Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (Alternate Route), Dismal Swamp Canal, NC, 17394-17397 [E6-4899]
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17394
Federal Register / Vol. 71, No. 66 / Thursday, April 6, 2006 / Proposed Rules
million, using the most current (2003)
Implicit Price Deflator for the Gross
Domestic Product. FDA does not expect
this proposed rule to result in any 1year expenditure that would meet or
exceed this amount.
XI. Federalism
FDA has analyzed this proposed rule
in accordance with the principles set
forth in Executive Order 13132. FDA
has determined that the proposed rule,
if finalized, would not contain policies
that would have substantial direct
effects on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
Accordingly, the agency tentatively
concludes that the proposed rule does
not contain policies that have
federalism implications as defined in
the Executive order and, consequently,
a federalism summary impact statement
has not been prepared.
cchase on PROD1PC60 with PROPOSALS
XII. Paperwork Reduction Act of 1995
FDA tentatively concludes that this
proposed rule contains no collections of
information. Therefore, clearance by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (the PRA) (44 U.S.C. 3501–
3520) is not required.
FDA also tentatively concludes that
the draft special controls guidance
document does not contain new
information collection provisions that
are subject to review and clearance by
OMB under the PRA. Elsewhere in this
issue of the Federal Register, FDA is
publishing a notice announcing the
availability of the draft guidance
document entitled ‘‘Class II Special
Controls Guidance: Topical Oxygen
Chamber for Extremities’’; the notice
contains an analysis of the paperwork
burden for the draft guidance.
XIII. Comments
Interested persons may submit to the
Division of Dockets Management Branch
(see ADDRESSES) written or electronic
comments regarding this document.
Submit a single copy of electronic
comments or two paper copies of any
mailed comments, except that
individuals may submit one paper copy.
Comments are to be identified with the
docket number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
XIV. References
The following references have been
placed on display in the Division of
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dockets management (see ADDRESSES)
and may be seen by interested persons
between 9 a.m. and 4 p.m. Monday
through Friday.
1. 515(i) Submission submitted by Gaymar
Industries, Inc., Orchard Park, NY, dated
August 4, 1997, received August 11, 1997.
2. 515(i) Submission submitted by
Stephen’s Medical Inc./Wound Cure, Inc.,
Northbrook, IL, dated August 11, 1997,
received August 12, 1997.
3. General and Plastic Surgery Devices
Panel, Transcript, November 17, 1998, pages
120–201.
4. Heng, M.C.Y., J. Harker, V.B. Bardakjian,
and H. Ayvazian, ‘‘Enhanced Healing and
Cost-Effectiveness of Low Pressure Oxygen
Therapy in Healing Necrotic Wounds: A
feasibility study of technology transfer,’’
Ostomy Wound Management, 46: 52–60,
2000.
5. Heng, M.C.Y., J. Harker, G. Csathy, C.
Marshall, J. Brazier, S. Socorro, and E.P.
Gomez, ‘‘Angiogenesis in Necrotic Ulcers
Treated with Hyperbaric Oxygen,’’ Ostomy
Wound Management, 46: 18–32, 2000.
6. Kalliainen, L.K., G.M. Gordillo, R.
Schlanger, and C.K. Sen, ‘‘Topical oxygen as
an adjunct to wound healing: a clinical case
series,’’ Pathophysiology 9: 81–87, 2003.
List of Subjects in 21 CFR Part 878
Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, it is proposed that
21 CFR part 878 be amended as follows:
PART 878—GENERAL AND PLASTIC
SURGERY DEVICES
1. The authority citation for 21 CFR
part 878 continues to read as follows:
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
2. Section 878.5650 is revised in
Subpart F to read as follows:
§ 878.5650 Topical oxygen chamber for
extremities.
(a) Identification. A topical oxygen
chamber for extremities is a device that
is intended to surround a patient’s limb
and apply humidified oxygen topically
at a pressure slightly greater than
atmospheric pressure to aid healing of
chronic skin ulcers such as bedsores.
(b) Classification. Class II (special
controls). The special control for the
device is FDA’s ‘‘Class II Special
Controls Guidance: Topical Oxygen
Chamber for Extremities.’’ See § 878.1(e)
for the availability of this guidance
document.
Dated: March 27, 2006.
Linda S. Kahan,
Deputy Director, Center for Devices and
Radiological Health.
[FR Doc. E6–4962 Filed 4–5–06; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–06–017]
RIN 1625–AA09
Drawbridge Operation Regulations;
Atlantic Intracoastal Waterway
(Alternate Route), Dismal Swamp
Canal, NC
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish regulations that govern the
operation of the new Dismal Swamp
Canal Bridge, at the Alternate Route of
the Atlantic Intracoastal Waterway
(AICW) mile 28.0, in South Mills, NC.
