[Federal Register Volume 64, Number 40 (Tuesday, March 2, 1999)]
[Rules and Regulations]
[Pages 10104-10105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5108]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-99-006]
RIN 2115-AE47
Drawbridge Operating Regulation; Bayou Chico, FL
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the operating regulation for the
State Route 292 bascule span bridge across Bayou Chico, mile 0.3, at
Pensacola, Florida. A new State Route 292 fixed bridge has opened and
the bascule bridge is being removed from the waterway. The regulation
governing the bascule bridge operation is no longer needed.
DATES: This regulation becomes effective on April 1, 1999.
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: Mr. David Frank, Bridge Administration
Branch, telephone number 504-589-2965.
SUPPLEMENTARY INFORMATION:
Background
A new State Route 292 fixed bridge across Bayou Chico, mile 0.5, at
Pensacola, Florida, was opened to traffic on January 26, 1999. The old
State Route 292 bascule bridge across Bayou Chico, mile 0.3, is
presently being dismantled. Until it is completely dismantled, the draw
will be maintained in the open to navigation position. When the
drawbridge is removed, in mid April 1999, the operating regulation,
Sec. 117.265, will not be needed. This rule removes the regulation.
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 removing the bridge eliminates need
for the regulation.
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 final rule to be so minimal that a full Regulatory
Evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary.
[[Page 10105]]
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 old State Route 292 bascule bridge across Bayou Chico,
mile 0.3, at Pensacola, Florida, has been removed from service and is
presently being dismantled, the rule governing the 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 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:
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. 117.265 [Removed]
2. Section 117.265 is removed.
Dated: February 12, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 99-5108 Filed 3-1-99; 8:45 am]
BILLING CODE 4910-15-M
