Drawbridge Operation Regulation; Elizabeth River, Eastern Branch, Norfolk, VA, 17090-17094 [2013-06428]
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Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Rules and Regulations
(3) The Coast Guard will provide
notice of the regulated area via Local
Notice to Mariners, Broadcast Notice to
Mariners and by on-scene designated
representatives.
(d) Effective Date. This rule is
effective from 12:00 p.m. until 1:30 p.m.
on March 23, 2013.
Dated: March 7, 2013.
C.P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2013–06451 Filed 3–19–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0357]
RIN 1625–AA09
Drawbridge Operation Regulation;
Elizabeth River, Eastern Branch,
Norfolk, VA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is adopting
an interim drawbridge rule published in
August 2012 as a final rule for the
Berkley (I–264) Bridge, at mile 0.4,
across the Eastern Branch of the
Elizabeth River, Norfolk, VA. This rule,
allowing only four scheduled bridge
openings during the day, is necessary to
alleviate heavy vehicular traffic delays
throughout the day and secondary
congestion during the afternoon rush
hour, while still providing for the
reasonable needs of navigation.
DATES: Effective April 19, 2013.
ADDRESSES: Comments and related
materials received from the public, as
well as documents mentioned in this
preamble as being available in the
docket, are part of docket USCG–2012–
0357 and are available online by going
to www.regulations.gov, and inserting
USCG–2012–0357 in the ‘‘Search’’ box,
and then clicking ‘‘Search’’. This
material is also available for inspection
or copying at 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Terrance A. Knowles, Bridge
Administration Branch, Fifth Coast
Guard District, telephone (757) 398–
6587, email
terrance.a.knowles@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
U.S.C. United States Code
VDOT Virginia Department of
Transportation
VMA Virginia Maritime Association
A. Regulatory History and Information
On August 30, 2012, we published an
interim rule (IR) entitled, ‘‘Drawbridge
Operation Regulations; Elizabeth River,
Eastern Branch, Norfolk, VA’’ in the
Federal Register (77 FR 52599). We
received 545 comments on the proposed
rule. No public meeting was requested,
and none was held.
Other Related Regulatory Action: The
following table describes regulatory
actions related to this bridge. A
discussion of those actions follows.
TABLE 1—RULEMAKINGS
Date
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10/09/2009
10/09/2009
03/03/2010
03/03/2010
08/06/2010
08/30/2012
Action
............................................................
............................................................
............................................................
............................................................
............................................................
............................................................
On October 9, 2009, we published a
notice of temporary deviation request
for comments entitled; ‘‘Drawbridge
Operation Regulations; Elizabeth River,
Eastern Branch, Norfolk, VA’’ in the
Federal Register (74 FR 52143) and a
notice of proposed rulemaking (NPRM)
entitled ‘‘Drawbridge Operation
Regulation; Elizabeth River, Eastern
Branch, Norfolk, VA’’ in the Federal
Register (74 FR 52158). We received 861
comments for both the temporary
deviation and NPRM. No public meeting
was requested then, and none was held.
On March 3, 2010, we published a
notice of temporary deviation request
for comments entitled; ‘‘Drawbridge
Operation Regulations; Elizabeth River,
Eastern Branch, VA’’ in the Federal
Register (75 FR 9521) and a
supplemental notice of proposed
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FR Cite
Temporary Deviation .............................................
Proposed Rulemaking (NPRM) ............................
Temporary Deviation .............................................
Supplemental NPRM ............................................
Temporary Final Rule ...........................................
Interim Rule ...........................................................
rulemaking (SNPRM) entitled
‘‘Drawbridge Operation Regulations;
Elizabeth River, Eastern Branch,
Norfolk, VA’’ in the Federal Register (75
FR 9557). That time we received four
comments on the published deviation
and SNPRM. No public meeting was
requested then, and none was held.
On August 6, 2010, we published a
temporary final rule entitled
‘‘Drawbridge Operation Regulations;
Elizabeth River, Eastern Branch,
Norfolk, VA’’ in the Federal Register (75
FR 47461) that temporarily changed the
drawbridge operation regulations
effective from 9 a.m. on September 4,
2010, until 2:30 p.m. on October 5,
2012.
The establishment of the recent
interim rule, effective since October 6,
2012, and the previous temporary final
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74
74
75
75
75
77
FR
FR
FR
FR
FR
FR
52143 .........
52158 .........
9521 ...........
9557 ...........
47461 .........
52599 .........
Drawbridge
operation regs.
(Docket No.)
USCG–2009–0754.
USCG–2009–0754.
USCG–2010–0083.
USCG–2009–0754.
USCG–2009–0754.
USCG–2012–0357.
rule, with its similar operating rules/
provisions, which was in effect since
September 4, 2010, did not place any
additional constraints on the waterway
users because mariners already used the
temporary schedule for almost two years
and could still plan their trips in
accordance with the scheduled bridge
openings. Any operating schedule that
would revert back to the previous ondemand operation of the drawbridge
would produce a tremendous amount of
delay. Prior to these four scheduled
daytime openings, delays for motorists
were unpredictable and were expected
to increase with population growth and
any increase in associated traffic.
