[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32225]
[[Page Unknown]]
[Federal Register: December 30, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-94-050]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Sunset Beach, NC
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of the North Carolina Department of
Transportation, the Coast Guard is changing the regulations that govern
the operation of the drawbridge across the Atlantic Intracoastal
Waterway, mile 337.9, at Sunset Beach, North Carolina. This rule will
restrict bridge openings in the month of November to help reduce
highway traffic congestion problems, public safety, and welfare
concerns associated with frequent bridge openings caused by
recreational boat traffic. This rule is intended to provide for
regularly scheduled drawbridge openings to help reduce motor vehicle
traffic delays and congestion on the roads and highways linked by this
drawbridge.
EFFECTIVE DATE: This rule is effective on January 30, 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 LCDR C.A. Abel, Project Counsel, Fifth Coast Guard District
Legal Office.
Regulatory History
On September 7, 1994, the Coast Guard published a notice of
proposed rulemaking entitled Atlantic Intracoastal Waterway, Sunset
Beach, North Carolina, in the Federal Register (59 FR 46209). The
comment period ended November 7, 1994. The Coast Guard received no
comments on the proposal. The Commander, Fifth Coast Guard District,
also published the proposed rule as a public notice on October 14,
1994, with the comment period ending November 17, 1994, and no comments
were received as a result of this notice. A public hearing was not
requested and one was not held.
Background and Purpose
The North Carolina Department of Transportation has requested, on
behalf of the Town of Sunset Beach, North Carolina, that openings of
the drawbridge across the Atlantic Intracoastal Waterway, mile 337.9,
at Sunset Beach, North Carolina, be further restricted through the
month of November. This would help to reduce highway traffic congestion
problems, public safety, and welfare concerns associated with frequent
bridge openings caused by recreational boat traffic. Currently, the
drawbridge opens on the hour from 7 a.m. to 7 p.m. for pleasure vessels
from April 1 to October 31. It opens on signal at any time for vessels
of the United States, State and local government vessels, commercial
vessels, and any vessel in an emergency involving danger to life or
property. This rule extends this schedule to November 30 with
drawbridge openings occurring on the hour from 7 a.m. to 7 p.m.
The North Carolina Department of Transportation conducted a study
of the drawlogs for this drawbridge for the month of November and it
revealed that the drawbridge opened 558 times in 1992 and 571 times in
1993. These openings exceeded the openings for every other month during
the same years. Based on this information, the Coast Guard believes
these regulations will permit an orderly flow of recreational vessel
traffic through the draw. This should not unduly restrict recreational
vessel passage through the bridge, since they can plan their vessel
transits around the hourly restriction.
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
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 final rule will not have a significant economic 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 Coast Guard has analyzed this rule under the principals and
criteria contained in Executive Order 12612, and it has been 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, this 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 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).
2. In Section 117.821 paragraph (b)(5) is revised to read as
follows:
Sec. 117.821 Atlantic Intracoastal Waterway, Albemarle Sound to Sunset
Beach.
* * * * *
(b) * * *
(5) NC 50 bridge, mile 337.9, at Sunset Beach, NC from April 1 to
November 30, between 7 a.m. and 7 p.m., must open if signaled on the
hour.
* * * * *
Dated: December 12, 1994.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 94-32225 Filed 12-29-94; 8:45 am]
BILLING CODE 4910-14-M
