[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Proposed Rules]
[Pages 13393-13395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6031]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-94-118]
Drawbridge Operation Regulations; Atlantic Intracoastal
Waterway--Alternate Route, Elizabeth City, NC
AGENCY: Coast Guard, DOT.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: At the request of the Albemarle and Chesapeake Railroad
Company, the Coast Guard is proposing to change 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, by leaving the draw in the open
position except for the passage of trains. The proposed change to these
regulations are, to the extent practical and feasible, intended to
relieve the bridgeowners of the burden of having a person constantly
available to open the draw bridge while still providing for the
reasonable needs of navigation.
DATES: Comments must be received on or before May 12, 1995.
ADDRESSES: Comments may be mailed to Commander (ob), Fifth Coast Guard
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or may
be delivered to Room 109 at the same address between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(804) 398-6222. Comments will become part of this docket and will be
available for inspection at Room 109, Fifth Coast Guard District.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at
(804) 398-6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD05-94-118) and the specific section of
this proposal of which each comment applies, and give the reason 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 not practical, a second copy of any bound
material is requested. Persons wanting [[Page 13394]] 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 proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Commander (ob) at the address under
ADDRESSES. The request should include reasons why a hearing would be
beneficial. If it determines that the opportunity for oral presentation
will aid this rulemaking, the Coast Guard will hold a public hearing at
a time and place announced by a later notice.
Drafting Information
The principal persons involved in drafting this document are Linda
L. Gilliam, Project Manager, Bridge Section, and LCDR C. Abel, Project
Counsel, Fifth Coast Guard District Legal Office.
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 leave the bridge
in the open position, except when a train is passing over the bridge. A
bridgetender would be available only during the times of train
crossings to close the bridge and, after the train had cleared, to
reopen the bridge to navigation. There would not be a full-time
bridgetender employed at the bridge.
The current regulations require the bridge to remain in the open
position from 3:30 p.m. to 11:30 p.m. At all other times, the draw
opens on signal. The Albemarle and Chesapeake Railroad Company leases
these tracks from Norfolk and Southern Railroad Company. The current
schedule for the railroad bridge was used by Norfolk and Southern
during the time they were operating their trains across the bridge. The
Albemarle and Chesapeake Railroad Company has requested a change to
these regulations.
The Albemarle and Chesapeake Railroad Company originally requested
that the Coast Guard change the current regulations by allowing the
draw to remain closed to navigation Monday through Friday, from 9 a.m.
to 3 p.m., with openings only for emergencies. At all other times, the
bridge would remain in the open position except for the passage of
trains. This request was denied because the proposed hours of bridge
closures were considered too restrictive to recreational and commercial
navigation, since the bridge is located across the busy Atlantic
Intracoastal Waterway--Alternate Route. The Coast Guard also received
strong opposition from the boating community and the City of Elizabeth
City. Coast Guard Auxiliarists provided data reflecting the number of
boats that transit this waterway. In 1992, the number of boaters was
1,971 and in 1993, the number was 1,530, with the heaviest months
occurring from April to October of each year.
As a result of the Coast Guard's denial of their request, the
Albemarle and Chesapeake Railroad Company requested a meeting with the
Coast Guard, Union Camp, the Mayor of Elizabeth City, and local Coast
Guard Auxiliarists to discuss a new operating schedule for the railroad
bridge.
Since the railroad company was not receptive to employing a full-
time bridgetender, all in attendance agreed that the most acceptable
schedule would be to leave the bridge in the open position, except for
the passage of trains. This would eliminate the need for a full-time
bridgetender; however, this proposed schedule would require the
railroad company to employ a part-time bridgetender to operate the
drawspan.
In developing this proposed schedule, the Coast Guard considered
all views, and believes this proposed rule will not unduly restrict
commercial and recreational traffic, since the bridge will be left in
the open position, except for passage of trains.
Regulatory Evaluation
This proposed action 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.
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 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 proposal to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposal, if adopted, will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This proposal 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 proposal under the principals and
criteria contained in Executive Order 12612, and it has determined that
this proposal will not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under section 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination statement and checklist 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 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. 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.
[[Page 13395]] Dated: January 20, 1995.
M.K. Cain,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District,
Acting.
[FR Doc. 95-6031 Filed 3-10-95; 8:45 am]
BILLING CODE 4910-14-M
