[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Rules and Regulations]
[Pages 20428-20429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10232]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGDO5-94-076]


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing 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 is intended to reduce the amount of bridge openings to 
relieve the increased volume of vehicular traffic crossing this bridge, 
while still providing for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective on May 26, 1995.

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

SUPPLEMENTARY INFORMATION:

Draft 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.

Regulatory History

    On November 8, 1994, the Coast Guard published a Notice of Proposed 
Rulemaking entitled Atlantic Intracoastal Waterway, Scotts Hill, North 
Carolina, in the Federal Register (59 FR 55601). The commend period 
ended January 9, 1995. The Coast Guard did not receive any comments on 
the Notice of Proposed Rulemaking. On January 13, 1995, the Coast Guard 
issued Public Notice 5-845 requesting comments on the Notice of 
Proposed Rulemaking. The comment period ended February 13, 1995. No 
comments were received. A public hearing was not requested and one was 
not held.

Background and Purpose

    The Figure Eight Beach Homeowners Association, Inc. has requested 
that openings of the Figure Eight swingbridge mile 278, Atlantic 
Intracoastal Waterway, be restricted for recreational vessels to every 
half hour due to the increase in vehicular traffic across the bridge. 
Currently, this bridge opens on signal at all times. The Coast Guard 
has decided to reduce the required bridge openings for recreational 
vessels from ``on demand'' to openings on the hour and half hour, as 
needed. The bridge will continue to open on signal at all other times 
for all other vessels. The Coast Guard believes that recreational 
vessels will not be unduly restricted in passage through the bridge, 
since they can plan their vessel transits around the hour and half 
opening restriction.

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 
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 
final 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 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 final rule under the principles 
and criteria contained in Executive Order 12612, and has determined 
that this final 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 final 
rule and concluded that under section 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B (as revised by 59 FR 38654; July 29, 1994), this 
rule is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination and checklist 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); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. In Sec. 117.821, paragraphs (b) (4) and (5) are redesignated as 
(b) (5) and (6) respectively, and new paragraph (b)(4) is added to read 
as follows: [[Page 20429]] 


Sec. 117.821  Atlantic Intracoastal Waterway, Albermarle 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: April 14, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 95-10232 Filed 4-25-95; 8:45 am]
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