B. Basis and Purpose
VDOT, which owns and operates the
bascule-type Berkley Bridge, requested a
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Federal Register / Vol. 78, No. 54 / Wednesday, March 20, 2013 / Rules and Regulations
permanent change to the bridge
regulations. This final rule makes
permanent those temporary regulations
currently in effect in the interim rule.
The Berkley Bridge is the principle
arterial route in and out of the City of
Norfolk and serves as the major
evacuation highway in the event of
emergencies. In the closed to navigation
position, the Berkley Bridge has a
vertical clearance of 48 feet above mean
high water. Vessel traffic on this portion
of the Elizabeth River waterway consists
of pleasure craft, tug and barge traffic,
and ships with assist tugs seeking
repairs. There is no alternate waterway
route.
The regulation set out in Title 33 CFR
117.1007 (b) allows the Berkley Bridge,
mile 0.4, in Norfolk, Virginia to remain
closed one hour prior to the published
start of a scheduled marine event
regulated under § 100.501, and remain
closed until one hour following the
completion of the event unless the
Patrol Commander designated under
§ 100.501 allows the bridge to open for
commercial vessel traffic. In addition,
the bridge shall open on signal any time
except from 5 a.m. to 9 a.m. and from
3 p.m. to 7 p.m., Monday through
Friday, except Federal holidays, and
shall open at any time for vessels with
a draft of 18 feet or more, provided that
at least 6 hours advance notice has been
given to the Berkley Bridge Traffic
Control Room at (757) 494–2490 as
required by 33 CFR 117.1007 (c).
The interim rule, which modified the
above schedule, became effective on
October 6, 2012. During the interim rule
regulation, the draw shall remain closed
one hour prior to the published start of
a scheduled marine event regulated
under § 100.501, and remain closed
until one hour following the completion
of the event unless the Patrol
Commander designated under § 100.501
allows the bridge to open for
commercial vessel traffic. The draw
shall open on signal at any time for
vessels carrying, in bulk, cargoes
regulated by 46 CFR subchapters D or O,
or Certain Dangerous Cargoes as defined
in 33 CFR 160.204. For all other vessels,
the draw shall open on signal at any
time, except from 5 a.m. to 7 p.m.,
Monday through Friday, except Federal
holidays. During these times, the draw
shall open for commercial vessels with
a draft of 18 feet or more, provided at
least 6 hours notice was given to the
Berkley Bridge Traffic Control room at
(757) 494–2490; open on signal at 9
a.m., 11 a.m., 1 p.m. and 2:30 p.m.; and
if the bridge is not opened during a
particular scheduled opening and a
vessel has made prior arrangements for
a delayed opening, the draw tender may
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provide a single opening up to 30
minutes past that scheduled opening
time for that signaling vessel, except at
2:30 p.m. The draw tender may provide
a single opening up to 20 minutes past
the 2:30 p.m. scheduled opening time
for a signaling vessel that made prior
arrangements for a delayed opening. A
vessel may make prior arrangements for
a delayed opening by contacting the
Berkley Bridge Traffic Control room at
(757) 494–2490.
This final rule will make the interim
final rule opening procedures
permanent. Due to this, we anticipate
less vehicular traffic congestion between
9 a.m. and 3 p.m., while causing fewer
secondary back-ups during rush hours,
as compared to increased traffic
congestion when the bridge opened on
signal.
In 2009, prior to implementing the
temporary regulation, a Test Deviation
published in the Federal Register (74
FR 52143) was issued to allow VDOT to
test the proposed schedule and to obtain
data and public comments. During that
Test Deviation period, a count of the
delayed vessels during the closure
periods was taken to ensure the
regulation would not have a significant
impact on navigation. The monthly
vehicular traffic counts submitted by
VDOT for the last quarter of calendar
year 2008 showed the average daily
traffic volumes at the Berkley Bridge
(See Table A):
TABLE A
OCT 2008 ........................
NOV 2008 ........................
DEC 2008 ........................
83,296 vehicles.
99,643 vehicles.
106,856 vehicles.
The traffic counts revealed that from
October 2008 to December 2008, the
Berkley Bridge experienced a seven
percent (or 23,560-car) increase in
vehicular traffic flow. The Coast Guard
believes that the increase was due to the
previously referenced temporary closure
of two Norfolk-area bridges and that
vehicular traffic will subside when
those bridges return to service.
The Coast Guard received 861
comments on both the temporary
deviation and NPRM originally
proposed in 2009. A large majority of
the responses from commuters were in
support of the scheduled opening setup. However, the local maritime
community expressed some objections
to the schedule change to vessels.
After review of all of the comments
and bridge-related data received, the
Coast Guard had determined that an
alternative proposal should be
considered.
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17091
From September 4, 2010, to October 5,
2012, a temporary final rule (75 FR
47461, August 6, 2010) introduced
changes that allowed for the draw of the
Berkley Bridge to open on signal for the
proposed drawbridge openings
(scheduled during the daytime) which
expected to similarly cause a decrease
in traffic congestion. Concurrent with
the publication of the SNPRM (75 FR
9557, March 3, 2010), another Test
Deviation (75 FR 9521, March 3, 2010)
was issued to allow VDOT to test
another proposed schedule and to
acquire additional data and public
comments.