The proposed regulations will maintain
a level of operational capabilities that
will continue to provide for the
reasonable needs of the North Carolina
Department of Parks and Recreation
Visitor Center, at Dismal Swamp, and
vessel navigation.
DATES: Comments and related material
must reach the Coast Guard on or before
June 5, 2006.
ADDRESSES: You may mail comments
and related material to Commander
(obr), Fifth Coast Guard District, Federal
Building, 4th Floor, 431 Crawford
Street, Portsmouth, VA 23704–5004.
The Fifth Coast Guard District 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), Fifth Coast Guard District between
8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Bill
H. Brazier, Bridge Management
Specialist, Fifth Coast Guard District, at
(757) 398–6422.
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 CGD05–06–017,
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
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Federal Register / Vol. 71, No. 66 / Thursday, April 6, 2006 / Proposed Rules
suitable for copying. If you would like
a return receipt, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
submittals 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 Commander
(obr), Fifth Coast Guard District 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.
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Background and Purpose
The North Carolina Department of
Parks and Recreation (NC Parks and
Recreation) will own and operate this
proposed new swing-type bridge at the
Alternate Route of the AICW mile 28.0
across Dismal Swamp Canal. This
proposed rule will allow the Dismal
Swamp Canal Bridge to remain open to
vessel traffic, closing only for pedestrian
crossings and periodic maintenance.
This proposed rule will also allow the
Dismal Swamp Canal Bridge to be
operated from a remote location at the
Dismal Swamp Visitors Center.
NC Parks and Recreation has installed
closed circuit cameras in the area of the
bridge mounted on the fender systems
on both sides. Infrared sensors have also
been installed to cover the swing radius
of the bridge. This equipment enhances
the controller’s ability to monitor vessel
traffic from the remote location. The
controller will also monitor marine
channel 13.
The proposed rule will require the
draw to remain in the open-tonavigation position and only close to
allow pedestrians (visitors to the park)
to cross the bridge, and for periodic
maintenance, and then the bridge will
immediately reopen to navigation once
the pedestrians have crossed the bridge.
This will provide for an even flow of
vessel traffic along the Dismal Swamp.
Discussion of Proposed Rule
The Coast Guard proposes to adopt
new regulations to govern the operation
of the Dismal Swamp Canal Bridge, at
mile 28.0, in South Mills, NC. The Coast
Guard proposes to insert this new
specific regulation at 33 CFR § 117.820.
The rule will allow the draw of the
bridge to be remotely-operated by Park
Service Rangers at the Dismal Swamp
Visitors Center.
The draw will remain in the open
position for navigation and shall only be
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closed for the crossing of pedestrians
and periodic maintenance authorized in
accordance with 33 CFR Subpart A.
Before the Dismal Swamp Visitor
Center Bridge closes for any reason, the
remote operator will monitor waterway
traffic in the area. The bridge will only
be closed if the operator’s visual
inspection shows that the channel is
clear and there are no vessels transiting
in the area.
While the Dismal Swamp Visitor
Center Bridge is moving from the full
open to the full closed position, the
operator will maintain constant
surveillance of the navigation channel
to ensure that no conflict with maritime
traffic exists.
In the event of failure or obstruction
of monitoring equipment, the operator
will stop and return the bridge to the
full open position to vessels.
Before closing the draw, the channel
traffic lights will change from flashing
green to flashing red and the horn will
sound five short blasts. Five short blasts
of the horn will continue until the
bridge is seated and locked down to
vessels, the channel traffic lights will
continue to flash red.
When pedestrian traffic has cleared,
the horn will automatically sound one
prolonged blast followed by one short
blast to indicate that the draw of the
Dismal Swamp Canal Bridge is about to
return to its full open position to
vessels. During the open swing
movement, the channel traffic lights
will flash red until the bridge is in the
full open position. In the full open
position to vessels, the bridge channel
lights will flash green.
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. We reached this
conclusion based on the fact that the
proposed changes have only a minimal
impact on maritime traffic transiting the
bridge. Although the Dismal Swamp
Canal Bridge will be untended and
operated from a remote location,
mariners can continue their transits
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17395
because the bridge will remain open to
mariners, only to be closed for
pedestrian crossings or periodic
maintenance.
