[Federal Register Volume 62, Number 200 (Thursday, October 16, 1997)]
[Proposed Rules]
[Pages 53770-53772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27359]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-97-072]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal
Waterways, NC
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to change the regulations
governing the operation of the Onslow Beach Bridge across the Atlantic
Intracoastal Waterway (AICW), mile 240.7, at Camp Lejeune, North
Carolina, at the request of the United States Marine Corps (USMC).
The proposal would continue to provide for openings on signal,
except that from 7 a.m. to 7 p.m., the draw would only open on the hour
and half hour, year-round. This change in the bridge opening schedule
is intended to reduce vehicular traffic delays while still providing
for the reasonable needs of navigation.
DATES: Comments must be received on or before December 15, 1997.
ADDRESSES: Comments may be mailed to Commander (Aowb), USCG Atlantic
Area, Federal Building, 4th Floor, 431 Crawford Street, Portsmouth,
Virginia 23704-5004, or may be hand-delivered to the same address
between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal
holidays. The telephone number is (757) 398-6222. Comments will become
part of this docket and will be available for inspection and copying at
the above address.
FOR FURTHER INFORMATION CONTACT:
Ann Deaton, Bridge Administrator, USCG Atlantic Area, (757) 398-6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written views, comments, data, or
arguments. Persons submitting comments should include their names and
addresses and should identify this rulemaking (CGD05-97-072).
Commenters should identify the specific section of this proposed rule
to which each comment applies, and give reasons for each comment. The
Coast Guard requests that all comments and attachments be submitted in
an unbound format suitable for copying and electronic filing. If that
is not practical, a second copy of any bound material is requested.
Persons wanting acknowledgment of receipt of comments should enclose a
stamped, self-addressed postcard or envelope. The Coast Guard will
consider all comments received during the comment period. It may change
this proposed rule in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the address listed under ADDRESSES. The
request should include reasons why a hearing would be beneficial. If it
determines that the opportunity for oral presentations will aid this
rulemaking, the Coast Guard will hold a public hearing at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
The Onslow Beach Bridge and adjoining property are part of the
Marine Corps Base at Camp Lejeune military reservation, located
adjacent to Jacksonville, North Carolina. The current regulations
require the Onslow Beach Bridge to open on signal at all times. This
requirement is included in the general operating regulations in 33 CFR
117.5.
The USMC has requested changes in the regulation to require the
bridge to open on signal, except from 7 a.m. to 7 p.m., when the bridge
would open on the hour and half hour year-round. Bridge logs from
October 1993 through July 1997 revealed on average of 38 bridge opening
requests per day. During
[[Page 53771]]
peak opening periods in the Fall and Spring, bridge tenders received an
average of 45 bridge opening request per day. Considering the minimal
number of openings identified by the bridge logs, the Coast Guard
believes that the proposed changes will more fairly balance the
competing needs of vehicular and vessel traffic.
Other drawbridges along the AICW in North Carolina are governed by
specific regulations listed in 33 CFR 117.821 which require them to
open on the hour or on the hour and half hour. The USMC's requested
change to the regulations for the Onslow Beach Bridge would make its
schedule consistently with those of the other AICW drawbridges.
Discussion of Proposed Amendments
The Coast Guard proposes to amend the regulations governing the
Onslow Beach Bridge across the AICW, mile 240.7, at Camp Lejeune, North
Carolina, to allow openings on the hour and half hour, between 7 a.m.
to 7 p.m., year-round. The Coast Guard proposes to insert this new
regulation at 33 CFR 117.821(a)(3).
The Coast Guard intends to remove the current text at 33 CFR
117.821(a) which states that drawbridges shall open on signal for
public vessels of the United States, state and local government
vessels, and any vessel in an emergency involving danger to life or
property. This general requirement is currently published in 33 CFR
117.31 and is no longer required to be published in each specific
bridge regulation. Commercial vessels would continue to pass on signal
as provided in new paragraph (a). To ensure clarity and consistency of
the operating regulation, the regulatory requirements for the current
33 CFR 117.821(b) would be reworded and redesignated paragraph (a).
Although no substantive changes are proposed to current 117.821(b)(1)-
(6), additional text changes would be made to clarify the existing
regulations.