The Coast Guard received four
responses to the SNPRM and the second
temporary deviation, one each by letter
and to the Web site at
www.regulations.gov along with two
emails, all of which were considered in
the interim rule (77 FR 52599, August
30, 2012).
The VMA, which represents
waterborne commerce in the Port of
Hampton Roads, responded in writing
with its support of the revised
regulation and its statement that the
current operating regulation
incorporates the minimum degree of
flexibility that the maritime industry
can accept. VDOT also indicated that
the new Berkley Bridge operating
regulation had improved the flow of
vehicular traffic while still meeting the
minimum needs of navigation.
VMA, VDOT and two private citizens
expressed concerns about unscheduled
openings that caused vehicular traffic
congestion. The unscheduled openings
were provided for Government vessels
and vessels with a draft of 18 feet or
more that provided at least 6 hours
advance notice and for vessels hauling
dangerous cargo.
The Coast Guard reviewed the bridge
data supplied by VDOT. The
information indicated that during the
deviation test period (from March 10,
2010, to September 3, 2010), that a total
of 260 potential bridge openings for
vessels could have been provided
Monday through Friday, except Federal
holidays, at 9 a.m., 11 a.m., 1 p.m. and
2:30 p.m. The data showed the bridge
only opened 88 times of the 260
potential openings. The data also
revealed that seven bridge openings
were provided just about 15 minutes
past the scheduled opening time at 9
a.m., 11 a.m. and 1 p.m. and that the
average opening usually lasted 12
minutes; a later opening at 2:30 p.m.
would add to the traffic congestion
during the rush hour. However, due to
good communication with the general
public by using road signs and
broadcasts, there was only one opening
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that occurred after 2:45 p.m. A majority
of those openings were provided
primarily for commercial vessels, with a
maximum of four vessels transiting
through a single bridge opening. The
subsequent changes to the operating
procedures appear to have reduced
vehicular traffic congestion while still
providing for the reasonable needs of
navigation. Based on the information
provided, the revised temporary rule
was implemented with no changes to
the SNPRM.
Between October 2010 and January
2012, from 9 a.m. and 3 p.m., according
to data provided by VDOT, the Berkley
Bridge averaged approximately 6,533
vehicles per hour which ranks it among
the most heavily traveled routes in the
region (See Table B).
TABLE B—AVERAGE DAILY VEHICULAR TRAFFIC COUNT
Hourly total
Oct 2010
9AM–10AM ..............................................
10AM–11AM ............................................
11AM–12PM ............................................
12PM–1PM ..............................................
1PM–2PM ................................................
2PM–3PM ................................................
Total ..................................................
Jan 2011
6,509
6,248
6,443
6,714
6,860
7,330
40,103
May 2011
6,230
6,074
6,008
6,583
6,345
7,133
38,373
Aug 2011
6,545
6,362
6,457
6,781
6,766
7,361
40,270
Jan 2012
6,335
6,383
6,439
6,780
6,760
7,210
39,906
Average
5,956
5,898
5,927
6,283
6,249
7,032
37,345
6,315
6,193
6,255
6,628
6,596
7,213
39,199
Overall hourly average—6,533.
The temporary regulation schedule
provided four bridge lift opportunities
each weekday between 9 a.m. and 3
p.m. This equated to a maximum of 88
lifts per month (assuming 22 workdays
per month). Since October 2010, there
has been an average of only 24
requested lifts per month—a usage rate
of only 27% of capacity (See Table C).
TABLE C—BRIDGE OPENING COUNTS
2010
2010
2010
2011
2011
2011
2011
2011
2011
2011
2011
2011
2011
2011
2011
2012
2012
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Monthly
average
Total
Oct
30
15
23
28
27
29
23
22
28
20
9
21
19
34
15
23
35
23.6
401
BRIDGE OPENING AVERAGE DURATION
[In minutes]
2010
2010
2011
2011
2011
2011
2011
2011
2011
2011
2011
2011
2011
2011
2012
2012
Oct
Nov
Dec
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Monthly
average
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2010
9.9
9.7
8.9
9.4
9.1
9.0
8.9
10.2
10.1
9.3
10.0
9.1
9.1
8.7
10.1
12.3
9.6
Prior to execution of the temporary
regulation period, the average duration
of a bridge lift was approximately 15
minutes. Throughout the same periods,
the average duration of bridge lifts has
been 9.6 minutes—a reduction of 5.4
minutes per lift.
The temporary closures of two
Norfolk-area bridges, forced increased
use of the Berkley Bridge by vehicular
traffic. Now with those bridges
completed there is some temporary
traffic relief, but VDOT suggests that the
Berkley Bridge and its approaches will
still experience back-ups, delays, and
congestion, due to increased traffic and
population growth. The Hampton Roads
Planning District Commission projected
a population growth of 31% by 2034.
This continued increase in traffic
volume in Norfolk and at the Berkley
Bridge is not expected to decrease in the
future. The interim rule draw opening
schedule has helped to decrease the
average bridge opening times, and the
rule has led to only 27% of the available
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opening time being utilized by mariners.
Adopting the interim rule as final will
help to mitigate future adverse impacts
caused by the increased traffic
congestion.
Assuming no reduction in maritime
traffic volume, this reduction in lift
duration has resulted in a significant
efficiency increase in the use of time the
bridge is actually opened for vessels and
a significant reduction in delays to
vehicular traffic during vessel openings.
