[Federal Register Volume 59, Number 215 (Tuesday, November 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27671]


[[Page Unknown]]

[Federal Register: November 8, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD05-94-076]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Scotts Hill, NC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is considering a change to the regulations 
that govern the operation of the Figure Eight Island swingbridge, 
across the Atlantic Intracoastal Waterway, mile 278.1, located in 
Scotts Hill, North Carolina, by restricting recreational vessels to 
bridge openings every half hour. This change is being considered due to 
the increased volume of vehicular traffic crossing this bridge. The 
proposed changes to these regulations are, to the extent practicable 
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, while still providing 
for the reasonable needs of navigation.

DATES: Comments must be received on or before January 9, 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 (CGD05-94-076) 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 in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are Bill 
H. Brazier, Project Officer, and LCDR C. A. Abel, Project Attorney, 
Fifth Coast Guard District.

Background and Purpose

    The Figure Eight Beach Homeowners Association, Inc. has requested 
that openings of the swingbridge across the Atlantic Intracoastal 
Waterway, mile 278.1, located in Scotts Hill, North Carolina, be 
restricted for recreational vessels due to the increase in vehicular 
traffic. Currently, this bridge opens on signal at all times. The Coast 
Guard is proposing to reduce the required bridge openings for 
recreational vessels from ``on demand'' to every half hour. The bridge 
will continue to open on signal at all other times for all other 
vessels.

Regulatory Evaluation

    This proposal 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 principles and 
criteria contained in Executive Order 12612, and has determined that 
this proposal 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 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 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. In Section 117.821, paragraph (b)(4) and (5) are redesignated as 
(b)(5) and (6) respectively and new paragraph (b)(4) is added to read 
as follows:


Sec. 117.821  Atlantic Intracoastal Waterway, Albemarle Sound to Sunset 
Beach.

* * * * *
    (b) * * *
    (4) Figure Eight Swing Bridge, mile 278.1, at Scotts Hill, NC, must 
open if signaled on the hour and half hour.
* * * * *
    Dated: October 18, 1994.
M.K. Cain,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 94-27671 Filed 11-7-94; 8:45 am]
BILLING CODE 4910-14-M