[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Rules and Regulations]
[Pages 40097-40098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19346]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD05-94-118]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal
Waterway--Alternate Route, Elizabeth City, NC
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of the Albemarle and Chesapeake Railroad
Company, the Coast Guard is changing the regulations that govern the
operation of the drawbridge across the Pasquotank River, Atlantic
Intracoastal Waterway--Alternate Route, mile 47.7, at Elizabeth City,
North Carolina, to allow leaving the draw in the open position except
for the passage of trains. This change to these regulations is, to the
extent practical and feasible, intended to relieve the bridgeowners of
the burden of having a person constantly available to open the draw
while still providing for the reasonable needs of navigation.
EFFECTIVE DATE: This rule is effective on September 6, 1995.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at
(804) 398-6222.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Linda
L. Gilliam, Project Manager, Bridge Section, and CAPT R.A. Knee,
Project Counsel, Fifth Coast Guard District Legal Office.
Regulatory History
On March 13, 1995, the Coast Guard published a Notice of Proposed
Rulemaking entitled Atlantic Intracoastal Waterway--Alternate Route,
Elizabeth City, North Carolina, in the Federal Register (60 FR 13393).
The comment period ended May 12, 1995. The Coast Guard received one
comment on the Notice of Proposed Rulemaking objecting to the Coast
Guard's proposed change to the regulations. The one objector stated
that the proposed change at first glance sounded reasonable, but after
further review, felt the city and the boating community should pay for
the privilege of increased waterway accessibility just as the Albemarle
and Chesapeake Railroad Company must pay for the usage of the tracks
and the services of a bridgetender. The Coast Guard is without
authority to assess such fees and the suggestion is inconsistent with
burden placed on owners and operators of drawbridges by 33 U.S.C. 499.
On April 5, 1995, the Coast Guard issued Public Notice 5-851 requesting
comments on the Notice of Proposed Rulemaking. The comment period ended
May 12, 1995. One comment was received on the Public Notice in favor of
the Coast Guard's proposed change to the regulations. A public hearing
was not requested and one was not held.
Background and Purpose
The Albemarle and Chesapeake Railroad Company has requested that
the regulations governing the operation of the drawbridge across the
Pasquotank River, Atlantic Intracoastal Waterway--Alternate Route, mile
47.7, at Elizabeth City, North Carolina, be changed to allow leaving
the bridge in the open position, except when a train is passing over it
and for maintenance. A bridgetender would be available only during the
times of train crossings to close the bridge and, after the train had
cleared or completion of any maintenance work, to reopen the bridge to
navigation. There would not be a full-time bridgetender employed at the
bridge.
Currently, the bridge remains in the open position from 3:30 p.m.
to 11:30 p.m. At all other times, the draw opens on signal. This final
rule will require the bridge to be maintained in the open position
except for passage of trains and, when necessary, during maintenance
work. A bridgetender will be available to reopen the bridge after
trains have cleared the bridge and after completion of any maintenance
work.
In developing this schedule, the Coast Guard considered all views,
and believes this final rule will not unduly restrict commercial and
recreational traffic, since the bridge will be left in the open
position, except for the passage of trains.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040,
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this final rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify as ``small business concerns'' under section 3 of the Small
Business Act (15 U.S.C. 632). Because it expects the impact of this
rule to be minimal, 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.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principals and
criteria contained in Executive Order 12612, and it has determined that
this rule will not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under section 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this
rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination statement and
checklist have been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
[[Page 40098]]
Final Regulations
In consideration of the foregoing, the Coast Guard is amending part
117 of Title 33, Code of Federal Regulations to read as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); Section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.833 is revised to read as follows:
Sec. 117.833 Pasquotank River.
The draw of the Albemarle & Chesapeake railroad bridge, mile 47.7,
at Elizabeth City, North Carolina, shall be maintained in the open
position; the draw may close only for the crossing of trains and
maintenance of the bridge. When the draw is closed, a bridgetender
shall be present to reopen the draw after the train has cleared the
bridge.
Dated: July 12, 1995.
N.V. Scurria, Jr.,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District
Acting.
[FR Doc. 95-19346 Filed 8-4-95; 8:45 am]
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