The reduction in lift duration combined
with the predictability of scheduled lifts
optimally balances the competing
demands of both road and waterway
users.
C. Discussion of Comments, Changes,
and the Final Rule
The Coast Guard is adopting as final
the interim rule (77 FR 52604, August
30, 2012) without changes, permanently
amending the regulations governing the
Berkley Bridge, mile 0.4, at Norfolk,
Virginia, at 33 CFR 117.1007, by
revising paragraph (b)(2) to read as
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follows: The draw shall open on signal
at any time for vessels carrying, in bulk,
cargoes regulated by 46 CFR
subchapters D or O, or Certain
Dangerous Cargoes as defined in 33 CFR
160.204; For all other vessels, the draw
shall open on signal at any time, except
from 5 a.m. to 7 p.m., Monday through
Friday, except Federal holidays. During
these times, the draw shall open for
commercial vessels with a draft of 18
feet or more, provided at least 6 hours
notice was given to the Berkley Bridge
Traffic Control room at (757) 494–2490;
open on signal at 9 a.m., 11 a.m., 1 p.m.
and 2:30 p.m.; and if the bridge is not
opened during a particular scheduled
opening and a vessel has made prior
arrangements for a delayed opening, the
draw tender may provide a single
opening up to 30 minutes past that
scheduled opening time for that
signaling vessel, except at 2:30 p.m. The
draw tender may provide a single
opening up to 20 minutes past the 2:30
p.m. scheduled opening time for a
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signaling vessel that made prior
arrangements for a delayed opening. A
vessel may make prior arrangements for
a delayed opening by contacting the
Berkley Bridge Traffic Control room at
(757) 494–2490.
The Coast Guard believes that this
permanent change is necessary to help
reduce current and future vehicular
traffic congestion throughout the day
and during rush hour time periods.
Results of studies conducted since the
temporary regulation went into effect in
September 2010 confirm that scheduled
lifts have decreased congestion without
negatively impacting waterway users.
Scheduled lifts, according to the
statistics, are currently being utilized
well under capacity by the maritime
public. Furthermore, waterway users are
accustomed to this schedule, as it has
been in effect since September 2010.
The Coast Guard provided 32 days for
comment on the interim rule and
received 545 total comments (533 public
e-comments from www.regulations.gov,
11 phone calls, and one email message).
Of the 545 comments, 544
overwhelmingly supported the
regulation, and only one individual
wanted the bridge to open on demand.
Several of the 544 supporting comments
wanted the schedule to be stricter on
navigation by only allowing openings at
night, or by lessening the number of
openings during the day, or by adjusting
the scheduled opening time by fifteen
minutes to avoid additional rush hour
impacts.
There were two comments from
known waterway users. The first
commenter, whose business is located
along the Eastern Branch of the
Elizabeth River, opined that the interim
opening schedule to be a reasonable
compromise and should be retained.
The second commenter stated that all
drawbridges should open on-demand
due to the excessive expense put on
mariners while waiting hours for a few
commuters.
As previously stated, the vast majority
of respondents supported the
predictability of scheduled lifts during
the day that will optimally balances the
competing demands of both waterway
users and the excessively high numbers
of vehicles on the roadway.
D. Regulatory Analyses
We developed this final rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
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1. Regulatory Planning and Review
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The
Office of Management and Budget has
not reviewed it under those Orders.
We reached this conclusion based on
the fact that the changes have only a
minimal impact on maritime traffic
transiting the bridge. Mariners can plan
their trips in accordance with the
scheduled bridge openings, to minimize
delays. This regulation will allow the
provisions of the interim rule to be
made permanent.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. 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 received 0 comments
from the Small Business Administration
on this rule. 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 action will not have a significant
economic impact on a substantial
number of small entities because the
rule only adds minimal restrictions to
the movement of navigation, in allowing
four scheduled openings during the day.
Mariners who plan their transits in
accordance with the scheduled bridge
openings can minimize delay.
Additionally, vessels that can pass
under the bridge without a bridge
opening may do so at all times. Before
the effective period, we will issue
maritime advisories widely available to
users of the river.
3. 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. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
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compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
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.
4. 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.).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect 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. We have
analyzed this rule under that Order and
have determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the ‘‘For Further
Information Contact’’ section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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 (adjusted for inflation) 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.
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8. Taking of Private Property
This rule would not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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, eliminate
ambiguity, and reduce burden.
10. 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
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
11. 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.
wreier-aviles on DSK5TPTVN1PROD with RULES
12. 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.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, and
Commandant Instruction M16475.lD
which guides the Coast Guard in
VerDate Mar<14>2013
15:24 Mar 19, 2013
Jkt 229001
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded under figure 2–1, paragraph
(32)(e), of the Instruction.
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.
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
For the reasons discussed in the
preamble, under the authority of 33
U.S.C. 499; 33 CFR 1.05–1; and
Department of Homeland Security
Delegation No. 0170.1, the interim rule
amending 33 CFR part 117 that was
published at 77 FR 52604 on August 30,
2012, is adopted without change as a
final rule.
