[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32225]


[[Page Unknown]]

[Federal Register: December 30, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-94-050]
RIN 2115-AE47

 

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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the North Carolina Department of 
Transportation, the Coast Guard is changing the regulations that govern 
the operation of the drawbridge across the Atlantic Intracoastal 
Waterway, mile 337.9, at Sunset Beach, North Carolina. This rule will 
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. This rule is 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.

EFFECTIVE DATE: This rule is effective on January 30, 1995.

FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator, 
Fifth Coast Guard District, at (804) 398-6222.

SUPPLEMENTARY INFORMATION: .

    Drafting information: The principal persons involved in drafting 
this document are Linda L. Gilliam, Project Manager, Bridge Section, 
and LCDR C.A. Abel, Project Counsel, Fifth Coast Guard District 
Legal Office.

Regulatory History

    On September 7, 1994, the Coast Guard published a notice of 
proposed rulemaking entitled Atlantic Intracoastal Waterway, Sunset 
Beach, North Carolina, in the Federal Register (59 FR 46209). The 
comment period ended November 7, 1994. The Coast Guard received no 
comments on the proposal. The Commander, Fifth Coast Guard District, 
also published the proposed rule as a public notice on October 14, 
1994, with the comment period ending November 17, 1994, and no comments 
were received as a result of this notice. A public hearing was not 
requested and one was not held.

Background and Purpose

    The North Carolina Department of Transportation has requested, on 
behalf of the Town of Sunset Beach, North Carolina, that openings of 
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 rule 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 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 final 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 expects the 
economic impact of this final 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 
Coast Guard must consider whether this final 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 
rule to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this final rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This final rule 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 rule under the principals and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule will 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 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. In Section 117.821 paragraph (b)(5) 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: December 12, 1994.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 94-32225 Filed 12-29-94; 8:45 am]
BILLING CODE 4910-14-M