[Federal Register Volume 59, Number 189 (Friday, September 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24154]


[[Page Unknown]]

[Federal Register: September 30, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD05-94-046]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Gallants Channel, Beaufort, NC

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule with request for comments.

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SUMMARY: The Coast Guard is changing the regulations governing the U.S. 
70 Bridge across Gallants Channel, mile 0.1, in Beaufort, North 
Carolina, by extending the hours of restricted openings from the 
current 7:30 a.m. to 7:30 p.m. timeframe to the hours of 6 a.m. to 10 
p.m. This rule also further limits the number of openings required 
during the hours of restrictions. From 6 a.m. to 10 p.m., the bridge 
will open three times an hour; once on the hour, once twenty minutes 
past the hour and once forty minutes past the hour for all waiting 
vessels, commercial and recreational. From 10 p.m. to 6 a.m., the 
bridge shall open on signal. This rule is intended to provide for 
regularly scheduled drawbridge openings to reduce motor vehicle traffic 
delays and congestion resulting from bridge openings while still 
providing for the reasonable needs of navigation.

DATES: This rule is effective October 1, 1994. Comments must be 
received on or before December 29, 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 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 or copying at room 109, Fifth Coast Guard 
District.

FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator, 
Fifth Coast Guard District, (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 (CGD05-94-046) and the specific section of 
this rulemaking 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 rulemaking in view of the comments.
    At this time, the Coast Guard plans no public hearing, however, if 
future public interest and new information warrants, a public hearing 
may be held. 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 in the Federal Register.

Drafting Information

    The drafters of this regulation are Bill H. Brazier, Project 
Officer, and LCDR C. Abel, Project Attorney, Fifth Coast Guard 
District.

Regulatory History

    The Coast Guard published a Temporary Deviation from the 
regulations for the Beaufort U.S. 70 drawbridge across Gallant's 
Channel in the Federal Register (59 FR 38567) on July 29, 1994. The 
expiration date of the deviation is September 30, 1994. The purpose of 
the deviation was to evaluate a modification to the current published 
regulation. Comments on the temporary deviation were solicited through 
September 30, 1994. The Coast Guard also published the temporary 
deviation as a public notice (PN 5-834) on July 29, 1994. Comments were 
solicited through September 30, 1994. Two comments have been received.