■
Dated: February 28, 2013.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2013–06428 Filed 3–19–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
on March 24, 2013. This rule is enforced
from 12 p.m. until 1 p.m., 1:30 p.m.
until 2:30 p.m., and 3:30 p.m. until 5:30
p.m. on March 21, 2013, and from 2:30
p.m. until 4:30 p.m. on March 22, 23
and 24, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0077]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit 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, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
final rule, call or email Marine Science
Technician First Class William G.
Winegar, Sector Key West Prevention
Department, Coast Guard; telephone
(305) 292–8809, email
William.G.Winegar@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
33 CFR Part 165
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
[Docket No. USCG–2013–0077]
A. Regulatory History and Information
Coast Guard
RIN 1625–AA00
Safety Zone; 2013 Naval Air Station
Key West Air Spectacular, Boca Chica
Channel; Boca Chica, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the waters of the Boca Chica Channel in
Boca Chica, Florida, during the 2013
Naval Air Station Key West Air
Spectacular. The safety zone is
necessary to provide for the safety of life
on navigable waters during the air show
and air show practices. Persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the safety zone unless
authorized by the Captain of the Port
Key West or a designated representative.
DATES: This rule is effective from 12
p.m. on March 21, 2013, until 4:30 p.m.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. The Coast Guard did not
receive necessary information from the
United States Navy about the event until
February 5, 2013; The Navy is
anticipating this event taking place as
scheduled. As a result, the Coast Guard
did not have sufficient time to publish
an NPRM and to receive public
comments prior to the event. Any delay
E:\FR\FM\20MRR1.SGM
20MRR1
]]>Agencies
[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Rules and Regulations]
[Pages 17090-17094]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06428]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0357]
RIN 1625-AA09
Drawbridge Operation Regulation; Elizabeth River, Eastern Branch,
Norfolk, VA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is adopting an interim drawbridge rule
published in August 2012 as a final rule for the Berkley (I-264)
Bridge, at mile 0.4, across the Eastern Branch of the Elizabeth River,
Norfolk, VA. This rule, allowing only four scheduled bridge openings
during the day, is necessary to alleviate heavy vehicular traffic
delays throughout the day and secondary congestion during the afternoon
rush hour, while still providing for the reasonable needs of
navigation.
DATES: Effective April 19, 2013.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2012-0357 and are available online by
going to www.regulations.gov, and inserting USCG-2012-0357 in the
``Search'' box, and then clicking ``Search''. This material is also
available for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Terrance A. Knowles, Bridge Administration Branch, Fifth
Coast Guard District, telephone (757) 398-6587, email
terrance.a.knowles@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
U.S.C. United States Code
VDOT Virginia Department of Transportation
VMA Virginia Maritime Association
A. Regulatory History and Information
On August 30, 2012, we published an interim rule (IR) entitled,
``Drawbridge Operation Regulations; Elizabeth River, Eastern Branch,
Norfolk, VA'' in the Federal Register (77 FR 52599). We received 545
comments on the proposed rule. No public meeting was requested, and
none was held.
Other Related Regulatory Action: The following table describes
regulatory actions related to this bridge. A discussion of those
actions follows.
Table 1--Rulemakings
----------------------------------------------------------------------------------------------------------------
Drawbridge operation regs.
Date Action FR Cite (Docket No.)
----------------------------------------------------------------------------------------------------------------
10/09/2009....................... Temporary Deviation 74 FR 52143................ USCG-2009-0754.
10/09/2009....................... Proposed Rulemaking 74 FR 52158................ USCG-2009-0754.
(NPRM).
03/03/2010....................... Temporary Deviation 75 FR 9521................. USCG-2010-0083.
03/03/2010....................... Supplemental NPRM.. 75 FR 9557................. USCG-2009-0754.
08/06/2010....................... Temporary Final 75 FR 47461................ USCG-2009-0754.
Rule.
08/30/2012....................... Interim Rule....... 77 FR 52599................ USCG-2012-0357.
----------------------------------------------------------------------------------------------------------------
On October 9, 2009, we published a notice of temporary deviation
request for comments entitled; ``Drawbridge Operation Regulations;
Elizabeth River, Eastern Branch, Norfolk, VA'' in the Federal Register
(74 FR 52143) and a notice of proposed rulemaking (NPRM) entitled
``Drawbridge Operation Regulation; Elizabeth River, Eastern Branch,
Norfolk, VA'' in the Federal Register (74 FR 52158). We received 861
comments for both the temporary deviation and NPRM. No public meeting
was requested then, and none was held.
On March 3, 2010, we published a notice of temporary deviation
request for comments entitled; ``Drawbridge Operation Regulations;
Elizabeth River, Eastern Branch, VA'' in the Federal Register (75 FR
9521) and a supplemental notice of proposed rulemaking (SNPRM) entitled
``Drawbridge Operation Regulations; Elizabeth River, Eastern Branch,
Norfolk, VA'' in the Federal Register (75 FR 9557). That time we
received four comments on the published deviation and SNPRM. No public
meeting was requested then, and none was held.
On August 6, 2010, we published a temporary final rule entitled
``Drawbridge Operation Regulations; Elizabeth River, Eastern Branch,
Norfolk, VA'' in the Federal Register (75 FR 47461) that temporarily
changed the drawbridge operation regulations effective from 9 a.m. on
September 4, 2010, until 2:30 p.m. on October 5, 2012.
