[Federal Register: May 11, 2004 (Volume 69, Number 91)]
[Rules and Regulations]
[Page 26042-26043]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my04-29]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-04-021]
RIN 1625-AA09
Drawbridge Operation Regulations; Stono River; Mile 11.0 at Johns
Island, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the regulations
governing the operation of the Maybank Highway Bridge, Stono River mile
11.0, Johns Island, South Carolina. This rule is needed to provide for
worker safety while preparations are made for the removal of the
bridge. The bridge will open on signal, except that from 4 p.m. to 9
a.m., the bridge will remain closed to navigation unless a 12-hour
notification is made to the bridge owner.
DATES: This rule is effective from May 11, 2004, until December 30,
2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD07-04-021 and are available for
inspection or copying at Commander (obr), Seventh Coast Guard District,
909 SE. 1st Avenue, Room 432, Miami, FL 33131, between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Lieberum, Project Officer,
Seventh Coast Guard District, Bridge Branch, at (305) 415-6744.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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 that good
cause exists for not publishing an NPRM. Publishing an NPRM was
impracticable and contrary to the public interest, because the rule is
needed to provide for worker safety while preparations are made for the
removal of the bridge.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after Federal
Register publication. The current bridge logs provide documentation
that this bridge has not opened during the requested closure times.
However, safety concerns arising from the bridge removal process
require official closure of the bridge to navigation immediately. This
rule provides provisions for vessels to transit through the bridge
during the requested closure times.
Background and Purpose
The Maybank Highway Bridge, Stono River mile 11.0, Johns Island,
South Carolina, is being replaced with a high-level fixed bridge.
The South Carolina Department of Transportation notified the Coast
Guard on December 9, 2003, that the current operating schedule for this
bridge does not meet the needs of the Department. On December 22, 2003,
the owner of the bridge facsimiled the bridge logs to this office for
documentation. The bridge logs indicated that, for the past six months,
no bridge openings have been requested during nighttime hours. For the
reasons stated above, the owner of the bridge requested that the
regulations be changed to reflect the current operation of the bridge.
The bridge will be required to open on signal from 9 a.m. to 4 p.m.
every day. At all other times, an opening will be available if a 12-
hour notice is provided to the bridge owner at 843-830-9297. In cases
of emergency, the bridge will be opened as soon as possible.
Discussion of Rule
The draw of the Maybank Highway Bridge shall open on signal from 9
a.m. to 4 p.m. From 4 p.m. to 9 a.m., the bridge will remain closed to
navigation unless a 12-hour advance notification is provided to the
owner of the bridge at 843-830-9297. The draw shall open as soon as
possible for the passage of tugs with tows, public vessels of the
United States and vessels in a situation where a delay would endanger
life or property.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland
Security (DHS). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation is unnecessary.
The rule will not affect vessel traffic through this bridge, as no
openings have been requested during the six months prior to this rule,
and vessel traffic can make arrangements for a bridge opening during
the closed periods.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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
would not have a significant economic impact on a substantial number of
small entities, because the regulations will not affect the current
pattern of marine traffic through this bridge, yet still provide for
the reasonable needs of navigation.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment to the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this rule would economically
affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. If this
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in FOR FURTHER
INFORMATION CONTACT.
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
[[Page 26043]]
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 would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in the 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 would not create an
environmental risk to health or risk to safety that might
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 does not require a statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction, from further environmental
documentation. Under figure 2-1, paragraph (32)(e), of the Instruction,
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for Part 117 continues to read as follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); Section 117.255 also issued
under authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From 9 a.m., May 11, 2004, until 9 a.m. on December 30, 2004, Sec.
117.937 is suspended and new Sec. 117.T940 is added as follows:
Sec. 117.T940 Stono River, mile 11.0 at Johns Island, SC.
The draw of the Maybank Highway Bridge shall open on signal from 9
a.m. to 4 p.m. From 4 p.m. to 9 a.m. the bridge will remain closed to
navigation unless a 12-hour advance notification is provided to the
owner of the bridge at 843-830-9297. The draw shall open as soon as
possible for the passage of tugs with tows, public vessels of the
United States and vessels in a situation where a delay would endanger
life or property.
Dated: April 30, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-10635 Filed 5-10-04; 8:45 am]
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