[Federal Register Volume 63, Number 173 (Tuesday, September 8, 1998)]
[Rules and Regulations]
[Pages 47426-47427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24053]
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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.
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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. 98-24053 Filed 9-4-98; 8:45 am]
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