[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Rules and Regulations]
[Pages 29954-29955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14451]
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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.
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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governing its operation is no longer applicable.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. 98-14451 Filed 6-1 -98; 8:45 am]
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