Finally, the Coast Guard proposes to revise 33 CFR 117.821 by
redesignating the following paragraphs: Paragraph (b)(1) governing the
S.R. 94 Bridge, at AICW mile 113.7, would be redesignated (a)(1);
Paragraph (b)(2) governing the S.R. 304 Bridge, at AICW mile 157.2,
would be redesignated (a)(2); Paragraph (b)(3) governing the S.R. 50
Bridge, at AICW mile 260.7, would be redesignated (a)(4); Paragraph
(b)(4) governing the Figure Eight Swing Bridge, at AICW mile 278.1,
would be redesignated (a)(5); Paragraph (b)(5) governing the S.R. 74
Bridge, at AICW mile 283.1, would be redesignated (a)(6); Paragraph
(b)(6) governing the S.R. 1172 Bridge, at AICW mile 337.9, would be
redesignated (a)(7); and paragraph (c) would be redesignated (b).
Regulatory Evaluation
This proposed 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 proposal to be so minimal that a full
Regulatory Evaluation, under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary. The Coast Guard reached this
conclusion based on the fact that the changes and actions proposed by
this rule would not prevent mariners from transiting the bridge. The
proposed rule would merely require pleasure vessels to plan to be in
position to take advantage of scheduled bridge openings between 7 a.m.
to 7 p.m. At all other times, the bridge would continue to open on
signal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small entities
``Small entities'' include small independently owned and operated
businesses which are not dominant in their fields 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
proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b)
that this proposed rule, if adopted, will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This proposal does not provide for the collection of information
requirements under the Paper Reduction Act (44 U.S.C. 301 et seq.).
Federalism
The Coast Guard has analyzed this proposed rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this proposed rule will not have sufficient federalism
implications to warrant preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposed 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 proposed rule is categorically excluded from further
environmental documentation. A Categorical Exclusion Determination
statement has been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend part 117 of Title 33, Code of Federal Regulations 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 117.821 is revised to read as follows:
Sec. 117.821 Atlantic Intracoastal Waterway, Albermarle Sound to
Sunset Beach, North Carolina.
(a) The drawbridges across the Atlantic Intracoastal Waterway in
North Carolina shall open on signal for commercial vessels at all times
and on signal for pleasure vessels, except at the times and during the
periods specified below.
(1) S.H. 94 Bridge, mile 113.7, at Fairfield, NC, from April 1 to
November 30, between 7 a.m. and 7 p.m., the draw need only open on the
hour.
(2) S.R. 304 Bridge, mile 157.2, at Hobucken, NC, from April 1 to
November 30, between 7 a.m. and 7 p.m., the draw need only open on the
hour and half hour.
(3) Onslow Beach Bridge, mile 240.7, at Camp Lejeune, NC between 7
a.m. and 7 p.m., the draw need only open on the hour and half hour.
(4) S.R. 50 Bridge, mile 260.7, at Surf City, NC, between 7 a.m.
and 7 p.m. the draw need only open on the hour.
(5) Figure Eight Swing Bridge, mile 278.1, at Scotts Hill, NC, the
draw need only open on the hour and half hour.
(6) S.R. 74 Bridge, mile 283.1, at Wrightsville Beach, NC ,between
7 a.m. and 7 p.m. the draw need only open on the hour.
(7) S.R. 1172 Bridge, mile 337.9, at Sunset Beach, NC, shall open
on the
[[Page 53772]]
hour on signal between 7 a.m. and 7 p.m., April 1 to November 30,
except that on Saturdays, Sundays and Federal holidays, form June 1
through September 30, the bridge shall open on signal on the hour
between 7 a.m. and 7 p.m.
(b) If a pleasure vessel is approaching a drawbridge which is only
required to open on the hour or on the hour and half hour, and cannot
reach the drawbridge on the hour or on the half hour, the drawtender
may delay the required opening up to 10 minutes past the hour or half
hour.
Dated: October 1, 1997.
Roger Rufe Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 97-27359 Filed 10-15-97; 8:45 am]
BILLING CODE 4910-14-M
