[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31434-31435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15680]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD5-95-084]
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, by extending the 
hours on weekends and holidays during the summer months during which 
the bridge may open only on the hour. This rule is intended to provide 
regularly scheduled drawbridge openings to help reduce motor vehicle 
traffic delays and congestion on the roads and highways linked by this 
drawbridge while providing for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective on July 22, 1996.
FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator, 
Fifth Coast Guard District, at (804) 398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On January 23, 1996, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; Atlantic 
Intracoastal Waterway, Sunset Beach, North Carolina'' in the Federal 
Register (61 FR 1725). In addition to publishing the NPRM, the Coast 
Guard also announced the proposed changes in Public Notice 5-881. The 
comment period ended March 8, 1996. One comment was received. A public 
hearing was not requested and one was not held.

Background and Purpose

    The Sunset Beach drawbridge crosses the Atlantic Intracoastal 
Waterway at mile 337.9. The proposed changes were requested by the 
North Carolina Department of Transportation on behalf of the Town of 
Sunset Beach in order to alleviate delays to vehicle traffic caused by 
opening of the draw for passage of recreational vessels after 7 p.m. on 
the weekends and holidays.

Discussion of Comments and Changes

    The NPRM proposed changes to 33 CFR 117.821(b)(6), regulations 
governing operation of a drawbridge across the Atlantic Intrascoastal 
Waterway at Sunset Beach, North Carolina. The proposed changes include 
extending the hours on weekends and holidays to include 7 p.m. to 9 
p.m. during the summer months when the bridge may open only on the 
hour.
    One comment was received on the proposed change to 33 CFR 
117.821(b)(6) from a recreational boater opposing the extension of the 
hourly openings during the weekends and holidays. The recreational 
boater stated that extending the hourly openings was an unreasonable 
burden to pleasure boaters and was particularly bad for those who are 
out on the water returning late in the day. He also stated that the 
present hourly openings of the bridge during weekends was an 
unreasonable burden to pleasure boats, and that North Carolina should 
consider increasing the number of openings for all its regulated 
bridges. The Coast Guard does not agree. All presently regulated 
bridges in North Carolina crossing the Atlantic Intracoastal Waterway 
have schedules which take into consideration the highway traffic 
volumes at those particular locations, keeping in mind the steady flow 
of vessel traffic on this waterway during the summer months. With 
respect to Sunset Beach, the North Carolina Department of 
Transportation has advised the Coast Guard that maintaining the 
existing hourly opening restrictions and extending them by hours in the 
evenings on the weekends and Federal holidays is critical in order to 
avoid severe traffic congestion to and from the island. Vehicular 
traffic is at its highest peak on the island during the summer season, 
and, in particular, on weekends and holidays. This increase in 
vehicular traffic is due to vacationers and residents of surrounding 
communities coming to Sunset Beach to enjoy the ocean and beaches. 
Those from the surrounding communities usually do not leave the island 
until sunset which extends the evening hours that SR 1172 is congested 
with cars. The increase in traffic also places a strain on the local 
streets in the Town of Sunset Beach. The need to free up traffic 
congestion coming from the island supports the request to extend hourly 
openings on weekends and holidays. Recreational boaters can plan their 
transits around the hourly schedule, as they do now. After 9 p.m., the 
drawbridge will revert back to opening on demand, so boasters may plan 
to

[[Page 31435]]

come and go as early or late as they desire, with minimal delays. The 
purpose of the proposed change is to establish a schedule that balances 
the reasonable needs of waterway and vehicular traffic. The Coast Guard 
believes this schedule will help alleviate seasonal highway traffic 
congestion on weekends and holidays at this bridge without placing any 
undue hardship on waterway users since the change is minimal.
    This final rule adopts the changes proposed in the NPRM. It extends 
the hourly opening of the drawbridge from 7 p.m. to 9 p.m. on 
Saturdays, Sundays, and Federal holidays from June 1 to September 30. 
The draw will continue to open on signal for commercial vessels. It 
will also continue to open on signal for passage of vessels in 
emergencies involving danger to life or property. The Coast Guard 
believes this final rule will not unduly restrict navigation by 
pleasure vessels, which may plan their transits to coincide with 
scheduled hourly openings.

Regulatory Evaluation

    This 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)(1)(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 
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 rule will not have a significant economic impact on a 
substantial number of small entities.

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

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule will not have sufficient federalism implications to 
warrant 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 (as amended, 59 FR 38654, July 29, 1994), this 
rule is categorically excluded from further environmental 
documentation.

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, paragraph (b)(6) is revised to read as follows:


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

* * * * *
    (b) * * *
    (6) S.R. 1172 bridge, mile 337.9, at Sunset Beach, NC, shall open 
on the hour on signal between 7 a.m. and 7 p.m., April 1 through 
November 30, except that on Saturdays, Sundays and Federal holidays, 
from June 1 through September 30, the bridge shall open on signal on 
the hour between 7 a.m. and 9 p.m.
* * * * *
    Dated: May 15, 1996.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 96-15680 Filed 6-19-96; 8:45 am]
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