[Federal Register Volume 63, Number 37 (Wednesday, February 25, 1998)]
[Rules and Regulations]
[Pages 9418-9419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4836]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-97-072]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
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 Onslow Beach Swing 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 final rule continues to provide for openings on signal, except
that from 7 a.m. to 7 p.m., the draw will only open on the hour and
half hour, year-round. This rule is intended to reduce vehicular
traffic delays while still providing for the reasonable needs of
navigation.
DATES: This final rule is effective on March 27, 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., through
Friday, except Federal holidays. The telephone number is (757) 398-
6222.
FOR FURTHER INFORMATION CONTACT:
Ann Deaton, Bridge Administrator, Fifth Coast Guard District, (757)
398-6222.
SUPPLEMENTARY INFORMATION:
Regulatory History
On October 16, 1997, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; Atlantic
Intracoastal Waterway, North Carolina'' in the Federal Register (62 FR
53770). The Coast Guard received one letter commenting on the proposed
rulemaking. No public hearing was requested and none was held.
Background and Purpose
The Onslow Beach Swing 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 Swing Bridge to open on signal at all times.
This requirement is included in the general operating regulations at 33
CFR 117.5.
The USMC 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.
Prior to publishing the NPRM, the Coast Guard reviewed the USMC's
bridge logs from October 1993 through July 1997 which revealed an
average of 38 bridge opening requests per day. During peak opening
periods in the Fall and Spring, bridge tenders received an average of
45 bridge opening requests per day. Considering the minimal number of
openings identified by the bridge logs, the Coast Guard believes that
this rule 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 Swing Bridge would make
its schedule consistent with those for the other AICW drawbridges in
North Carolina.
Therefore, the Coast Guard is amending Sec. 117.821 by revising
paragraph (a)(3) to require the Onslow Beach Swing Bridge across the
AICW, mile 240.7, at Camp Lejeune, North Carolina, to open on signal
except that openings will be limited to on the hour and half hour,
between 7 a.m. and 7 p.m.
The final rule also amends Sec. 117.821(a) by deleting the text
stating that the bridge 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 is a general
requirement published at 33 CFR 117.31, which is no longer required in
each specific bridge regulation. Commercial vessels will continue to
pass on signal as provided in new paragraph (a).
To ensure clarity and consistency of the operating regulation,
parts of former paragraph (b) have been reworded and
[[Page 9419]]
redesignated as paragraph (a). The final rule makes no substantive
changes in paragraphs (b)(1)-(6); however minor editorial changes to
the text have been made to clarity the regulation. For clarity and ease
of use to the public, the Coast Guard is republishing the entire
section as amended.
Discussion of Comments and Changes
The Coast Guard received one comment on the NPRM expressing support
for the proposed rule. No adverse comments were received; therefore,
the final 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
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).
This final rule does not restrict vessel navigation, but merely
limits the bridge openings to on the hour and half hour, from 7 a.m. to
7 p.m. Therefore, 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 requirement
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast 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 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. Section 117.821 is revised to read as follows:
Sec. 117.821 Atlantic Intracoastal Waterway, Albermarle Sound to
Sunset Beach.
(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 in this paragraph:
(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 and half 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 Swing Bridge, mile 240.7, at Cap 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 hour on signal between 7 a.m. and 7 p.m., April 1 to November
30, except that on Saturdays, Sundays and Federal holidays, from June 1
through September 30, the bridge shall open on signal on the hour
between 7 a.m. and 9 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: February 13, 1998.
Roger Rufe, Jr.
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-4836 Filed 2-24-98; 8:45 am]
BILLING CODE 4910-14-M