Background and Purpose

    The Carteret County Chamber of Commerce, through the North Carolina 
Department of Transportation, asked the Coast Guard to change the 
operating regulations governing the Beaufort U.S. 70 highway bridge by 
limiting required bridge openings for commercial boats to one opening 
at the top of each hour, and for recreational boats to one opening at 
the bottom of the hour. To supplement this request, they provide copies 
of bridge logs which showed the bridge opened as many as eight times an 
hour for the passage of vessels during the summer of 1993. The Coast 
Guard also obtained traffic counts from the North Carolina Department 
of Transportation which showed average annual vehicle traffic counts of 
20,000 per day during the same period. The current Federal Regulation 
for this bridge requires that it open every hour on the half hour from 
7:30 a.m. to 7:30 p.m. for the passage of pleasure craft. During these 
same hours, the bridge is required to open on signal for all other 
vessels. From 7:30 p.m. to 7:30 a.m., the bridge opens on signal for 
all vessels. The numerous random openings of the bridge under this 
regulation were causing vehicular traffic delays and traffic safety 
problems. At times, bridge openings backed traffic up through the 
downtown area of Beaufort to the east and west Morehead City across the 
channel. The intent of the requested change was to reduce the number of 
bridge openings and improve the flow of highway traffic.
    The Coast Guard conducted an investigation into the operations of 
the bridge, consulting with the bridge tenders, the Mayor and City 
Council of Beaufort, North Carolina Department of Transportation 
officials and some of the local commercial waterway and highway users. 
The Coast Guard, in response to all comments received during our 
investigation, decided to pursue a more balanced approach than that 
originally requested by establishing a temporary deviation to the 
regulations and evaluating the results of that test schedule to 
determine if it resulted in a reasonable and beneficial compromise for 
both modes of transportation. The Coast Guard conducted the test for a 
sixty day period which provided three scheduled openings per hour for 
all vessels; the first at the top of the hour, the second at twenty 
minutes past the hour, and the third at forty minutes past the hour. 
The temporary deviation also extended the hours of restricted openings 
from the current 7:30 a.m. to 7:30 p.m. timeframe to include the hours 
of 6 a.m. to 10 p.m. This temporary deviation to the existing 
regulation was intended to establish a schedule that will meet the 
reasonable needs of the waterway users and at the same time reduce 
delays to and improve the flow of highway traffic crossing the bridge.
    The Coast Guard anticipated the test would show that the total 
overall number of bridge openings would decrease during the trial 
period as compared to the same period in 1993. Data collected by the 
North Carolina Department of Transportation from August 1, through 
August 19, 1994 showed that under the temporary deviation, the number 
of bridge openings during the hours of restriction was reduced by over 
100 compared to the number of openings during the same dates and hours 
in 1993. North Carolina Department of Transportation traffic officials 
also stated they noted no significant highway traffic backups as a 
result of bridge openings during the test period. Although the Coast 
Guard has not yet received the additional bridge opening and highway 
traffic data collected by the North Carolina Department of 
Transportation during the remainder of the test period, all indications 
are that results will continue to show a reduction in the number of 
bridge openings and on improvement in the flow of highway traffic 
across the bridge. Based on the lack of complaints received during the 
test period, the positive written and verbal comments received on the 
test schedule by concerned interest groups, the demonstrated positive 
results shown through data collected from August 1 through August 19, 
and the unanimous request of all who have contacted the Coast Guard not 
to revert to the previous opening schedule, the Coast Guard believes it 
is in the public interest to continue the opening schedule used during 
the test period without interruption by publishing this interim rule. 
For the reasons above, it would be contrary to the public interest to 
revert to the existing regulation upon expiration of the temporary 
deviation and therefore, good cause exists for publishing this rule 
without prior notice and opportunity for comment, and making it 
effective in less than the 30 days after publication normally required. 
This rule should be effective immediately because it is in the overall 
public interest to do so, and the Coast Guard is not aware of any 
reasons not to.

Discussion of Comments

    The Coast Guard received two written comments in response to our 
public notice concerning the temporary deviation to the regulations for 
the Gallant's Channel drawbridge. Both comments were from Beaufort City 
Officials (the Mayor and the Town Administrator). Both comments were 
favorable and expressed the belief that the temporary deviation had 
improved the flow of highway traffic across the bridge and reduced 
highway traffic delays previously attributable to frequent, unscheduled 
openings of the bridge. Verbal comments received by the Coast Guard 
from State Highway Officials, bridgetenders, a local county chamber of 
commerce and a representative of the commercial marine industry all 
indicated the 60-day temporary deviation had improved the flow of 
highway traffic across the bridge and had a generally favorable effect 
on the Town of Beaufort. They also expressed the strong opinion that 
reverting to the existing published regulation upon expiration of the 
temporary deviation would have a detrimental effect on the flow of 
highway traffic across the bridge and would be extremely confusing to 
both motorists and boaters.

Regulatory Evaluation

    This proposal is a 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 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 
U.S. Coast Guard must consider the economic impact on small entities of 
a rule for which a general notice of proposed rulemaking is required. 
``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 rule does not require a general 
notice of proposed rulemaking and, therefore, is exempt from the 
regulatory flexibility requirements. Although exempt, the Coast Guard 
has reviewed this rule for potential impact on small entities.
    Because it expects the impact of this rule to be minimal, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities. 
If, however, you think that your business qualifies as a small entity 
and that this rule will have a significant economic impact on your 
business, please submit a comment (See ADDRESSES) explaining why you 
think your business qualifies and in what way and to what degree this 
rule will economically affect your business.

Collection of Information

    This rule contains no collection of information requirements under 
the paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Assessment

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the proposed rulemaking does 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 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 117.822 is revised to read as follows:


Sec. 117.822  Beaufort Channel, NC.

    From 6 a.m. to 10 p.m., the draw shall open on signal for all 
vessels waiting to pass every hour on the hour, twenty minutes past the 
hour and forty minutes past the hour. From 10 p.m. to 6 a.m., the 
bridge shall open on signal.

    Dated: September 23, 1994.
M.K. Cain,
Acting Captain, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 94-24154 Filed 9-29-94; 8:45 am]
BILLING CODE 4910-14-M