[Federal Register Volume 75, Number 191 (Monday, October 4, 2010)]
[Rules and Regulations]
[Pages 61094-61096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24645]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-1075]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Beaufort, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising the operating schedule for the
U.S. Highway 21, Sea Island Parkway Bridge at mile marker 536 over the
Beaufort River (Atlantic Intracoastal Waterway). This bridge is also
known as the Lady's Island Bridge. Due to ongoing construction on the
McTeer Bridge, which is across the Atlantic Intracoastal Waterway at
mile 539.0 in Port Royal, South Carolina, vehicle traffic is currently
being rerouted from the McTeer Bridge to the Lady's Island Bridge. This
rerouting has resulted in increased vehicle traffic congestion on the
Lady's Island Bridge. As a result of the increased vehicle traffic
congestion, Beaufort County has requested a revision to the federal
regulation setting forth the Lady's Island Bridge operating schedule.
Such a revision will alleviate excessive vehicle congestion on the
Lady's Island Bridge while permitting sufficient access for maritime
passage underneath the bridge.
DATES: This temporary final rule is effective from October 4, 2010 to
October 4, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2009-1075 and are available by
going to http://www.regulations.gov, inserting USCG-2009-1075 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC, 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Mr. Gene Stratton, Coast Guard;
telephone 305-415-6740, e-mail [email protected]. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because of increased vehicle congestion on
the Lady's Island Bridge due to the rerouting of traffic from the
McTeer Bridge, which is currently undergoing construction. Beaufort
County Emergency Management has requested an immediate schedule change
to alleviate this excessive vehicle congestion. The revised schedule
for the Lady's Island Bridge does not unduly affect access to the
waterway by the maritime public.
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
publication in the Federal Register. As described above, Beaufort
County Emergency Management has requested an immediate schedule change
to alleviate the excessive vehicle congestion on the Lady's Island
Bridge.
Basis and Purpose
Two bridges serve Lady's Island, GA. Ongoing construction on the
McTeer Bridge has resulted in the rerouting of vehicle traffic from the
McTeer Bridge to the Lady's Island Bridge. Beaufort County Emergency
Management has requested an immediate revision to the opening schedule
for the Lady's Island Bridge at mile marker 536 over the Beaufort River
(Atlantic Intracoastal Waterway). This operating schedule revision is
necessary to accommodate increased vehicle traffic on the Lady's Island
Bridge. The revised schedule will alleviate the excessive vehicle
traffic
[[Page 61095]]
that has resulted from the McTeer Bridge construction.
Discussion of Rule
The current schedule, as described in the Code of Federal
Regulations, is as follows:
33 CFR 117.911(f) Lady's Island Bridge, across the Beaufort River,
Mile 536.0 at Beaufort. The draw shall operate as follows:
(1) On Monday through Friday, except Federal holidays:
(i) From 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., the draw need not
open; and,
(ii) Between 9 a.m. to 4 p.m., the draw need open only on the hour
and half-hour.
(2) At all other times the draw shall open on signal.
This temporary rule changes the scheduled closing times for the
Lady's Island Bridge to enable more closures during peak vehicle
traffic times between 7:15 a.m. and 8:59 a.m., 11:15 a.m. and 12:59
p.m., and 4:15 p.m. to 5:59 p.m. This schedule revision also allows
draw openings only on the hour between 9 a.m. and 4 p.m., rather than
on both the hour and half-hour.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
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 affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
underneath the Lady's Island Bridge from 7:15 a.m. to 5:59 p.m. Monday
through Friday, and who require that the draw be open in order to do
so. These small entities will have a slightly decreased number of draw
openings.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: (1) The
Lady's Island Bridge will continue to operate on demand outside the
restricted hours of 7:15 a.m. to 5:59 p.m.; (2) the majority of vessels
that transit underneath the bridge can safely do so without the draw
being open; and (3) despite the decreased number of draw openings,
there will still be several openings during the restricted hours.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
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 (adjusted for
inflation) 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 cause 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 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not
[[Page 61096]]
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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist 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; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Suspend Sec. 117.911(f) from October 4, 2010 until October 4, 2011.
0
3. From October 4, 2010 until October 4, 2011 add Sec. 117.911(g) to
read as follows:
Sec. 117.911 Atlantic Intracoastal Waterway, Little River to Savannah
River.
* * * * *
(g) Lady's Island Bridge, across the Beaufort River, Mile 536.0 at
Beaufort. The draw shall operate as follows:
(1) On Monday through Friday, except federal holidays:
(i) From 7:15 a.m. to 8:59 a.m., 11:15 a.m. to 12:59 p.m., and 4:15
p.m. to 5:59 p.m. the draw need not open; and
(ii) Between 9 a.m. to 11 a.m. and 1 p.m. to 4 p.m., the draw need
open only on the hour.
(2) At all times other than those specified in (1) above, the draw
shall open on signal.
Dated: September 21, 2010.
W.D. Baumgartner,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2010-24645 Filed 10-1-10; 8:45 am]
BILLING CODE 9110-04-P