
[Federal Register: October 4, 2010 (Volume 75, Number 191)]
[Rules and Regulations]               
[Page 61094-61096]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04oc10-5]                         

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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.

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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 Allen.E.Stratton@uscg.mil. 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

