Drawbridge Operation Regulations; Smith Creek at Wilmington, NC, 46192-46194 [E8-18351]
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46192
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
rfrederick on PRODPC74 with RULES
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0785),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and mailing address,
an e-mail address, or a phone number in
the body of your document so that we
can contact you if we have questions
regarding your submission. You may
submit your comments and materials by
electronic means, mail, fax, or delivery
to the Docket Management Facility at
the address under ADDRESSES; but
please submit your comments and
materials by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
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.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2008–0785) in the
Search box, and click ‘‘Go>>.’’ You may
also visit either the Docket Management
Facility in Room W12–140, on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays; or First Coast Guard
District, Bridge Branch, One South
Street, New York, NY 10004, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
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15:19 Aug 07, 2008
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of our dockets by the name of the
individual submitting the comment (or
signing the comment), if submitted on
behalf of an association, business, labor
union, etc. You may review a Privacy
Act, system of records notice regarding
our public dockets in the January 17,
2008, issue of the Federal Register (73
FR 3316).
Public Meeting
We do not plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility 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 Route 36 Bridge has a vertical
clearance in the closed position of 35
feet at mean high water and 39 feet at
mean low water. The existing
drawbridge operation regulations are
listed at 33 CFR 117.755(a). The bridge
presently opens on the hour and half
hour between 7 a.m. and 8 p.m. from
May 15 through October 15, and on
signal from 8 p.m. to 11 p.m. From 11
p.m. to 7 a.m. the bridge opens on signal
after a four-hour advance notice is
given.
The Shrewsbury River is navigated
predominantly by recreational power
boats and sail boats of various sizes.
Currently only one lane of vehicular
traffic is open northbound on the Route
36 Bridge due to the Highlands Bridge
replacement project presently
underway. Two lanes of vehicular traffic
were closed in early July 2008, to
facilitate the new bridge construction.
As a result of the vehicular travel lane
closures traffic congestion has become a
major concern to motorists and local
officials. The nearby Gateway National
Recreation Area, operated by the
National Park Service, has been
particularly impacted on weekends by
traffic delays as a result of the bridge
construction and drawbridge openings
for vessel traffic.
The National Park Service, the New
Jersey Department of Transportation,
and local officials have made various
adjustments to traffic control to help
mitigate the vehicular traffic congestion;
however, the traffic congestion on
weekends in the afternoon continues to
be a major safety concern when
motorists are exiting the Sandy Hook
area and the Gateway National
Recreation Park.
As a result, the National Park Service
requested a temporary deviation from
the drawbridge operation regulations to
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test an alternate drawbridge operation
schedule to help better balance the
needs between vehicular land traffic
and marine vessel traffic.
Under this temporary deviation, in
effect from August 2, 2008 through
September 1, 2008, the Route 36 Bridge
at mile 1.8, across the Shrewsbury
River, shall operate as follows:
Monday through Friday, the draw
shall open on signal, from 7 a.m. to 8
p.m., on the hour and half hour only.
From 8 p.m. to 11 p.m. the draw shall
open on signal. From 11 p.m. to 7 a.m.
the draw shall open on signal after at
least a four-hour notice is given by
calling 732–872–1052.
Saturday, Sunday and Labor Day, the
draw shall open on signal from 7 a.m.
to 4 p.m., and 7 p.m. to 8 p.m. on the
hour and half hour only. From 4 p.m.
to 7 p.m. the draw shall open on signal
once an hour, on the hour only. From
8 p.m. to 11 p.m. the draw shall open
on signal. From 11 p.m. to 7 a.m. the
draw shall open on signal after at least
a four-hour advance notice is given by
calling 732–872–1052.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: July 31, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E8–18312 Filed 8–7–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2008–0302]
RIN 1625–AA09
Drawbridge Operation Regulations;
Smith Creek at Wilmington, NC
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the drawbridge operation regulations of
the S117–S133 Bridge, at mile 1.5,
across Smith Creek at Wilmington, NC.
This action will allow that the draw
need not be opened for the passage of
vessels.