The establishment of the recent interim rule, effective since
October 6, 2012, and the previous temporary final rule, with its
similar operating rules/provisions, which was in effect since September
4, 2010, did not place any additional constraints on the waterway users
because mariners already used the temporary schedule for almost two
years and could still plan their trips in accordance with the scheduled
bridge openings. Any operating schedule that would revert back to the
previous on-demand operation of the drawbridge would produce a
tremendous amount of delay. Prior to these four scheduled daytime
openings, delays for motorists were unpredictable and were expected to
increase with population growth and any increase in associated traffic.
B. Basis and Purpose
VDOT, which owns and operates the bascule-type Berkley Bridge,
requested a
[[Page 17091]]
permanent change to the bridge regulations. This final rule makes
permanent those temporary regulations currently in effect in the
interim rule.
The Berkley Bridge is the principle arterial route in and out of
the City of Norfolk and serves as the major evacuation highway in the
event of emergencies. In the closed to navigation position, the Berkley
Bridge has a vertical clearance of 48 feet above mean high water.
Vessel traffic on this portion of the Elizabeth River waterway consists
of pleasure craft, tug and barge traffic, and ships with assist tugs
seeking repairs. There is no alternate waterway route.
The regulation set out in Title 33 CFR 117.1007 (b) allows the
Berkley Bridge, mile 0.4, in Norfolk, Virginia to remain closed one
hour prior to the published start of a scheduled marine event regulated
under Sec. 100.501, and remain closed until one hour following the
completion of the event unless the Patrol Commander designated under
Sec. 100.501 allows the bridge to open for commercial vessel traffic.
In addition, the bridge shall open on signal any time except from 5
a.m. to 9 a.m. and from 3 p.m. to 7 p.m., Monday through Friday, except
Federal holidays, and shall open at any time for vessels with a draft
of 18 feet or more, provided that at least 6 hours advance notice has
been given to the Berkley Bridge Traffic Control Room at (757) 494-2490
as required by 33 CFR 117.1007 (c).
The interim rule, which modified the above schedule, became
effective on October 6, 2012. During the interim rule regulation, the
draw shall remain closed one hour prior to the published start of a
scheduled marine event regulated under Sec. 100.501, and remain closed
until one hour following the completion of the event unless the Patrol
Commander designated under Sec. 100.501 allows the bridge to open for
commercial vessel traffic. The draw shall open on signal at any time
for vessels carrying, in bulk, cargoes regulated by 46 CFR subchapters
D or O, or Certain Dangerous Cargoes as defined in 33 CFR 160.204. For
all other vessels, the draw shall open on signal at any time, except
from 5 a.m. to 7 p.m., Monday through Friday, except Federal holidays.
During these times, the draw shall open for commercial vessels with a
draft of 18 feet or more, provided at least 6 hours notice was given to
the Berkley Bridge Traffic Control room at (757) 494-2490; open on
signal at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m.; and if the bridge is
not opened during a particular scheduled opening and a vessel has made
prior arrangements for a delayed opening, the draw tender may provide a
single opening up to 30 minutes past that scheduled opening time for
that signaling vessel, except at 2:30 p.m. The draw tender may provide
a single opening up to 20 minutes past the 2:30 p.m. scheduled opening
time for a signaling vessel that made prior arrangements for a delayed
opening. A vessel may make prior arrangements for a delayed opening by
contacting the Berkley Bridge Traffic Control room at (757) 494-2490.
This final rule will make the interim final rule opening procedures
permanent. Due to this, we anticipate less vehicular traffic congestion
between 9 a.m. and 3 p.m., while causing fewer secondary back-ups
during rush hours, as compared to increased traffic congestion when the
bridge opened on signal.
In 2009, prior to implementing the temporary regulation, a Test
Deviation published in the Federal Register (74 FR 52143) was issued to
allow VDOT to test the proposed schedule and to obtain data and public
comments. During that Test Deviation period, a count of the delayed
vessels during the closure periods was taken to ensure the regulation
would not have a significant impact on navigation. The monthly
vehicular traffic counts submitted by VDOT for the last quarter of
calendar year 2008 showed the average daily traffic volumes at the
Berkley Bridge (See Table A):
Table A
------------------------------------------------------------------------
------------------------------------------------------------------------
OCT 2008............................... 83,296 vehicles.
NOV 2008............................... 99,643 vehicles.
DEC 2008............................... 106,856 vehicles.
------------------------------------------------------------------------
The traffic counts revealed that from October 2008 to December
2008, the Berkley Bridge experienced a seven percent (or 23,560-car)
increase in vehicular traffic flow. The Coast Guard believes that the
increase was due to the previously referenced temporary closure of two
Norfolk-area bridges and that vehicular traffic will subside when those
bridges return to service.
The Coast Guard received 861 comments on both the temporary
deviation and NPRM originally proposed in 2009. A large majority of the
responses from commuters were in support of the scheduled opening set-
up. However, the local maritime community expressed some objections to
the schedule change to vessels.
After review of all of the comments and bridge-related data
received, the Coast Guard had determined that an alternative proposal
should be considered.
