[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governing its operation is no longer applicable.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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