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 not have a
significant economic impact on a
substantial number of small entities for
the following reason. The rule allows
the Dismal Swamp Canal Bridge to
operate remotely and requires the bridge
to remain in the open position to vessels
the majority of the time, only closing for
pedestrian crossings or periodic
maintenance.
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 (Pub. L. 04–121),
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 Waverly W.
Gregory, Jr., Bridge Administrator, Fifth
Coast Guard District, (757) 398–6222.
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.).
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Federal Register / Vol. 71, No. 66 / Thursday, April 6, 2006 / Proposed Rules
Federalism
Energy Effects
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.
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.
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.
Regulations
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; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); § 117.255 also issued under
the authority of Pub. L. 102–587, 106 Stat.
5039.
2. Add new § 117.820 immediately
following the undesignated center
heading North Carolina to read as
follows:
Technical Standards
§ 117.820 Atlantic Intracoastal Waterway
(Alternate Route), Dismal Swamp Canal.
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.
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.
Protection of Children
Environment
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.
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 because
it has been determined that the
promulgation of operating regulations
for drawbridges are categorically
excluded.
The draw of the Dismal Swamp Canal
Bridge, mile 28.0 at South Mills, NC,
shall operate as follows:
(a) The draw shall remain in the open
position for navigation. The draw shall
only be closed for pedestrian crossings
or periodic maintenance authorized in
accordance with Subpart A of this part.
(b) The bridge shall be remotely
operated by the Park Service Rangers at
the Dismal Swamp Visitors Center.
The remote operator shall monitor
vessel traffic with closed circuit cameras
and infrared sensors covering the swing
radius. Operational information will be
provided 24 hours a day on marine
channel 13.
(c) The bridge shall not be operated
from the remote location in the
following events: Failure or obstruction
of the infrared sensors, closed-circuit
cameras or marine-radio
communications, or when remote
operator’s visibility is impaired.
(d) Before the bridge closes for any
reason, the remote operator will monitor
waterway traffic in the area. The bridge
shall only be closed if the off-site remote
operator’s visual inspection shows that
the channel is clear and there are no
vessels transiting in the area. While the
bridge is moving, the operator shall
maintain constant surveillance of the
navigation channel.
(e) Before closing the draw, the
channel traffic lights will change from
flashing green to flashing red, the horn
will sound five short blasts. Five short
blasts of the horn will continue until the
bridge is seated and locked down to
vessels, the channel traffic lights will
continue to flash red.
(f) When pedestrian traffic has
cleared, the horn will automatically
sound one prolonged blast followed by
one short blast to indicate the draw is
opening to vessel traffic. During the
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
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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.
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List of Subjects in 33 CFR Part 117
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Federal Register / Vol. 71, No. 66 / Thursday, April 6, 2006 / Proposed Rules
opening swing movement, the channel
traffic lights will flash red until the
bridge returns to the fully open position.
In the full open position to vessels, the
bridge channel lights will flash green.
Dated: March 23, 2006.
L.L. Hereth,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. E6–4899 Filed 4–5–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–06–024]
RIN 1625–AA09
Drawbridge Operation Regulations;
Chelsea River, Chelsea, MA
Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
cchase on PROD1PC60 with PROPOSALS
AGENCY:
SUMMARY: The Coast Guard proposes to
temporarily change the drawbridge
operation regulations governing the
operation of the P.J. McArdle Bridge,
across the Chelsea River at mile 0.3,
between East Boston and Chelsea,
Massachusetts. This proposed rule
would allow the bridge to remain closed
from 9 a.m. to 5 p.m. on June 17, 2006,
to facilitate the Third Annual Chelsea
River Revel Festival and the running of
the Chelsea River Revel 5K Road Race.
Vessels that can pass under the bridge
without a bridge opening may do so at
all times.
DATES: Comments and related material
must reach the Coast Guard on or before
May 8, 2006.
ADDRESSES: You may mail comments
and related material to Commander
(dpb), First Coast Guard District Bridge
Branch, 408 Atlantic Avenue, Boston,
Massachusetts, 02110, or deliver them
to the same address between 7 a.m. and
3 p.m., Monday through Friday, except,
Federal holidays. The telephone number
is (617) 223–8364. The First Coast
Guard District, Bridge Branch,
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
the First Coast Guard District, Bridge
Branch, 7 a.m. to 3 p.m., Monday
through Friday, except Federal holidays.
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Mr.
John McDonald, Project Officer, First
Coast Guard District, (617) 223–8364.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 (CGD01–06–024),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know if 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; however, you may submit a
request for a meeting by writing to the
First Coast Guard District, 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 P.J. McArdle Bridge across the
Chelsea River at mile 0.3, has a vertical
clearance of 21 feet at mean high water
and 30 feet at mean low water in the
closed position. The existing
drawbridge operation regulations listed
at 33 CFR 117.593 require the bridge to
open on signal at all times.
