[Federal Register Volume 63, Number 175 (Thursday, September 10, 1998)]
[Proposed Rules]
[Pages 48453-48455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24289]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-98-069]
RIN 2115-AE47
Drawbridge Operation Regulations; Perquimans River, Hertford,
North Carolina
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulations that govern
the operation of the drawbridge across Perquimans River, mile 12.0, in
Hertford, North Carolina, by decreasing its hours of operation during
specific times of inactivity. This proposed rule is intended to lessen
the high cost of manning the drawbridge 24 hours a day while still
providing for the reasonable needs of navigation.
DATES: Comments must be received on or before November 9, 1998.
ADDRESSES: Comments may be mailed to Commander (Aowb), Fifth Coast
Guard District, 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 a part of this docket and will be available for inspection and
copying at the above address.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at
(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, identify this rulemaking (CGD05-98-069), the specific
section of this 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
[[Page 48454]]
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 proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public
hearing by writing to the Commander, (Aowb) Fifth Coast Guard District,
at 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 current regulations at 33 CFR 117.835 require the U.S. Route 17
drawbridge across the Perquimans River, mile 12.0, in Hertford, North
Carolina to operate as follows: The draw shall open on signal from 8
a.m. to midnight from April 1 through September 30, and from 10 a.m. to
10 p.m. from October 1 through March 31. The draw need not be opened at
all other times. The Town of Hertford, through the North Carolina
Department of Transportation (NCDOT), has requested permission to
decrease the number of hours the bridge is attended. In support of its
request, NCDOT asserts that 3 years of drawbridge opening logs (from
1995 through 1997) show that marine vessel traffic significantly
decreased during April and at night from 10 p.m. to midnight throughout
the year.
The Coast Guard has reviewed these logs (copies of which are
included in the docket for this rulemaking) and they appear to support
NCDOT's request. According to the January 1995 to December 1997
drawbridge logs, 233 openings occurred, which is a decrease from the
previous three years (1992-94), when there were 370 openings.
The decrease in the overall number of openings plus the decrease in
openings during the registered time periods indicate that it would be
advantageous to change the drawbridge operating regulations. Based on
this data, the Coast Guard believes that closure during the proposed
time periods would not overburden marine traffic while lessening the
high cost of manning the bridge 24 hours per day. This proposed rule is
intended to decrease the high cost of manning the drawbridge while
still providing for the reasonable needs of navigation.
Discussion of Proposed Rule
The Coast Guard is proposing a new regulation governing the
operation of this drawbridge. The proposed rule would require the draw
to operate as follows:
During May through September, the draw would open on
signal from 8 a.m. to 10 p.m., seven days a week.
During April and October, the draw would open on signal
from 8 a.m. to 10 p.m., Saturdays and Sundays.
During March and November, the draw would open on signal
from 10 a.m. to 10 p.m., Saturdays and Sundays.
During December, January, and February, twenty-four hours
advance notice would be required for openings.
At all other times, the draw would not be required to
open.
The drawbridge would continue to be required to operate in
compliance with 33 CFR 117.31(b), Operation of draw for emergency
situations, and 33 CFR 117.55, Posting of requirements.
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 believes that
closure during the proposed time periods would not overburden marine
traffic due to the lack of use during these periods. Therefore, the
Coast Guard expects the economic impact of this proposed 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. 601-612), the Coast
Guard must consider whether this proposed 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 proposed rule 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. 3501-3520).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612, and has determined that
this proposed 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
proposal and concluded that under Figure 2-1, paragraph (32)(e) of
COMDTINST M16475.1C, this proposed rule is categorically excluded from
further environmental documentation based on the fact that it is a
promulgation of the operating regulations for a drawbridge. 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 117.835 is revised to read as follows:
Sec. 117.835 Perquimans River.
The draw of the US17 Bridge over Perquimans River, mile 12.0, in
Hertford, North Carolina shall operate as follows:
(a) During May through September, the draw shall open on signal
from 8 a.m. to 10 p.m., seven days a week.
(b) During April and October, the draw shall open on signal from 8
a.m. to 10 p.m., Saturdays and Sundays.
(c) During March and November, the draw shall open on signal from
10 a.m. to 10 p.m., Saturdays and Sundays.
[[Page 48455]]
(d) During December, January, and February, twenty-four hours
advance notice is required for openings.
(e) The draw need not be opened at all other times.
Dated: September 1, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-24289 Filed 9-9-98; 8:45 am]
BILLING CODE 4910-15-M
