[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Rules and Regulations]
[Pages 17090-17094]
From the Federal Register Online via the Government Publishing 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
[email protected]. 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