge will be removed from this regulation, the Houston Belt and Terminal railroad bridge, mile 1.2, will become the reference point. The Houston Belt and Terminal railroad bridge, mile 1.2, and all drawbridges downstream of it shall continue to open on signal if at least 24 hours notice is given.

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 drawbridge has been replaced with a fixed bridge and the regulation governing this bridge is no longer needed. The change in reference point is an administrative revision that is not a substantive change to the regulatory requirements for the other bridges governed by this section.

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 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 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.

Since the Lockwood Avenue Bridge across the Buffalo Bayou, mile 2.3 at Houston, Texas, has been replaced with a fixed bridge and the drawbridge has been removed, the rule governing this bridge is no longer needed. 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 principles 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.

[[Page 55030]]

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:

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.

2. In Sec. 117.955 revise paragraph (a) to read as follows:

   Sec. 117.955 Buffalo Bayou.

   (a) The draw of the Houston Belt and Terminal railroad bridge, mile 1.2 at Houston, and all drawbridges downstream of it, shall open on signal if at least 24 hours notice if given. * * * * *

   Dated: September 28, 1998. Paul J. Pluta, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.

   [FR Doc. 98-27575Filed10-13-98; 8:45 am]

   BILLING CODE 4910-15-M