[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Rules and Regulations]
[Pages 42874-42876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16245]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-04-014]
RIN 1625-AA09
Drawbridge Operation Regulations; Socastee River (SR 544),
Atlantic Intracoastal Waterway, Mile 371, Horry County, SC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing the regulations governing the
operation of the Socastee (SR 544) Swing Bridge across the Atlantic
Intracoastal Waterway, mile 371, Horry County, SC. This rule will
require the bridge to open on signal.
DATES: This rule is effective August 18, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD07-04-014] and are available for inspection or
copying at Commander (obr), Seventh Coast Guard District, 909 SE 1st
Avenue, Miami, Florida 33131, between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Bridge Branch (obr), Seventh
Coast Guard District, maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Manager,
Seventh Coast Guard District, Bridge Branch, (305) 415-6743.
SUPPLEMENTARY INFORMATION:
Regulatory History
On March 4, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Socastee River (SR
544), Atlantic Intracoastal Waterway, Mile 371, Horry County, SC, in
the Federal Register (69 FR 10182). We received no comments on the
proposed rule. No
[[Page 42875]]
public meeting was requested and none was held.
Background and Purpose
The South Carolina Department of Transportation requested that the
Coast Guard remove the existing regulations governing the operation of
the Socastee (SR 544) Swing Bridge and allow the bridge to open on
signal. The request was made due to the close proximity of a new high-
level fixed bridge. The majority of vehicular traffic in the area
currently utilizes the high-level fixed bridge.
The Socastee (SR 544) Swing Bridge is located on the Atlantic
Intracoastal Waterway, mile 371, Horry County, SC. The current
regulation governing the operation of the Socastee (SR 544) Swing
Bridge is published in 33 CFR 117.911(b) and requires the bridge to
open on signal; except that, from April 1 through June 30 and October 1
through November 30 from 7 a.m. to 10 a.m. and 2 p.m. to 6 p.m., Monday
through Friday, except Federal holidays, the draw need open only on the
quarter and three-quarter hour. From May 1 through June 30 and October
1 through October 31 from 10 a.m. to 2 p.m., Saturdays, Sundays and
Federal holidays, the draw need open only on the quarter and three-
quarter hour.
Discussion of Comments and Changes
We received no comments on the NPRM. This change will allow vessels
to pass through the bridge on signal. The majority of vehicular traffic
that utilized this bridge now utilizes the new high-level fixed bridge,
which is adjacent to the swing bridge.
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).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. The rule improves vessel
traffic through the bridge; while vehicular traffic is utilizing a
newly constructed high-level fixed bridge nearby.
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.
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. The Coast Guard
offered small businesses, organizations, or governmental jurisdictions
that believed the rule would affect them, or that had questions
concerning its provisions or options for compliance, to 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 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 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 will 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
[[Page 42876]]
voluntary consensus standards in their regulatory activities unless the
agency provides Congress, through the Office of Management and Budget,
with an explanation of why using these standards would be inconsistent
with applicable law or otherwise impractical. Voluntary consensus
standards are technical standards (e.g., specifications of materials,
performance, design, or operation; test methods; sampling procedures;
and related management systems practices) that are developed or adopted
by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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.
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.
Sec. 117.911 [Amended]
0
2. In Sec. 117.911 remove and reserve paragraph (b).
Dated: July 8, 2004.
W.E. Justice,
Captain, U.S. Coast Guard, Acting, Commander, Seventh Coast Guard
District.
[FR Doc. 04-16245 Filed 7-16-04; 8:45 am]
BILLING CODE 4910-15-P