[Federal Register Volume 59, Number 172 (Wednesday, September 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21912]


[[Page Unknown]]

[Federal Register: September 7, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD05-94-050]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Sunset Beach, NC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the North Carolina Department of 
Transportation, the Coast Guard is proposing to change the regulations 
that govern the operation of the drawbridge across the Atlantic 
Intracoastal Waterway, mile 337.9, at Sunset Beach, North Carolina. 
This proposal would 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. The proposed changes to these regulations 
are, to the extent practical and feasible, 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.

DATES: Comments must be received on or before November 7, 1994.

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 and 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 (CGD05-94-050) and the specific section of 
this proposal to 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 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 
presentations 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 LT Monica L. Lombardi, 
Project Counsel, Fifth Coast Guard District Legal Office.

Background and Purpose

    The North Carolina Department of Transportation has requested, on 
behalf of the Town of Sunset Beach, North Carolina, that 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 
proposal 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 proposed 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 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 been 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.g.(5) of Commandant 
Instruction M16475.1B, this proposal 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 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. Paragraph (b)(5) of Sec. 117.821 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: August 8, 1994.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 94-21912 Filed 9-6-94; 8:45 am]
BILLING CODE 4910-14-M