[Federal Register Volume 65, Number 167 (Monday, August 28, 2000)]
[Rules and Regulations]
[Pages 52021-52022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21879]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-00-020]
RIN 2115-AE47


Drawbridge Operating Regulation; Red River, LA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the operating regulation for the 
State Route 107 vertical lift bridge across the Red River, mile 59.5, 
at Moncla, Louisiana. A new State Route 107 fixed bridge has opened and 
the vertical lift bridge has been removed from the waterway. The 
regulation governing the vertical lift bridge operation is no longer 
needed.

DATES: This regulation becomes effective on August 28, 2000.

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 3 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 107 fixed bridge across the Red River, mile 59.9, 
at Moncla, Louisiana, was opened to traffic in March of 2000. The old 
State Route 107 vertical lift bridge across the Red River, mile 59.5, 
was removed. 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. 117.491(a).
    The Coast Guard has determined that good cause exists under the 
Administrative Procedure Act (5 U.S.C. 553) to forgo notice and comment 
for this rulemaking because removing the bridge makes the need for the 
regulation unnecessary. The Coast Guard has also determined that good 
cause exists for the rule to become effective upon publication in the 
Federal Register as the bridge was removed in July, 2000.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order (E.O.) 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, l979). 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.
    This rule will have no impact on either vehicular or navigational 
traffic because the regulation being removed applies to a bridge that 
has been removed. Because it will have no impact, the Coast Guard 
certifies under 5 U.S.C. 605(b) that it will not have any economic 
impact on a substantial number of small entities.

Collection of Information

    This final rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this final rule under Executive Order 13132 and 
have determined that this final rule does not have implications for 
federalism under that Order.

[[Page 52022]]

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This final rule would not impose an unfunded mandate.

Taking of Private Property

    This final rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this final rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This final rule is not an economically significant rule and does 
not concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this final rule and 
concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1C, this final rule is categorically excluded from 
further environmental documentation. This final rule will change an 
existing special drawbridge operating regulation promulgated by a Coast 
Guard Bridge Administration Program action. A ``Categorical Exclusion 
Determination'' is available in the docket 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. Section 117.491(a) is revised to read as follows:


Sec. 117.491  Red River.

    (a) The draw of the Union Pacific Railroad bridge, mile 90.1, at 
Alexandria, shall open on signal if at least eight hours notice is 
given.
* * * * *

    Dated: August 15, 2000.
K. J. Eldridge,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard District, Acting.
[FR Doc. 00-21879 Filed 8-25-00; 8:45 am]
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