On March 6, 2006, the Chelsea Creek
Action Group (CCAG) requested a
temporary change to the regulation that
governs the operation of the P.J.
McArdle Bridge. The temporary
regulation would allow the bridge to
remain closed to vessel traffic from 9
a.m. to 5 p.m. on Saturday, June 17,
2006, in the interest of public safety
during the Third Annual Chelsea River
Revel Festival and 5K Road Race.
Vessels that can pass under the bridge
without a bridge opening may do so at
all times.
Discussion of Proposed Rule
This proposed change would suspend
§ 117.593 and temporarily add a new
§ 117.T594.
The P.J. McArdle Bridge would
remain in the closed position from 9
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17397
a.m. to 5 p.m. in the interest of public
safety during the Third Annual Chelsea
River Revel Festival and the running of
the Chelsea River Revel 5K Road Race.
The 5K Road Race does not actually
cross over the bridge; however, the
Chelsea River passes through the middle
of the festival which takes place on both
sides of the Chelsea River in East Boston
and Chelsea.
A large volume of pedestrian traffic is
anticipated to cross over the bridge
during the festival.
It would not be in the best interest of
public safety and the coordination of
this public event to have the bridge
open during the time period this event
is in progress.
The Chelsea River is predominantly
transited by commercial tugs, barges, oil
tankers. The Coast Guard coordinates
this closure annually with the oil
facilities and the one recreational
marina which are upstream from the
bridge.
This temporary rule is expected to
meet the present and anticipated needs
of navigation.
Under this proposed temporary rule,
all drawbridges across the Chelsea River
would open on signal; except that the
P.J. McArdle Bridge, at mile 0.3, would
need not open for the passage of vessel
traffic from 9 a.m. to 5 p.m. on June 17,
2006.
The opening signal for each
drawbridge would remain two
prolonged blasts followed by two short
blasts and one prolonged blast. The
acknowledging signal would remain
three prolonged blasts when the draw
can be opened immediately and two
prolonged blasts when the draw cannot
be opened or is open and must be
closed.
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
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 conclusion is based on the fact
that the bridge will only be closed for
8 hours in the interest of public safety
during the running of the 5K Road Race
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]]>Agencies
[Federal Register Volume 71, Number 66 (Thursday, April 6, 2006)]
[Proposed Rules]
[Pages 17394-17397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4899]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-06-017]
RIN 1625-AA09
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway
(Alternate Route), Dismal Swamp Canal, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish regulations that govern
the operation of the new Dismal Swamp Canal Bridge, at the Alternate
Route of the Atlantic Intracoastal Waterway (AICW) mile 28.0, in South
Mills, NC. The proposed regulations will maintain a level of
operational capabilities that will continue to provide for the
reasonable needs of the North Carolina Department of Parks and
Recreation Visitor Center, at Dismal Swamp, and vessel navigation.
DATES: Comments and related material must reach the Coast Guard on or
before June 5, 2006.
ADDRESSES: You may mail comments and related material to Commander
(obr), Fifth Coast Guard District, Federal Building, 4th Floor, 431
Crawford Street, Portsmouth, VA 23704-5004. The Fifth Coast Guard
District 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), Fifth Coast Guard District between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Bill H. Brazier, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6422.
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 CGD05-06-
017, indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches,
[[Page 17395]]
suitable for copying. If you would like a return receipt, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all submittals 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 Commander (obr), Fifth Coast Guard
District 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 North Carolina Department of Parks and Recreation (NC Parks and
Recreation) will own and operate this proposed new swing-type bridge at
the Alternate Route of the AICW mile 28.0 across Dismal Swamp Canal.
This proposed rule will allow the Dismal Swamp Canal Bridge to remain
open to vessel traffic, closing only for pedestrian crossings and
periodic maintenance. This proposed rule will also allow the Dismal
Swamp Canal Bridge to be operated from a remote location at the Dismal
Swamp Visitors Center.
NC Parks and Recreation has installed closed circuit cameras in the
area of the bridge mounted on the fender systems on both sides.
Infrared sensors have also been installed to cover the swing radius of
the bridge. This equipment enhances the controller's ability to monitor
vessel traffic from the remote location. The controller will also
monitor marine channel 13.
The proposed rule will require the draw to remain in the open-to-
navigation position and only close to allow pedestrians (visitors to
the park) to cross the bridge, and for periodic maintenance, and then
the bridge will immediately reopen to navigation once the pedestrians
have crossed the bridge. This will provide for an even flow of vessel
traffic along the Dismal Swamp.
