[Federal Register: November 12, 2004 (Volume 69, Number 218)]
[Rules and Regulations]
[Page 65369-65371]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no04-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-04-202]
RIN 1625-AA09
Drawbridge Operation Regulation: Atlantic Intracoastal Waterway,
Wrightsville Beach, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the regulations that
govern the operation of the S.R. 74 Bridge across the Atlantic
Intracoastal Waterway (AICW) mile 283.1, at Wrightsville Beach, NC. The
rule allows the bridge to remain in the closed-to-navigation position
from 7 p.m. to 10 p.m. on November 27, 2004, to facilitate the Annual
Boat Flotilla Parade.
DATES: This rule is effective from 7 p.m. to 10 p.m. on November 27,
2004.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD05-04-202 and are available for
inspection or copying at Commander (obr), Fifth Coast Guard District,
Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, Virginia
23704-5004 between 8 a.m. and 4:30 p.m., Monday through Friday, except
Federal holidays. The telephone number is (757) 398-6629. Fifth
District maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Gary S. Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6629.
SUPPLEMENTARY INFORMATION:
Good Cause for Not Publishing a 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 that good
cause exists for not publishing an NPRM. Publishing an NPRM is
impracticable and contrary to the public interest as the Annual Boat
Flotilla Parade is scheduled for November 27th and immediate action is
necessary to minimize the potential danger to the public. The bridge
closure is a necessary measure to facilitate public safety that allows
for the orderly movement of participants and vehicular traffic after
the parade.
Good Cause for Making Rule Effective in Less Than 30 Days
Under 5 U.S.C. 533(d)(3), the Coast Guard finds that good cause
exists for
[[Page 65370]]
making this rule effective in less than 30 days after publication in
the Federal Register. A 30-day delayed effective date is impracticable
and contrary to the public interest as the event is scheduled for
November 27th and immediate action is necessary to ensure public safety
and provide for the orderly movement of participants and vehicular
traffic after the parade.
Background and Purpose
NCDOT, who owns and operates this drawbridge, requested a temporary
change to the operating regulations for the S.R. 74 Bridge at
Wrightsville Beach to facilitate the Annual Boat Flotilla Parade. The
parade is an annual event, attracting spectators from the surrounding
cities and states and the closure of the bridge to vessels will
facilitate public safety by allowing for the orderly movement of
participants and vehicular traffic after the event.
The existing regulations are outlined at 33 CFR 117.821(a)(5). The
bridge has a vertical clearance in the closed position to vessels at
approximately 20 feet, at mean high water.
The Coast Guard has informed vessel operators with mast height
greater than 20 feet of the closure period for the bridge so that these
vessels can arrange their transits to minimize impact after the parade.
Vessels with mast heights lower than 20 feet still can transit through
the drawbridge and the AICW during this event since the drawbridge is
closed, not the waterway.
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).
This conclusion was based on the fact that this rule will have
minimal impact on maritime traffic transiting this area. Since the AICW
will remain open to navigation during this event, mariners with mast
height less than 20 feet may still transit through the bridge and
vessels with mast heights greater than 20 feet can transit after the
closed hours.
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 not have a significant economic impact on a
substantial number of small entities because even though the rule
closes the S.R. 74 Bridge to mariners, those with mast heights less
than 20 feet will still be able to transit through the bridge during
the closed hours and mariners whose mast heights are greater than 20
feet will be able to transit after the closed hours.
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 this action of Federal
employee 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 affect 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. 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
[[Page 65371]]
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 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.
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); Sec. 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From 7 p.m. to 10 p.m. on November 27, 2004, in Sec. 117.821
suspend paragraph (a)(5) and add a temporary paragraph (a)(7) to read
as follows:
Sec. 117.821 Atlantic Intracoastal Waterway, Albermarle Sound to
Sunset Beach.
(a) * * *
(7) From 7 p.m. to 10 p.m. on November 27, 2004, the S.R. 74 Bridge
mile 283.1 at Wrightsville Beach may remain closed to navigation.
* * * * *
Dated: November 1, 2004.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-25206 Filed 11-10-04; 8:45 am]
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