[Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
[Rules and Regulations]
[Pages 38829-38830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18488]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD07-99-038]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway
(AIWW), Beaufort, SC
AGENCY: Coast Guard, DOT.
ACTION: Interim rule; request for comments.
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SUMMARY: The Coast Guard is changing the regulations governing the
operation of the Lady's Island Bridge at Beaufort, SC. This rule
changes the operating requirements for a seasonal operating schedule to
a single annual schedule that coincides with daily traffic volume. The
rule permits the draw to remain closed Monday through Friday during
morning and afternoon rush hours, from 7:30 a.m. to 9 a.m. and from 4
p.m. to 6 p.m., and to open on the hour and half hour between rush
hours.
DATES: This rule becomes effective August 23, 1999. Comments must be
received on or before November 17, 1999.
ADDRESSES: Comments may be mailed to Commander (oan), Seventh Coast
Guard District, Bridge Section, Brickell Plaza Federal Building, 909
S.E. First Avenue, Miami, Florida 33131-3050, or may be delivered to
Room 406 at the same address between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. The telephone number is (305)
536-5621.
FOR FURTHER INFORMATION CONTACT: Mr. Gary D. Pruitt, Project Manager,
Bridge Management Specialist, Seventh Coast Guard District, Bridge
Section at (843) 747-5335.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views or arguments. Persons
submitting comments should include their names and addresses, identify
the rulemaking [CGD07-99-038] and the specific section of this rule to
which each comment applies, and give the reason for each comment.
Please submit all comments and attachments in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. Persons wanting acknowledgment of receipt of comments should
enclose stamped, self-addressed postcards or envelopes.
The Coast Guard will consider all comments received during the
comment period and may revise this rule before making it final.
Background and Purpose
The Lady's Island Bridge (also known as the Woods Memorial Bridge)
over the AIWW, mile 536.0 at Beaufort, has a vertical clearance of 30
feet at mean high water and 37 feet at mean low water. Presently, the
draw opens on signal, except that from 7 a.m. to 9 a.m. and from 4 p.m.
to 6 p.m., Monday through Saturday the draw need open only on the hour.
During the months of April, May, June, September, October, and
November, Monday through Friday from 9 a.m. to 4 p.m., the draw need
open only on the hour, twenty minutes after the hour and forty minutes
after the hour.
The City of Beaufort has requested that the Coast Guard change the
existing regulations by eliminating openings during morning and evening
rush hours, and limiting the openings to twice an hour between rush
hours. The operating regulations for this bridge have not been changed
since 1986 and vehicular traffic has increased. The new schedule will
allow individuals crossing the swingbridge by vehicle to plan their
transit times across this swingbridge to avoid delays from bridge
openings. The Commander, Seventh Coast Guard
[[Page 38830]]
District has examined the operating requirements listed in 33 CFR
117.911(f) governing the Lady's Island Bridge and has determined that
the revised schedule is appropriate for local conditions and should
balance the needs of vehicular and vessel traffic. Under this interim
rule, from Monday through Friday except Federal holidays, the Lady's
Island Bridge will open on signal except that during the morning and
afternoon rush hours from 7:30 a.m. to 9 a.m. and 4 p.m. to 6 p.m., the
draw need not open. Between rush hours, the draw need only open twice
an hour. At all other times, the draw will open on signal. The draw
shall open at any time for public vessels of the United States, State
and local vessels used in public safety, and vessels in distress where
a delay would endanger life or property.
In accordance with 5 U.S.C. 553, good cause exists for not
publishing a notice of proposed rulemaking (NPRM) for this interim
rule. Publishing a NPRM would unnecessarily delay the implementation of
the revised bridge opening schedules, since tests have indicated that
this operating schedule would balance the needs of vehicular traffic
and navigation. The public will have an opportunity to comment on the
rule during the first 120 days of its implementation, and changes to
the rule may be made before it is finalized.
Regulatory Evaluation
This rule is not a significant regulatory action under the
regulatory section 3(f) of Executive Order 12866 and does not require
an assessment of potential costs and benefits under section 6(a)(3) of
that order. It has not been reviewed by the Office of Management and
Budget under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979). The Coast Guard expects the economic
impact of this rule to be so minimal that a full Regulatory Evaluation
under paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include 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 interim rule is a reasonable balance between waterway and land
transportation. Therefore, because it expects the impact of this rule
to be so minimal, the Coast Guard certifies that under 5 U.S.C. 604(b)
this rule will not have a significant economic impact on a substantial
number of small entities.
If, however, you think that your business or organization qualifies
as a small entity and that this rule will have a significant economic
impact on your business or organization, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and in what way and to
what degree this rule will economically affect it.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principals and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard has considered the environmental impact of this
rule and has determined, under Figure 2-1, paragraph (32)(e) of
Commandant Instruction M16475.1C, this rule is categorically excluded
from further environmental documentation. A ``Categorical Exclusion
Determination'' has been prepared and is available in the docket for
inspection or copying.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations: In consideration of the foregoing, the Coast Guard
amends Part 117 of Title 33, Code of Federal Regulations, as follows:
PART 117--[AMENDED]
1. The authority citation for Part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Revise Sec. 117.911(f) to read as follows:
Sec. 117.911 Atlantic Intracoastal Waterway, Little River to Savannah
River.
* * * * *
(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 7:30 a.m. to 9 a.m. and 4 p.m. to 6 p.m., the draw need
not open; and,
(ii) from 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.
Dated: July 13, 1999.
Thad W. Allen,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 99-18488 Filed 7-16-99; 10:03 am]
BILLING CODE 4910-15-M
