[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]
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