[Federal Register: November 15, 2002 (Volume 67, Number 221)]
[Rules and Regulations]
[Page 69129-69131]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no02-4]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-02-030]
RIN 2115-AE47
Drawbridge Operation Regulation; Portage Bayou, Pass Christian,
MS
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the draw of the Portage bascule bridge across Portage
Bayou, mile 2.0, at Pass Christian, Mississippi. The existing bridge
has been removed from service and a replacement bridge will be
constructed on the same alignment. Since the bridge is being removed,
the regulation controlling the opening and closing of the bridge is no
longer necessary.
DATES: This rule is effective November 15, 2002.
[[Page 69130]]
ADDRESSES: Documents referred to in this rule are available for
inspection or copying at Eighth Coast Guard District, Bridge
Administration Branch, 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. The
Commander, Eighth Coast Guard District, Bridge Administration Branch
maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration
Branch, at (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Good Cause for Not Publishing an NPRM
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds good cause
exists for not publishing an NPRM. Public comment is not necessary
since the bridge that the regulation governed is out of service and is
being completely removed. The bridge no longer affects navigation
through the area.
Good Cause for Making Rule Effective in Less Than 30 Days
Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register. There is no need to delay the implementation of
this rule because the bridge it governs is already out of service and
is being removed.
Background and Purpose
The existing bascule bridge across Portage Bayou, mile 2.0, which
had previously serviced the area is in the process of being removed and
no longer affects navigation. The regulation governing the operation of
the pontoon bridge is found in 33 CFR 117.684. The purpose of this rule
is to remove 33 CFR 117.684 from the Code of Federal Regulations since
it governs a bridge that is no longer in service and is being removed.
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 costs 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,
l979).
This rule removes the special regulation for a bridge that is
already out of service and is being removed.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
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.
This rule will have no impact on any small entities because the
regulation being removed applies to a bridge that has already been
taken out of service and is being removed.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This 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.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it
[[Page 69131]]
does not require a Statement of Energy Effects under Executive Order
13211.
Environment
We have considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. This final rule only involves removal of
the drawbridge operation regulation for a drawbridge that has been
removed from service. It will not have any impact on the environment. 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 P. L. 102-587, 106 Stat.
5039.
Sec. 117.684 [Removed]
2. Section 117.684 is removed.
Dated: November 5, 2002.
Roy J. Casto,
Rear Admiral, Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-28965 Filed 11-14-02; 8:45 am]
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