[Federal Register Volume 70, Number 184 (Friday, September 23, 2005)]
[Rules and Regulations]
[Pages 55727-55728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19006]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-05-117]
RIN 1625-AA09
Drawbridge Operation Regulations; Trent River, 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 U.S. 70 Bridge across the Trent River, at
mile 0.0, at New Bern, NC. This rule allows the bridge to remain in the
closed-to-navigation position from 6 a.m. to 10:30 a.m., on October 1,
2005, to facilitate the Neuse River Bridge Run.
DATES: This rule is effective from 6 a.m. to 10:30 a.m. on October 1,
2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, as part of docket CGD05-05-117 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 Neuse River
run is scheduled for October 1st, 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 before, during
and after the run.
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 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 October 1, 2005, and immediate action is necessary to
ensure public safety and provide for the orderly movement of
participants and vehicular traffic during the run.
Background and Purpose
North Carolina Department of Transportation, who owns and operates
the drawbridge, has requested a temporary deviation from the operating
regulations to facilitate the Neuse River Bridge Run. The run is an
annual event, attracting participants from the surrounding cities and
states.
The existing regulations are outlined at 33 CFR 117.843(a). The
bridge has a vertical clearance of 13 feet at mean high water in the
closed position, unlimited vertical clearance in the full open
position. The Coast Guard has informed the known users of the waterway
of the closure periods for the bridge so that these vessels can arrange
their transits to minimize any impact during the Neuse River Bridge
Run.
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. This conclusion is based fact that the Coast Guard has
informed the known users of the waterway of this rule and that the
mariners can plan their trips in accordance with scheduled closure
period.
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 conclusion is based on the fact that the Coast Guard has
informed the know users of the waterway, which consist mostly of
recreational boaters and fisherman, of this rule and that the mariners
can plan their trips in accordance with scheduled closure period.
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.
[[Page 55728]]
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 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 would 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 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); section 117.843, also
issued under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From 6 a.m. to 10:30 a.m. on October 1, 2005, in Sec. 117.843
suspend paragraphs (a)(3), (a)(4) and add paragraph (a)(5) to read as
follows:
Sec. 117.843 Trent River.
* * * * *
(a)(5) From 6 a.m. to 10:30 a.m., on October 1, 2005, the U.S. 70
Bridge, mile 0.0, at New Bern, NC, shall remain closed to navigation.
* * * * *
Dated: September 13, 2005.
S.H. Ratti,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 05-19006 Filed 9-22-05; 8:45 am]
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