[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Proposed Rules]
[Pages 70209-70211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26587]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-04-124]
RIN 1625-AA09


Drawbridge Operation Regulations; Skidaway Bridge (SR 204), 
Intracoastal Waterway, Mile 592.9, Savannah, Chatham County, GA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating regulations 
of the Skidaway Bridge (SR 204) across the Intracoastal Waterway, mile 
592.9 in Savannah, Georgia. This proposed rule would allow the 
drawbridge to not open from 6:30 a.m. to 9 a.m. and 4:30 p.m. to 6:30 
p.m., daily. Due to the amount of vehicle traffic and the lack of 
openings during the requested time period, this proposed action would 
improve the movement of vehicular traffic while not unreasonably 
interfering with the movement of vessel traffic. Public vessels of the 
United States, tugs with tows, and vessels in distress would be passed 
at anytime.

DATES: Comments and related material must reach the Coast Guard on or 
before February 1, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Seventh Coast Guard District, 909 S.E. 1st Avenue, Room 432, 
Miami, FL, 33131-3050, who maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, between 7:30 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Project Officer, 
Seventh Coast Guard District, Bridge Branch, at (305) 415-6747.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD07-04-
124), indicate the specific section of this document to which each 
comment applies, and give the reason for each

[[Page 70210]]

comment. Please submit all comments and related material in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying. If 
you would like to know they reached us, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Bridge Branch at the address 
under ADDRESSES explaining why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    The operation of the Skidaway Bridge (SR 204), mile 592.9, at 
Savannah, is governed by 33 CFR 117.5 which requires the draw to open 
on signal. On April 22, 2004, Chatham County requested that the Coast 
Guard review the existing regulation governing the operation of the 
Skidaway Bridge, because the County contended that the regulation was 
not meeting the needs of vehicle traffic. The Coast Guard proposes to 
make the recommended schedule permanent. This recommended schedule will 
meet the reasonable needs of navigation and improve vehicular traffic 
movement.

Discussion of Proposed Rule

    The Coast Guard proposes to modify the existing bridge operating 
regulation and create a permanent rule that would allow the Skidaway 
Bridge to remain closed from 6:30 a.m. to 9 a.m. and from 4:30 p.m. to 
6:30 p.m. daily. Public vessels of the United States, tugs with tows, 
and vessels in distress shall be passed at anytime.

Regulatory Evaluation

    This proposed 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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This proposed rule would modify 
the existing bridge schedule to allow for efficient vehicle traffic 
flow and still meet the reasonable needs of navigation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which may be small entities: The owners or operators 
of vessels needing to transit the Intracoastal Waterway in the vicinity 
of the Skidaway Bridge, persons intending to drive over the bridge and 
nearby business owners. This regulation would not have a significant 
economic impact on a substantial number of small entities because the 
movement of vehicular traffic will be significantly improved while at 
the same time the impact to vessel traffic is for short and reasonable 
durations. Moreover, Public vessesl of the United States, tugs with 
tows, and vessels in distress would be passed at anytime.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect 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. The Coast Guard will not retaliate against 
small entities that question or complain about this rule or any policy 
or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed 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 proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship

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

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this proposed rule is categorically excluded, under figure 
2-1, paragraph (32)(e) of the Instruction, from further environmental 
documentation. The rule fits within paragraph (32)(e) because it 
promulgates operating regulations or procedures for a drawbridge. Under 
figure 2-1, paragraph (32)(e) of the Instruction, an ``Environmental 
Analysis Check List'' and a ``Categorical Exclusion Determination'' are 
not required for this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. In Sec.  117.353, paragraph (c) is added to read as follows:


Sec.  117.353  Atlantic Intracoastal Waterway, Savannah River to St. 
Marys River.

* * * * *
    (c) Skidaway Bridge, SR 204, mile 592.9 near Savannah. The draw 
shall open on signal, except that from 6:30 a.m. to 9 a.m. and 4:30 
p.m. and 6:30 p.m., Monday through Friday, the draw need not open. The 
draw shall open on signal on Federal holidays.

    Dated: November 23, 2004.
David B. Peterman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 04-26587 Filed 12-2-04; 8:45 am]
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