[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operation of the drawbridge is no longer applicable.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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