Discussion of Proposed Rule
The Coast Guard proposes to adopt new regulations to govern the
operation of the Dismal Swamp Canal Bridge, at mile 28.0, in South
Mills, NC. The Coast Guard proposes to insert this new specific
regulation at 33 CFR Sec. 117.820. The rule will allow the draw of the
bridge to be remotely-operated by Park Service Rangers at the Dismal
Swamp Visitors Center.
The draw will remain in the open position for navigation and shall
only be closed for the crossing of pedestrians and periodic maintenance
authorized in accordance with 33 CFR Subpart A.
Before the Dismal Swamp Visitor Center Bridge closes for any
reason, the remote operator will monitor waterway traffic in the area.
The bridge will only be closed if the operator's visual inspection
shows that the channel is clear and there are no vessels transiting in
the area.
While the Dismal Swamp Visitor Center Bridge is moving from the
full open to the full closed position, the operator will maintain
constant surveillance of the navigation channel to ensure that no
conflict with maritime traffic exists.
In the event of failure or obstruction of monitoring equipment, the
operator will stop and return the bridge to the full open position to
vessels.
Before closing the draw, the channel traffic lights will change
from flashing green to flashing red and the horn will sound five short
blasts. Five short blasts of the horn will continue until the bridge is
seated and locked down to vessels, the channel traffic lights will
continue to flash red.
When pedestrian traffic has cleared, the horn will automatically
sound one prolonged blast followed by one short blast to indicate that
the draw of the Dismal Swamp Canal Bridge is about to return to its
full open position to vessels. During the open swing movement, the
channel traffic lights will flash red until the bridge is in the full
open position. In the full open position to vessels, the bridge channel
lights will flash green.
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. We reached this conclusion based
on the fact that the proposed changes have only a minimal impact on
maritime traffic transiting the bridge. Although the Dismal Swamp Canal
Bridge will be untended and operated from a remote location, mariners
can continue their transits because the bridge will remain open to
mariners, only to be closed for pedestrian crossings or periodic
maintenance.
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 not have a significant economic impact on
a substantial number of small entities for the following reason. The
rule allows the Dismal Swamp Canal Bridge to operate remotely and
requires the bridge to remain in the open position to vessels the
majority of the time, only closing for pedestrian crossings or periodic
maintenance.
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 (Pub. L. 04-121), 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 Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, (757) 398-6222. 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.).
[[Page 17396]]
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 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 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 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); Sec. 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Add new Sec. 117.820 immediately following the undesignated
center heading North Carolina to read as follows:
Sec. 117.820 Atlantic Intracoastal Waterway (Alternate Route), Dismal
Swamp Canal.
The draw of the Dismal Swamp Canal Bridge, mile 28.0 at South
Mills, NC, shall operate as follows:
(a) The draw shall remain in the open position for navigation. The
draw shall only be closed for pedestrian crossings or periodic
maintenance authorized in accordance with Subpart A of this part.
(b) The bridge shall be remotely operated by the Park Service
Rangers at the Dismal Swamp Visitors Center.
The remote operator shall monitor vessel traffic with closed
circuit cameras and infrared sensors covering the swing radius.
Operational information will be provided 24 hours a day on marine
channel 13.
(c) The bridge shall not be operated from the remote location in
the following events: Failure or obstruction of the infrared sensors,
closed-circuit cameras or marine-radio communications, or when remote
operator's visibility is impaired.
(d) Before the bridge closes for any reason, the remote operator
will monitor waterway traffic in the area. The bridge shall only be
closed if the off-site remote operator's visual inspection shows that
the channel is clear and there are no vessels transiting in the area.
While the bridge is moving, the operator shall maintain constant
surveillance of the navigation channel.
(e) Before closing the draw, the channel traffic lights will change
from flashing green to flashing red, the horn will sound five short
blasts. Five short blasts of the horn will continue until the bridge is
seated and locked down to vessels, the channel traffic lights will
continue to flash red.
(f) When pedestrian traffic has cleared, the horn will
automatically sound one prolonged blast followed by one short blast to
indicate the draw is opening to vessel traffic. During the
[[Page 17397]]
opening swing movement, the channel traffic lights will flash red until
the bridge returns to the fully open position. In the full open
position to vessels, the bridge channel lights will flash green.
Dated: March 23, 2006.
L.L. Hereth,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E6-4899 Filed 4-5-06; 8:45 am]
BILLING CODE 4910-15-P
