[Federal Register Volume 64, Number 40 (Tuesday, March 2, 1999)]
[Rules and Regulations]
[Pages 10104-10105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5108]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-99-006]
RIN 2115-AE47


Drawbridge Operating Regulation; Bayou Chico, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the operating regulation for the 
State Route 292 bascule span bridge across Bayou Chico, mile 0.3, at 
Pensacola, Florida. A new State Route 292 fixed bridge has opened and 
the bascule bridge is being removed from the waterway. The regulation 
governing the bascule bridge operation is no longer needed.

DATES: This regulation becomes effective on April 1, 1999.

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: Mr. David Frank, Bridge Administration 
Branch, telephone number 504-589-2965.

SUPPLEMENTARY INFORMATION:

Background

    A new State Route 292 fixed bridge across Bayou Chico, mile 0.5, at 
Pensacola, Florida, was opened to traffic on January 26, 1999. The old 
State Route 292 bascule bridge across Bayou Chico, mile 0.3, is 
presently being dismantled. Until it is completely dismantled, the draw 
will be maintained in the open to navigation position. When the 
drawbridge is removed, in mid April 1999, the operating regulation, 
Sec. 117.265, will not be needed. This rule removes the regulation.
    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 removing the bridge eliminates need 
for the regulation.

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. 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.

[[Page 10105]]

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 old State Route 292 bascule bridge across Bayou Chico, 
mile 0.3, at Pensacola, Florida, has been removed from service and is 
presently being dismantled, the rule governing the 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 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:

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. 117.265  [Removed]

    2. Section 117.265 is removed.

    Dated: February 12, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 99-5108 Filed 3-1-99; 8:45 am]
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