[Federal Register: September 18, 1998 (Volume 63, Number 181)] [Rules and Regulations] [Page 49821-49822] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr18se98-4] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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a fixed bridge and the drawbridge was removed in 1995 and the regulation governing its operation of the drawbridge is no longer applicable.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] BILLING CODE 4910-15-M