From September 4, 2010, to October 5, 2012, a temporary final rule
(75 FR 47461, August 6, 2010) introduced changes that allowed for the
draw of the Berkley Bridge to open on signal for the proposed
drawbridge openings (scheduled during the daytime) which expected to
similarly cause a decrease in traffic congestion. Concurrent with the
publication of the SNPRM (75 FR 9557, March 3, 2010), another Test
Deviation (75 FR 9521, March 3, 2010) was issued to allow VDOT to test
another proposed schedule and to acquire additional data and public
comments.
The Coast Guard received four responses to the SNPRM and the second
temporary deviation, one each by letter and to the Web site at
www.regulations.gov along with two emails, all of which were considered
in the interim rule (77 FR 52599, August 30, 2012).
The VMA, which represents waterborne commerce in the Port of
Hampton Roads, responded in writing with its support of the revised
regulation and its statement that the current operating regulation
incorporates the minimum degree of flexibility that the maritime
industry can accept. VDOT also indicated that the new Berkley Bridge
operating regulation had improved the flow of vehicular traffic while
still meeting the minimum needs of navigation.
VMA, VDOT and two private citizens expressed concerns about
unscheduled openings that caused vehicular traffic congestion. The
unscheduled openings were provided for Government vessels and vessels
with a draft of 18 feet or more that provided at least 6 hours advance
notice and for vessels hauling dangerous cargo.
The Coast Guard reviewed the bridge data supplied by VDOT. The
information indicated that during the deviation test period (from March
10, 2010, to September 3, 2010), that a total of 260 potential bridge
openings for vessels could have been provided Monday through Friday,
except Federal holidays, at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m. The
data showed the bridge only opened 88 times of the 260 potential
openings. The data also revealed that seven bridge openings were
provided just about 15 minutes past the scheduled opening time at 9
a.m., 11 a.m. and 1 p.m. and that the average opening usually lasted 12
minutes; a later opening at 2:30 p.m. would add to the traffic
congestion during the rush hour. However, due to good communication
with the general public by using road signs and broadcasts, there was
only one opening
[[Page 17092]]
that occurred after 2:45 p.m. A majority of those openings were
provided primarily for commercial vessels, with a maximum of four
vessels transiting through a single bridge opening. The subsequent
changes to the operating procedures appear to have reduced vehicular
traffic congestion while still providing for the reasonable needs of
navigation. Based on the information provided, the revised temporary
rule was implemented with no changes to the SNPRM.
Between October 2010 and January 2012, from 9 a.m. and 3 p.m.,
according to data provided by VDOT, the Berkley Bridge averaged
approximately 6,533 vehicles per hour which ranks it among the most
heavily traveled routes in the region (See Table B).
Table B--Average Daily Vehicular Traffic Count
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hourly total Oct 2010 Jan 2011 May 2011 Aug 2011 Jan 2012 Average
--------------------------------------------------------------------------------------------------------------------------------------------------------
9AM-10AM................................................ 6,509 6,230 6,545 6,335 5,956 6,315
10AM-11AM............................................... 6,248 6,074 6,362 6,383 5,898 6,193
11AM-12PM............................................... 6,443 6,008 6,457 6,439 5,927 6,255
12PM-1PM................................................ 6,714 6,583 6,781 6,780 6,283 6,628
1PM-2PM................................................. 6,860 6,345 6,766 6,760 6,249 6,596
2PM-3PM................................................. 7,330 7,133 7,361 7,210 7,032 7,213
Total............................................... 40,103 38,373 40,270 39,906 37,345 39,199
--------------------------------------------------------------------------------------------------------------------------------------------------------
Overall hourly average--6,533.
The temporary regulation schedule provided four bridge lift
opportunities each weekday between 9 a.m. and 3 p.m. This equated to a
maximum of 88 lifts per month (assuming 22 workdays per month). Since
October 2010, there has been an average of only 24 requested lifts per
month--a usage rate of only 27% of capacity (See Table C).
Table C--Bridge Opening Counts
--------------------------------------------------------------------------------------------------------------------------------------------------------
2010 2010 2010 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2012 2012
------------------------------------------------------------------------------------------------------------------------------------- Monthly Total
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb average
--------------------------------------------------------------------------------------------------------------------------------------------------------
30 15 23 28 27 29 23 22 28 20 9 21 19 34 15 23 35 23.6 401
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bridge Opening Average Duration
[In minutes]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2010 2010 2010 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2012 2012
---------------------------------------------------------------------------------------------------------------------------------------------- Monthly
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb average
--------------------------------------------------------------------------------------------------------------------------------------------------------
10.0 9.9 9.7 8.9 9.4 9.1 9.0 8.9 10.2 10.1 9.3 10.0 9.1 9.1 8.7 10.1 12.3 9.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prior to execution of the temporary regulation period, the average
duration of a bridge lift was approximately 15 minutes. Throughout the
same periods, the average duration of bridge lifts has been 9.6
minutes--a reduction of 5.4 minutes per lift.
The temporary closures of two Norfolk-area bridges, forced
increased use of the Berkley Bridge by vehicular traffic. Now with
those bridges completed there is some temporary traffic relief, but
VDOT suggests that the Berkley Bridge and its approaches will still
experience back-ups, delays, and congestion, due to increased traffic
and population growth. The Hampton Roads Planning District Commission
projected a population growth of 31% by 2034. This continued increase
in traffic volume in Norfolk and at the Berkley Bridge is not expected
to decrease in the future. The interim rule draw opening schedule has
helped to decrease the average bridge opening times, and the rule has
led to only 27% of the available opening time being utilized by
mariners. Adopting the interim rule as final will help to mitigate
future adverse impacts caused by the increased traffic congestion.
