[Federal Register Volume 66, Number 155 (Friday, August 10, 2001)]
[Rules and Regulations]
[Pages 42110-42112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20149]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-01-078]
RIN 2115-AE47


Drawbridge Operation Regulations: John Limehouse Bridge (ICW), 
Johns Island, SC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the regulations governing the 
operation of the John Limehouse Bridge across the Intracoastal Waterway 
mile 479.3, Johns Island, Charleston County, SC. This rule allows the 
owner or operator to alter the operating schedule by placing the bridge 
on a regular opening schedule Monday through Friday except Federal 
holidays and by allowing the bridge to remain closed during the morning 
and evening rush hours. This rule is necessary to complete construction 
of the replacement bridge.

DATES: This rule is effective at 12:01 a.m. on August 6, 2001.

ADDRESSES: Comments and material received from the public as well as 
documents indicated in this preamble as being available in the docket 
are part of docket [CGD07-01-078] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st 
Avenue, Miami, Florida, between 7:30 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Officer, 
Seventh Coast Guard District, Bridge Branch, at (305) 415-6743.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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 was 
unnecessary and contrary to public interest since this rule only 
modifies the existing regulations and provides for regularly scheduled 
openings.
    For the same reasons, 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.

Background and Purpose

    The John Limehouse Bridge across the Atlantic Intracoastal Waterway 
mile 479.3 at Johns Island, Charleston County, SC, has a vertical 
clearance of 12 feet in the closed position at mean high water and a 
horizontal clearance of 90 feet between fenders. On May 7, 2001, the 
South Carolina Department of Transportation requested a modification 
from the current operating regulation in 33 CFR 117.911(e) which 
requires the drawbridge to open on signal; except that from 6:30 a.m. 
to 9 a.m. and 4 p.m. to 6:30 p.m., Monday through Friday except federal 
holidays, the draw need open on the hour and 30 minutes after the hour. 
Between 9 a.m. and 4 p.m., Monday through Friday except federal 
holidays, from March 15 to June 15, and from September 15 to November 
15, the bridge need not be opened except on the hour, 20 minutes after 
the hour, and 40 minutes after the hour.
    Under this rule, from August 6, 2001, the John Limehouse Bridge 
shall open on signal: except that the draw need not open from 6:30 a.m. 
to 9 a.m. and from 4 p.m. to 6:30 p.m., Monday through Friday except 
federal holidays. Between 9 a.m. and 4 p.m., Monday through Friday 
except federal holidays, the draw need open only on the hour and half 
hour. The draw shall open as soon as possible for the passage of tugs 
with tows, public vessels of the United States and vessels in a 
situation where a delay would endanger life or property.
    The John Limehouse Bridge is being replaced with a high-level fixed 
bridge.

[[Page 42111]]

In addition, the Maybank Highway Bridge, which is in close proximity to 
the John Limehouse Bridge, will also begin replacement construction 
within the next year. These two bridges are main access arteries onto 
and off of Johns Island, SC. This regulation will assist in improving 
the transportation scheme for both vehicular and vessel traffic during 
the construction of these bridge projects.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under 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. 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 Transportation (DOT) (44 FR 11040, February 26, 
1979), because this rule will only modify the existing regulations and 
will still provide for regular bridge openings.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard considered whether this rule would have a significant economic 
effect upon 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.
    This rule may affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
under the John Limehouse Bridge from August 6, 2001 until about 
December 1, 2003. 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 as the regulations allow scheduled openings 
and all exempt vessels shall be passed at any time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 
entities may contact the person listed under FOR FURTHER INFORMATION 
CONTACT for assistance in understanding and participating in this 
rulemaking. We also have a point of contact for commenting on actions 
by employees of the Coast Guard. 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 requirements 
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 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 effect 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 does not concern an 
environmental risk to health or safety that may disproportionately 
affect children.

Environment

    The Coast Guard has considered the environmental impact of this 
action and has determined under Figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.1D, that this rule is categorically 
excluded from further environmental documentation.

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 117

    Bridges.


    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR Part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    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); 
Sec. 117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Revise Sec. 117.911(e) to read as follows:


Sec. 117.911  Atlantic Intracoastal Waterway, Little River to Savannah 
River.

* * * * *
    (e) John Limehouse Bridge across the Stone River, mile 479.3 at 
Johns Island. The draw of the John Limehouse Bridge

[[Page 42112]]

shall open on signal; except that the draw need not open from 6:30 a.m. 
to 9 a.m. and from 4 p.m. to 6:30 p.m., Monday through Friday except 
Federal holidays. Between 9 a.m. and 4 p.m., Monday through Friday 
except Federal holidays, the draw need open only on the hour and half 
hour. The draw shall open as soon as possible for the passage of tugs 
with tows, public vessels of the United States and vessels in a 
situation where a delay would endanger life or property.
* * * * *

    Dated: August 2, 2001.
J.S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District
[FR Doc. 01-20149 Filed 8-9-01; 8:45 am]
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