[Federal Register Volume 71, Number 134 (Thursday, July 13, 2006)]
[Rules and Regulations]
[Pages 39563-39565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10979]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[CGD05-06-039]

33 CFR Part 117

RIN 1625-AA09


Drawbridge Operation Regulations; James River, Between Isle of 
Wight and Newport News, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the regulations that 
govern the operation of the James

[[Page 39564]]

River Bridge, at mile 5.0, between Isle of Wight and Newport News, 
Virginia. The temporary final rule will provide vessel openings of the 
drawbridge upon two hours advance notice 24 hours a day beginning at 7 
a.m. July 13, 2006. This action was requested by the contractor, on 
behalf of Virginia Department of Transportation (DOT), to facilitate 
sandblasting and painting operations.

DATES: This temporary rule is effective 7 a.m. July 13, 2006 until 11 
p.m. on December 31, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD05-06-039 and are available for 
inspection or copying at Commander (dpb), Fifth Coast Guard District, 
Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-
5004 between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. The Fifth Coast Guard District maintains the public docket 
for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Bill H. Brazier, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6422.

SUPPLEMENTARY INFORMATION:

Good Cause for Not Publishing an NPRM

    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, because it is impracticable 
and contrary to the public interest to delay in making this rule 
effective. This temporary final rule needs to be published as soon as 
possible so that necessary repairs can be made to the James River 
Bridge.

Good Cause for Making Rule Effective in Less Than 30 Days

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists 
for making this rule effective less than 30 days after publication in 
the Federal Register for the same reasons stated in the preceding 
paragraph.

Background and Purpose

    Alpha Painting & Construction Company, Inc. (the contractor), on 
behalf of the Virginia DOT who owns and operates this vertical lift-
type bridge, requested a temporary change to the operating regulations 
for the James River Bridge, at mile 5.0, between Isle of Wight and 
Newport News, VA to perform sandblasting and painting. The Coast Guard 
held numerous pre-construction meetings with known users of the 
waterway (Ship Agent--T. Parker Host, Inc., the Virginia Pilots 
Association, the Steamship Trade Committee and the Armed Forces--U.S. 
Army and Navy) to inform them that this work will reduce the available 
vertical clearance of the lift span to 58 feet, at mean high water, in 
the closed-to-navigation position and to 143 feet, at mean high water, 
in the full open-to-navigation position; and by calling the bridge 
tender at (757) 247-2133 or via marine radio on channel 13 VHF will 
provide for advance opening requests.

Regulatory Evaluation

    This final 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 temporary final rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. We reached this conclusion based 
on the fact that this rule will have only a minimal impact on maritime 
traffic transiting the bridge. Mariners requiring drawbridge openings 
can plan their trips in accordance with the two-hour advance request, 
to minimize delays.

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.
    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. Vessel operators with mast height lower than 58 feet 
still can transit through the drawbridge during the cleaning and 
painting and openings of draw span for larger vessels will be provided 
with a two-hour advance notice to the bridge tender.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. No 
assistance was requested from any small entity.

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 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 rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminates 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

[[Page 39565]]

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. 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 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
preliminary determination 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, we believe that this rule should be 
categorically excluded, under figure 2-1, paragraph (32)(e) of the 
Instruction, from further environmental documentation because it has 
been determined that the promulgation of operating regulations for 
drawbridges are categorically excluded.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Public Law 102-587, 106 Stat. 5039.


0
2. From 7 a.m. July 13, 2006, to 11 p.m. on December 31, 2006, add 
temporary Sec.  117.T1012 to read as follows:


Sec.  117.T1012  James River.

    From 7 a.m. July 13, 2006, until 11 p.m. on December 31, 2006, the 
draw of the James River Bridge, mile 5.0, between Isle of Wight and 
Newport News, shall open on signal if at least two hours notice is 
given to the bridge tender at (757) 247-2133 or via marine radio on 
channel 13 VHF.

    Dated: June 29, 2006.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E6-10979 Filed 7-12-06; 8:45 am]
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