DATES: This rule is effective September
8, 2008.
ADDRESSES: Comments and related
materials received from the public, as
E:\FR\FM\08AUR1.SGM
08AUR1
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations
well as documents mentioned in this
preamble as being available in the
docket, are part of docket USCG–2008–
0302 and are available online at
https://www.regulations.gov. This
material is also available for inspection
or copying at two locations: the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays and the
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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call
Gary S. Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at
(757) 398–6629. If you have questions
on viewing or submitting material to the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
rfrederick on PRODPC74 with RULES
Regulatory Information
On May 15, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Drawbridge Operation
Regulations; Smith Creek at
Wilmington, NC’’ in the Federal
Register (73 FR 28069). We received no
comments on the published NPRM. No
public meeting was requested, and none
was held.
Background and Purpose
The North Carolina Department of
Transportation (NCDOT) is responsible
for the operation of the S117–S133
Bridge, at mile 1.5, across Smith Creek
at Wilmington, NC. The existing
operating regulation is set out in 33 CFR
117.841 and requires the draw to open
on signal if at least 24 hour notice is
given. In the closed-to-navigation
position, the S117–S133 Bridge has a
vertical clearance of 12 feet, above mean
high water.
From the 1930s to the 1970s, Smith
Creek was the main waterway route for
commercial vessel traffic servicing
lumber mills and factories along the
waterfront in Wilmington, NC. There are
no longer any commercial interests
requiring access upstream. NCDOT has
not received a request to open the bridge
in over 20 years for waterway
navigation, and it has been more than 35
years since the bridge was actually
manned by operators.
Due to the lack of requests for vessel
openings of the drawbridge for the past
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15:19 Aug 07, 2008
Jkt 214001
20 years, NCDOT requested to change
the current operating regulations that
the draw need not be opened for the
passage of vessels.
Discussion of Comments and Changes
The Coast Guard received no
comments to the NPRM. Based on the
information provided, we will
implement a final rule with no changes
to the NPRM.
Discussion of Rule
The Coast Guard is amending 33 CFR
117.841, which governs the S117–S133
Bridge by revising the paragraph to read
that the draw need not be opened for the
passage of vessels.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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. We reached this conclusion
based on the fact that NCDOT has not
received a request to open the bridge in
over 20 years for waterway navigation.
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 will not have
a significant economic impact on a
substantial number of small entities.
This rule will not have a significant
economic impact on a substantial
number of small entities because
NCDOT has not received a request to
open the bridge in over 20 years for
waterway navigation.
46193
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. 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). 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 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 effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Assistance for Small Entities
Civil Justice Reform
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
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Fmt 4700
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08AUR1
46194
Federal Register / Vol. 73, No. 154 / Friday, August 8, 2008 / Rules and Regulations
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 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 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.
rfrederick on PRODPC74 with RULES
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.
VerDate Aug<31>2005
15:19 Aug 07, 2008
Jkt 214001
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D
and Department of Homeland Security
Management Directive 5100.1, 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 checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
I 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:
I
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
I
2. Revise § 117.841 to read as follows:
§ 117.841
Smith Creek.
The draw of the S117–S133 Bridge,
mile 1.5 at Wilmington, need not open
for the passage of vessels.
Dated: July 30, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. E8–18351 Filed 8–7–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2008–0218]
RIN 1625–AA00
Safety Zones: Annual Events
Requiring Safety Zones in the Captain
of the Port Detroit Zone
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing safety zones for annual
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Fmt 4700
Sfmt 4700
events in the Captain of the Port Detroit
Zone. This rule consolidates current
regulations establishing safety zones for
annual fireworks events in the former
Captain of the Port Toledo Zone and the
former Captain of the Port Detroit Zone.
In addition, it adds events not
previously published in Coast Guard
regulations. These safety zones are
necessary to protect spectators,
participants, and vessels from the
hazards associated with fireworks
displays or other events.
DATES:
This rule is effective August 8,
2008.
Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2008–0218 and are
available online at https://
www.regulations.gov. This material is
also available for inspection or copying
at two locations: the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays and the U.S.
Coast Guard, Sector Detroit, 110 Mt
Elliot Ave, Detroit, MI 48207 between 8
a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
ADDRESSES:
If
you have questions on this rule, call
CDR Joseph Snowden, Prevention, U.S.
Coast Guard Sector Detroit at (313) 568–
9580. If you have questions on viewing
the docket, call Renee V. Wright,
Program Manager, Docket Operations,
telephone 202–366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 22, 2008, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zones: Annual Events
Requiring Safety Zones in the Captain of
the Port Detroit Zone in the Federal
Register (73 FR 29725). We received
zero letters commenting on the rule. No
public meeting was requested, and none
was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to the public interest of
ensuring the safety and security of the
spectators and participants during this
event and immediate action is necessary
to prevent possible loss of life or
property.
E:\FR\FM\08AUR1.SGM
08AUR1
Agencies
[Federal Register Volume 73, Number 154 (Friday, August 8, 2008)]
[Rules and Regulations]
[Pages 46192-46194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18351]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[USCG-2008-0302]
RIN 1625-AA09
Drawbridge Operation Regulations; Smith Creek at Wilmington, NC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the drawbridge operation
regulations of the S117-S133 Bridge, at mile 1.5, across Smith Creek at
Wilmington, NC. This action will allow that the draw need not be opened
for the passage of vessels.
DATES: This rule is effective September 8, 2008.
ADDRESSES: Comments and related materials received from the public, as
[[Page 46193]]
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2008-0302 and are available online at
https://www.regulations.gov. This material is also available for
inspection or copying at two locations: the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays and the 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Gary S. Heyer, Bridge Management Specialist, Fifth Coast Guard
District, at (757) 398-6629. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 15, 2008, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Smith Creek at
Wilmington, NC'' in the Federal Register (73 FR 28069). We received no
comments on the published NPRM. No public meeting was requested, and
none was held.
Background and Purpose
The North Carolina Department of Transportation (NCDOT) is
responsible for the operation of the S117-S133 Bridge, at mile 1.5,
across Smith Creek at Wilmington, NC. The existing operating regulation
is set out in 33 CFR 117.841 and requires the draw to open on signal if
at least 24 hour notice is given. In the closed-to-navigation position,
the S117-S133 Bridge has a vertical clearance of 12 feet, above mean
high water.
From the 1930s to the 1970s, Smith Creek was the main waterway
route for commercial vessel traffic servicing lumber mills and
factories along the waterfront in Wilmington, NC. There are no longer
any commercial interests requiring access upstream. NCDOT has not
received a request to open the bridge in over 20 years for waterway
navigation, and it has been more than 35 years since the bridge was
actually manned by operators.
Due to the lack of requests for vessel openings of the drawbridge
for the past 20 years, NCDOT requested to change the current operating
regulations that the draw need not be opened for the passage of
vessels.
Discussion of Comments and Changes
The Coast Guard received no comments to the NPRM. Based on the
information provided, we will implement a final rule with no changes to
the NPRM.
Discussion of Rule
The Coast Guard is amending 33 CFR 117.841, which governs the S117-
S133 Bridge by revising the paragraph to read that the draw need not be
opened for the passage of vessels.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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. We reached this conclusion based on the
fact that NCDOT has not received a request to open the bridge in over
20 years for waterway navigation.
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 will
not have a significant economic impact on a substantial number of small
entities.
This rule will not have a significant economic impact on a
substantial number of small entities because NCDOT has not received a
request to open the bridge in over 20 years for waterway navigation.
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. 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). 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 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 effect 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
[[Page 46194]]
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 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 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 M16475.1D
and Department of Homeland Security Management Directive 5100.1, 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 checklist 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; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.841 to read as follows:
Sec. 117.841 Smith Creek.
The draw of the S117-S133 Bridge, mile 1.5 at Wilmington, need not
open for the passage of vessels.
Dated: July 30, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E8-18351 Filed 8-7-08; 8:45 am]
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