[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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