[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Rules and Regulations]
[Pages 16489-16491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3172]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-04-124]
RIN 1625-AA09


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the operating regulations of the 
Skidaway Bridge (SR 204) across the Intracoastal Waterway, mile 592.9, 
in Savannah, Georgia. This rule allows the bridge to open as necessary 
on the hour from 7 a.m. to 9 a.m. (7, 8, and 9 a.m.) and on the half-
hour between 4:30 p.m. to 6.30 p.m. (4:30, 5:30, and 6:30 p.m.), daily; 
Monday through Friday except Federal holidays. Due to the amount of 
vehicle traffic and the lack of openings during the requested time 
period, this action should 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 will be passed at any time. At all other times, the draw will 
open upon signal.

DATES: This rule is effective May 3, 2006.

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 [CGD07-04-124] and are available for inspection or 
copying at Commander (dpb), Seventh Coast Guard District, 909 SE 1st 
Avenue, Suite 432, Miami, Florida 33131, between 7:30 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. Bridge Branch (dpb), 
Seventh Coast Guard District, maintains the public docket for this 
rulemaking.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On December 3, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Skidaway Bridge (SR 
204), Intracoastal Waterway, Mile 592.9, Savannah, Chatham County, GA. 
in the Federal Register (69 FR 70209). We received 8 letters commenting 
on the proposed rule. Due to public comment and the Chatham County 
Department of Public Works input, this rule was changed to reflect 
concern regarding opening of the bridge during the morning and evening 
rush hour periods as discussed below. No public meeting was requested, 
and none was held.

Background and Purpose

    On January 7, 2004, the General Manager of the Landings 
Association, a residential development with over 8500 residents, 
contacted the Chatham County Department of Public Works regarding 
traffic problems caused by the current bridge schedule. Approximately 
90% of the Skidaway Island population lives in the Landings 
Association, all of which must cross the Skidaway Narrows Bridge (SR 
204) to leave the gated community. On April 22, 2004, the Department of 
Public Works, which operates and maintains the bridge, contacted the 
Coast Guard requesting assistance in changing the schedule to help ease 
vehicular traffic on overburdened roadways. The operation of the 
Skidaway Bridge (SR 204), mile 592.9, at Savannah, is governed by 33 
CFR 117.5, which requires the bridge to open on signal. Bridge tender 
logs indicate that the proposed schedule would improve vehicular 
traffic flow while still meeting the reasonable needs of navigation. 
During a twelve-month time period, vessel requests for openings 
remained at or below an average of two per hour.

Discussion of Comments and Changes

    The Coast Guard received a total of 8 written comments in response 
to the NPRM. Five comments were in favor of the proposed rule. One 
comment based on the NPRM, which gave the impression of no openings 
during the prescribed time period, recommended that the schedule be 
altered slightly, opening every half hour during the prescribed time 
period. This concern has been addressed in the final rule. The bridge 
will open as necessary on the hour in the prescribed morning period (7, 
8 and 9 a.m.) and on the half-hour during the prescribed evening period 
(4:30, 5:30, and 6:30 p.m.).
    Also in reference to the above comment, Chatham County's

[[Page 16490]]

Department of Public Works letter dated April 22, 2004, failed to 
include language indicating their intent for the bridge to open on the 
hour during the morning schedule, and on the half hour during the 
evening schedule. This schedule change reaches a compromise between the 
suggested half hour openings and no openings at all during the time 
periods in question, thereby creating less inconvenience to vessel 
owners and giving advance notice to vehicle operators when the bridge 
will be in the open to vessel traffic position.
    Another comment recommended that the bridge adopt a half hour 
schedule between 9 a.m. and 4:30 p.m. during the prescribed time 
period. However, traffic counts indicate a small number of openings 
during this time period. Scheduled openings during this period would 
not appreciably help ease vehicular traffic on overburdened roadways 
since most residents have already departed the gated Landings 
Association community for their workplace.
    The final comment was unable to determine why a change in the 
current operating schedule was needed if there were minimal openings 
during the requested time period. Though there was a lack of 
significant openings during the period, putting the bridge on a 
schedule will let vehicle owners know when to expect the bridge to 
open. This will allow them to plan their commute accordingly and lessen 
the amount of vehicles waiting at the bridge. Additionally, the test 
deviation study period disclosed that the Skidaway Bridge opened less 
than three times hourly during the periods concerned, but that closing 
the bridge completely during this period would unnecessarily restrict 
vessel traffic.

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 Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal on 
vessel traffic that a full Regulatory Evaluation is unnecessary. The 
rule affects vessel traffic through this bridge only in that vessels 
will need to time their passage through this bridge during a very 
limited time period. The increase in vehicular traffic crossing this 
bridge is now in excess of 9000 vehicles per day. This rule will have a 
positive economic impact on vehicular traffic due to a decrease in 
bridge openings during the affected time periods.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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.
    For the reasons outlined above, 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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. The 
Coast Guard offered small businesses, organizations, or governmental 
jurisdictions that believed the rule would affect them or that had 
questions concerning its provisions or options for compliance, to 
contact the person listed in FOR FURTHER INFORMATION CONTACT.
    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 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 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

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

[[Page 16491]]

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 rule is categorically excluded, under 
figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation. 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 rule.

List of Subjects in 33 CFR Part 117

    Bridges.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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.


0
2. In Sec.  117.353, paragraph (c) is revised to read as follows:


Sec.  117.353  Atlantic Intracoastal Waterway, Savannah River to St. 
Mary's River.

* * * * *
    (c) Skidaway Bridge, SR 204, mile 592.9 near Savannah. The draw 
will open as necessary on the hour from 7 a.m. to 9 a.m. (7, 8, and 9 
a.m.) and on the half-hour between 4:30 p.m. to 6.30 p.m. (4:30, 5:30, 
and 6:30 p.m.), daily; Monday through Friday except Federal holidays. 
The draw shall open at any time for Public vessels of the United 
States, tugs with tows, and vessels in distress. At all other times, 
the draw will open on signal.

    Dated: March 15, 2006.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 06-3172 Filed 3-31-06; 8:45 am]
BILLING CODE 4910-15-P