[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Rules and Regulations]
[Pages 66005-66006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32885]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-97-009]
RIN 2115-AE47
Drawbirdge Operation Regulations; Pasquotank River, Elizabeth
City, North Carolina
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulations that govern the
operation of the Highway 158 drawbridge across the Pasquotank River,
mile 50.7, at Elizabeth City, North Carolina, by eliminating bridge
openings for pleasure vessels from Monday through Friday between 7 a.m.
and 9 a.m., and 4 p.m. and 6 p.m., except that, openings will be
scheduled at 7:30 and 8:30 a.m., and 4:30 and 5:30 p.m. for any waiting
pleasure vessels. This rule is intended to help relieve automobile
traffic congestion during the morning and afternoon rush hours, while
still providing for the reasonable needs of navigation.
DATES: This final rule is effective January 16, 1998.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the office of the Commander (Aowb), Fifth
Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street,
Portsmouth, Virginia 23704-5004, between 8 a.m. and 4:30 p.m., Monday
through Friday, except Federal holidays. The telephone number is (757)
398-6222.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at
(757) 398-6222.
SUPPLEMENTARY INFORMATION:
Regulatory History
On July 1, 1997, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations;
Pasquotank River, Elizabeth City, North Carolina'' in the Federal
Register (62 FR 35453). The Coast Guard did not receive any comments on
the proposed rulemaking. No public hearing was requested and none was
held.
Background and Purpose
The Highway 158 drawbridge across the Pasquotank River, mile 50.7,
at Elizabeth City, North Carolina is currently required to open on
signal year round. The City of Elizabeth City, through the North
Carolina Department of Transportation (NCDOT), requested permission to
restrict drawbridge openings for pleasure vessels only to reduce
highway traffic congestion during the morning and evening rush hours.
In support of its request, the NCDOT contends that 10 years of records
during the period from 1985 through 1995 show that highway traffic
increases have caused excessive highway congestion.
Prior to publishing the Notice of Proposed Rulemaking the Coast
Guard reviewed the NCDOT highway traffic data during the 10 year period
from 1985 through 1995, and the drawbridge opening logs from January
1995 to December 1995, copies of which are included in the docket for
this rulemaking. This data supports NCDOT's request. According to the
1995 drawbridge logs, 234 openings occurred between 7 a.m. and 9 a.m.
and 235 openings occurred between 4 p.m. and 6 p.m. Thus, the daily
average for the year was 0.6 openings for each of the proposed
restricted periods. Only during the month of May 1995 were there more
than 2.0 openings during the time periods in question. During May 1995,
an average of 2.6 openings occurred between 7 a.m. and 9 a.m. Even
though 2.6 openings is not excessive, NCDOT states that the random
timing of the openings caused highway traffic to backup four to six
blocks. In support of this contention, the NCDOT provided highway
traffic data which shows that highway traffic volumes increased by an
average of between 200 and 300 vehicles during the morning and evening
restricted periods as compared to other daylight hours. Based upon this
data, the Coast Guard believes that 2.0 scheduled openings for
pleasures vessels for each time period is adequate for marine traffic
and should help to reduce highway traffic congestion.
Discussion of Comment and Changes
The Coast Guard received no comments on the proposed rulemaking.
[[Page 66006]]
Therefore, the proposed rule is being implemented without change.
Regulatory Evaluation
This final 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 final 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
Cost Guard must consider whether this final rule will have 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
final rule will not have a significant encomic impact on a substantial
number of small entities.
Collection of Information
This final rule contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Cost Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612, and has determined
that this final rule does not have sufficient federalism implications
to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this final
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
final 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
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
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. The text of Sec. 117.833 is redesignated as paragraph (a) and a
new paragraph (b) is added to read as follows:
Sec. 117.833 Pasquotank River.
(a) * * *
(b) The draw of the US 158 Highway Bridge, mile 50.7, at Elizabeth
City, shall open on signal; except that between 7 a.m. and 9 a.m., and
4 p.m. and 6 p.m., Monday through Friday, the draw need open only at
7:30 a.m., 8:30 a.m., 4:30 p.m., and 5:30 p.m. for any pleasure vessels
waiting to pass.
Dated: December 8, 1997.
Roger Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 97-32885 Filed 12-16-97; 8:45 am]
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