Drawbridge Operation Regulations; James River, Between Isle of
Wight and Newport News, VA
[Federal Register: July 13, 2006 (Volume 71, Number 134)]
[Rules and Regulations]
[Page 39563-39565]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy06-18]
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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
? For the reasons discussed in the preamble, the Coast Guard amends 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; 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.
? 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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