[Federal Register Volume 66, Number 184 (Friday, September 21, 2001)]
[Rules and Regulations]
[Pages 48556-48558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23684]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-01-091]
RIN 2115-AE47


Drawbridge Operation Regulations: Maybank Highway Bridge, Stono 
River, Johns Island, SC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the Maybank Highway Bridge across the Stono River mile 
11.0, Johns Island, Charleston County, SC. This rule alters the 
existing on-demand operating schedule by placing the bridge on a 
regular opening schedule Monday through Friday except Federal holidays. 
This rule also allows the bridge to remain closed during the morning 
and evening rush hours. This rule is necessary to facilitate traffic 
flow during the construction of a replacement bridge.

DATES: This rule is effective on October 22, 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 [CGD07-01-091] 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 a NPRM. Publishing a NPRM was 
unnecessary and contrary to public interest since immediate action is 
needed to alleviate traffic congestion due to the advanced progress of 
the bridge replacement project.

Background and Purpose

    The Maybank Highway Bridge across the Stono River mile 11.0 at 
Johns Island, Charleston County, SC, has a vertical clearance of 8 feet 
in the closed position at mean high water and a horizontal clearance of 
55 feet between fenders. On November 6, 2000, the South Carolina 
Department of Transportation requested a modification from the current 
operating regulation in 33 CFR 117.5 which requires the drawbridge to 
open on signal.
    Under this rule, the Maybank Highway Bridge shall open on signal: 
except that the draw need not open from 7 a.m. to 9 a.m. and from 4 
p.m. to 6 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

[[Page 48557]]

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, which is in close proximity to the 
Maybank Highway Bridge, is being replaced with a high-level fixed 
bridge. In addition, the Maybank Highway Bridge is also scheduled to be 
replaced. These two bridges are main access arteries onto and off of 
Johns Island, SC. This regulation will improve the transportation 
scheme for vehicular 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).

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 Maybank Highway Bridge from 7 a.m. until 6 p.m., Monday 
through Friday, except Federal holidays. 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 rule 
allows 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 create 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); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.


    2. Redesignate Sec. 117.937 [Savannah River] as Sec. 117.936.

[[Page 48558]]

    3. Add Sec. 117.937 to read as follows:


Sec. 117.937  Stono River, mile 11.0 at Johns Island, SC.

    The draw of the Maybank Highway Bridge shall open on signal; except 
that the draw need not open from 7 a.m. to 9 a.m. and from 4p.m. to 6 
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: September 10, 2001.
J.S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 01-23684 Filed 9-20-01; 8:45 am]
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