Assuming no reduction in maritime traffic volume, this reduction in
lift duration has resulted in a significant efficiency increase in the
use of time the bridge is actually opened for vessels and a significant
reduction in delays to vehicular traffic during vessel openings. The
reduction in lift duration combined with the predictability of
scheduled lifts optimally balances the competing demands of both road
and waterway users.
C. Discussion of Comments, Changes, and the Final Rule
The Coast Guard is adopting as final the interim rule (77 FR 52604,
August 30, 2012) without changes, permanently amending the regulations
governing the Berkley Bridge, mile 0.4, at Norfolk, Virginia, at 33 CFR
117.1007, by revising paragraph (b)(2) to read as follows: The draw
shall open on signal at any time for vessels carrying, in bulk, cargoes
regulated by 46 CFR subchapters D or O, or Certain Dangerous Cargoes as
defined in 33 CFR 160.204; For all other vessels, the draw shall open
on signal at any time, except from 5 a.m. to 7 p.m., Monday through
Friday, except Federal holidays. During these times, the draw shall
open for commercial vessels with a draft of 18 feet or more, provided
at least 6 hours notice was given to the Berkley Bridge Traffic Control
room at (757) 494-2490; open on signal at 9 a.m., 11 a.m., 1 p.m. and
2:30 p.m.; and if the bridge is not opened during a particular
scheduled opening and a vessel has made prior arrangements for a
delayed opening, the draw tender may provide a single opening up to 30
minutes past that scheduled opening time for that signaling vessel,
except at 2:30 p.m. The draw tender may provide a single opening up to
20 minutes past the 2:30 p.m. scheduled opening time for a
[[Page 17093]]
signaling vessel that made prior arrangements for a delayed opening. A
vessel may make prior arrangements for a delayed opening by contacting
the Berkley Bridge Traffic Control room at (757) 494-2490.
The Coast Guard believes that this permanent change is necessary to
help reduce current and future vehicular traffic congestion throughout
the day and during rush hour time periods. Results of studies conducted
since the temporary regulation went into effect in September 2010
confirm that scheduled lifts have decreased congestion without
negatively impacting waterway users. Scheduled lifts, according to the
statistics, are currently being utilized well under capacity by the
maritime public. Furthermore, waterway users are accustomed to this
schedule, as it has been in effect since September 2010.
The Coast Guard provided 32 days for comment on the interim rule
and received 545 total comments (533 public e-comments from
www.regulations.gov, 11 phone calls, and one email message). Of the 545
comments, 544 overwhelmingly supported the regulation, and only one
individual wanted the bridge to open on demand. Several of the 544
supporting comments wanted the schedule to be stricter on navigation by
only allowing openings at night, or by lessening the number of openings
during the day, or by adjusting the scheduled opening time by fifteen
minutes to avoid additional rush hour impacts.
There were two comments from known waterway users. The first
commenter, whose business is located along the Eastern Branch of the
Elizabeth River, opined that the interim opening schedule to be a
reasonable compromise and should be retained. The second commenter
stated that all drawbridges should open on-demand due to the excessive
expense put on mariners while waiting hours for a few commuters.
As previously stated, the vast majority of respondents supported
the predictability of scheduled lifts during the day that will
optimally balances the competing demands of both waterway users and the
excessively high numbers of vehicles on the roadway.
D. Regulatory Analyses
We developed this final rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
We reached this conclusion based on the fact that the changes have
only a minimal impact on maritime traffic transiting the bridge.
Mariners can plan their trips in accordance with the scheduled bridge
openings, to minimize delays. This regulation will allow the provisions
of the interim rule to be made permanent.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received 0 comments from the Small Business
Administration on this rule. 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 action will not have a significant economic impact on a
substantial number of small entities because the rule only adds minimal
restrictions to the movement of navigation, in allowing four scheduled
openings during the day. Mariners who plan their transits in accordance
with the scheduled bridge openings can minimize delay. Additionally,
vessels that can pass under the bridge without a bridge opening may do
so at all times. Before the effective period, we will issue maritime
advisories widely available to users of the river.
3. 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. 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 in the FOR FURTHER INFORMATION CONTACT,
above.
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.
4. 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.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``For Further
Information Contact'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 (adjusted for
inflation) 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.
[[Page 17094]]
8. Taking of Private Property
This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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,
eliminate ambiguity, and reduce burden.
10. 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 does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. 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.
12. 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.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, and 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 this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under figure 2-1,
paragraph (32)(e), of the Instruction.
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.
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
For the reasons discussed in the preamble, under the authority of 33
U.S.C. 499; 33 CFR 1.05-1; and Department of Homeland Security
Delegation No. 0170.1, the interim rule amending 33 CFR part 117 that
was published at 77 FR 52604 on August 30, 2012, is adopted without
change as a final rule.
Dated: February 28, 2013.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2013-06428 Filed 3-19-13; 8:45 am]
BILLING CODE 9110-04-P
