[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Rules and Regulations]
[Pages 37680-37682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13511]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-99-038]
RIN 2115-AE47


Drawbridge Operation Regulations: Lady's Island Bridge, Atlantic 
Intracoastal Waterway (AIWW), Beaufort, SC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adopting, with changes, the interim rule 
published in the Federal Register on July 20, 1999, governing the 
operation of the Lady's Island Bridge at Beaufort, South Carolina. This 
rule changes the operating requirements from a seasonal operating 
schedule to an annual schedule that coincides with daily traffic 
volume. This rule will accommodate the needs of roadway traffic and 
still provide for the reasonable needs of navigation.

DATES: This rule is effective July 1, 2002.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD07-99-38] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 S.E. 1st 
Avenue, Room 432, Miami, Florida, 33131 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

    On July 20, 1999, the Coast Guard published an interim rule 
entitled, Drawbridge Operation Regulations, Atlantic Intracoastal 
Waterway SC in the Federal Register (64 FR 38829). The Coast Guard 
received 43 comments on the interim rule, although 12 of these were 
actually in response to the since-discontinued test period preceding 
the interim rule. A public hearing was not requested and one was not 
held.

Background and Purpose

    The Lady's Island Bridge (also known as the Woods Memorial Bridge) 
over the Atlantic Intracoastal Waterway (Beaufort River), mile 536.0 at 
Beaufort, South Carolina, has a vertical clearance

[[Page 37681]]

of 30 feet at mean high water and 37 feet at mean low water. Before 
August 23, 1999, the draw opened 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 only 
had to open 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 only had to open on the hour, twenty minutes after the 
hour, and forty minutes after the hour.
    The City of Beaufort 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 had not been changed 
since 1986 and vehicular traffic had increased. The new schedule allows 
individuals crossing the bridge to plan their transit times and avoid 
delays from bridge openings, while still meeting the reasonable needs 
of navigation.

Discussion of Comments and Changes

    The Coast Guard has received 43 comments regarding the interim rule 
and the test period that preceded it. Thirty responses were in favor of 
the new schedule and 13 were against the new schedule. Of the 13 
comments against the schedule, 12 comments responded to a three-month 
test period which provided that the bridge need not open from 7 a.m. 
until 9 a.m., Monday through Friday. These comments requested the 
schedule begin at 7:30 a.m. instead of 7 a.m. each weekday.
    The interim rule addressed this issue by beginning the schedule at 
7:30 a.m. Additional information since the implementation of the 
interim rule from the City of Beaufort and other commenters shows that 
changing the regulation to 7:30 a.m. rather than 7 a.m. has aggravated 
vehicle traffic flow because vessels accumulate at the bridge at 7:30 
a.m. awaiting the last opening and the bridge opens longer to pass the 
vessels. By changing this final rule from 7:30 a.m. to 7 a.m., we hope 
to alleviate the vehicle traffic congestion that has occurred as a 
result of the longer bridge openings. The one commenter against the 
interim rule did not want the rush hour closures at all and wanted to 
change the schedule so the bridge would open on the hour and half-hour 
between 7 a.m. and 6 p.m. We have carefully considered these comments 
and believe the interim rule should be adopted with the following 
change, the morning weekday schedule should begin at 7 a.m. instead of 
7:30 a.m.

Regulatory Evaluation

    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. 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 proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 10e 
of the regulatory polices and procedures of DOT is unnecessary because 
the rule will meet the needs of navigation while easing the flow of 
vehicular traffic during peak traffic periods.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 
would not have a significant economic impact on a substantial number of 
small entities because the rule will meet the needs of navigation while 
easing the flow of vehicular traffic during peak traffic periods with 
scheduled openings.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. If the 
rule affects your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT for assistance in understanding this rule. 
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 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 risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this action and concluded 
that, under figure 2-1, paragraph (32) (e)

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of Commandant Instruction M16475.1D, this rule is categorically 
excluded for 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 interim rule 
amending 33 CFR part 117 which was published at 64 FR 38829 on July 20, 
1999, is adopted as a final rule with the following change:

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


    2. Amend [sect] 117.911 by revising paragraph (f) to read as 
follows:


[sect] 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 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.

    Dated: April 30, 2002.
James S. Carmichael,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 02-13511 Filed 5-29-02; 8:45 am]
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