[Federal Register: April 3, 2006 (Volume 71, Number 63)]
[Proposed Rules]
[Page 16527-16529]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap06-19]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-06-011]
RIN 1625-AA09
Drawbridge Operation Regulations; Little River (S-20) Bridge,
Atlantic Intracoastal Waterway Mile 347.3, Horry County, SC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the request to open
regulation of the Little River (S-20) Bridge across the Atlantic
Intracoastal Waterway, mile 347.3 in Horry County, South Carolina. This
proposed rule will allow the swingbridge to open as necessary on the
hour, twenty minutes past the hour and forty minutes past the hour from
6 a.m. through 6 p.m., Monday through Friday except Federal holidays.
At all other times, the bridge will open upon demand. This proposed
action should improve the movement of vehicular traffic while not
unreasonably interfering with the movement of vessel traffic.
DATES: Comments and related material must reach the Coast Guard on or
before June 2, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpb), Seventh Coast Guard District, 909 SE. 1st Avenue, Room 432,
Miami, FL 33131, 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 are available for inspection or copying
at the Seventh Coast Guard District Bridge Branch, 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:
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 [CGD07-06-
011], indicate the specific section of this document to which each
comment applies, and give the reason for each
[[Page 16528]]
comment. Please submit all comments and related material in an unbound
format, no larger than 8 x 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 existing regulations of the Little River (S-20) Bridge, mile
347.3, at Horry County, published in 33 CFR 117.5 require the span to
open on signal.
On December 20, 2005, the officials of South Carolina Department of
Transportation (SCDOT) requested that the Coast Guard review the
existing regulation governing the request to open operation of the
Little River Bridge due to increased vehicular traffic on the bridge.
The SCDOT provided traffic count and bridge opening information of a
typical summer week and a typical winter week along with the most
current 12 month period bridge opening data. The data collected showed
an increase in vehicular traffic along the bridge during 6 a.m. to 6
p.m. This proposed rule should improve the movement of vehicular
traffic from 6 a.m. to 6 p.m., Monday through Friday, while not
unreasonably interfering with the movement of vessel traffic.
Discussion of Proposed Rule
This proposed rule will allow as necessary the Little River (S-20)
bridge, mile 347.3, at Horry County to open on the hour, twenty minutes
past the hour and forty minutes past the hour, from 6 a.m. to 6 p.m.,
Monday through Friday, except Federal holidays. At all other times, the
bridge will open upon demand. This schedule will allow the local
vehicular traffic the ability to plan for crossing the bridge while
providing for the reasonable needs of navigation.
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 and should allow for improved vehicle
traffic flow and provide scheduled openings for vessel traffic.
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 business, 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 Little River Bridge, persons intending to drive over the bridge and
nearby business owners. Vehicle traffic and small business owners in
the area might benefit from the increased traffic flow that regularly
scheduled openings will offer this area.
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 proposed rule would economically affect it.
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 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.
[[Page 16529]]
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 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
M16475.1D, 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. 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. 117.911, paragraph (b) is revised to read as follows:
Sec. 117.911 Atlantic Intracoastal Waterway, Little River to Savannah
River.
* * * * *
(b) Little River Bridge Intracoastal Waterway mile 347.3, Horry
County, S.C. The draw of the Little River (S-20) bridge, mile 347.3 at
Horry County will open as necessary on the hour, twenty minutes past
the hour, and forty minutes past the hour, from 6 a.m. to 6 p.m.,
Monday through Friday, except Federal holidays. At all other times, the
bridge will open upon demand.
* * * * *
Dated: March 15, 2006.
D. B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. E6-4787 Filed 3-31-06; 8:45 am]
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