[Federal Register Volume 63, Number 198 (Wednesday, October 14, 1998)]
[Rules and Regulations]
[Pages 55029-55030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27575]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-98-066]
RIN 2115-AE47


Drawbridge Operating Regulation; Buffalo Bayou, TX

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the operating regulation for the 
Lockwood Avenue Bridge across Buffalo Bayou, mile 2.3, in Houston, 
Harris County, Texas. The bridge was replaced with a fixed bridge and 
the drawbridge was removed in 1983 and the regulation governing its 
operation of the drawbridge is no longer applicable. The removal of 
this bridge also requires the change to the reference point for 
operating regulations on Buffalo Bayou. The Houston Belt and Terminal 
railroad bridge, mile 1.2, will become the reference point.

DATES: This regulation becomes effective on October 14, 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

    The Lockwood Avenue Bridge across Buffalo Bayou was replaced with a 
fixed bridge and the drawbridge was removed in 1983. The elimination of 
this drawbridge necessitates the removal of the drawbridge operation 
regulation that pertained to this draw. This draw was used as a 
reference point to state that this bridge and all drawbridges 
downstream of this bridge shall open for the passage of vessels if at 
least 24 hours notice is given. As the Lockwood Avenue Bridge will be 
removed from this regulation, the Houston Belt and Terminal railroad 
bridge, mile 1.2, will become the reference point. The Houston Belt and 
Terminal railroad bridge, mile 1.2, and all drawbridges downstream of 
it shall continue to open on signal if at least 24 hours notice is 
given.
    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 drawbridge has been replaced 
with a fixed bridge and the regulation governing this bridge is no 
longer needed. The change in reference point is an administrative 
revision that is not a substantive change to the regulatory 
requirements for the other bridges governed by this section.
    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 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. 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.
    Since the Lockwood Avenue Bridge across the Buffalo Bayou, mile 2.3 
at Houston, Texas, has been replaced with a fixed bridge and the 
drawbridge has been removed, the rule governing this bridge is no 
longer needed. 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 principles 
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.

[[Page 55030]]

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:

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.

    2. In Sec. 117.955 revise paragraph (a) to read as follows:


Sec. 117.955  Buffalo Bayou.

    (a) The draw of the Houston Belt and Terminal railroad bridge, mile 
1.2 at Houston, and all drawbridges downstream of it, shall open on 
signal if at least 24 hours notice if given.
* * * * *
    Dated: September 28, 1998.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 98-27575 Filed 10-13-98; 8:45 am]
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