[Federal Register Volume 63, Number 181 (Friday, September 18, 1998)]
[Rules and Regulations]
[Pages 49821-49822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25037]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-98-055]
RIN 2115-AE47


Drawbridge Operating Regulation; Portage Bayou, Tchoutacabouffa 
and Wolf Rivers, MS

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the operating regulation for the 
Adams Bridge across the Wolf River, mile 1.3, in Pass Christian, 
Harrison County, Mississippi. The bridge was replaced with a fixed 
bridge and the drawbridge was removed in 1995 and the regulation 
governing its operation of the drawbridge is no longer applicable. The 
Coast Guard is also renumbering and dividing certain sections within 33 
CFR part 117 to improve readability. The renumbering is administrative 
and no substantive changes are being made.

DATES: This regulation becomes effective on September 18, 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 and Purpose

    The Adams Bridge across the Wolf River was replaced with a fixed 
bridge and the drawbridge was removed in 1995. 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. 117.685.
    Additionally, the Coast Guard is administratively renumbering 
certain sections with 33 CFR, part 117. The changes are administrative 
in nature and no substantive changes were made to these sections. These 
changes include redesignating Sec. 117.683 to Sec. 117.682 and 
redesignating Sec. 117.684 to Sec. 117.683. The remaining portions of 
Sec. 117.685 are

[[Page 49822]]

then divided so that the drawbridge operation regulations for Portage 
Bayou and the Tchoutacabouffa River are separated in Secs. 117.684 and 
117.685 respectively. These administrative changes will place the 
drawbridge operating regulations for each Mississippi waterway in 
separate and easily identifiable sections.
    The Coast Guard has determined that good cause exists under the 
Administrative Procedures Act (5 U.S.C. 553) to forego notice and 
comment for this rulemaking because the Adams Bridge is no longer in 
existence, eliminating the need for the regulation, and the renumbering 
has no substantive effect on the existing operating schedules.
    The Coast Guard, for the reasons just stated, has also determined 
that good cause exists for this rule to become effective upon 
publication in the Federal Register.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential cost and benefits under section 6(a)(3) of that order. The 
Office of Management and Budget has not reviewed it 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 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 must consider whether this rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include (1) small businesses and 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 Adams Bridge across the Wolf River, mile 1.3 at Pass 
Christian, Mississippi was replaced with a fixed bridge and has been 
removed, the rule governing the bridge is no longer appropriate. The 
renumbering within 33 CFR part 117 is administrative in nature and has 
no substantive effect on existing operating schedules. Therefore, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This rule contains no collection-of-information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that this action is categorically excluded from further 
environmental documentation under current Coast Guard CE #32(e), in 
accordance with Section 2.B.2 and Figure 2-1 of the National 
Environmental Protection Act Implementing Procedures, COMDTINST 
M16475.1C.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 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; and 33 CFR 1.05-1(g); 
section 117.255 also issued under the authority of Pub. L. 102-587, 
106 Stat. 5039.


Secs. 117.683 and 117.684  [Redesignated as Secs. 117.682 and 117.683]

    2. Section 117.683 (Pascagoula River) is redesignated as 
Sec. 117.682; Sec. 117.684 (Pearl River) is redesignated as 
Sec. 117.683; and a new Sec. 117.684 is added to read as follows:


Sec. 117.684  Portage Bayou.

    The draw of the Portage Bridge over Portage Bayou, mile 2.0, shall 
open on signal if at least two hours notice is given.
    3. Section 117.685 is revised to read as follows:


Sec. 117.685  Tchoutacabouffa River.

    The draw of the Cedar Lake Road Bridge over the Tchoutacabouffa 
River, mile 8.0, shall open on signal if at least twenty-four hours 
notice is given.

    Dated: September 4, 1998.
A.L. Gerfin, Jr.,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 98-25037 Filed 9-17-98; 8:45 am]
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