[Federal Register Volume 62, Number 126 (Tuesday, July 1, 1997)]
[Proposed Rules]
[Pages 35453-35454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17072]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-009]
RIN 2115-AE47


Drawbridge Operation Regulations; Pasquotank River, Elizabeth 
City, North Carolina

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the North Carolina Department of 
Transportation, the Coast Guard is proposing to change the regulations 
that govern the operation of the Highway 158 drawbridge across the 
Pasquotank River, mile 50.7, at Elizabeth City, North Carolina, by 
eliminating bridge openings for pleasure vessels from Monday through 
Friday between 7 a.m. and 9 a.m., and 4 p.m. and 6 p.m., except that, 
openings would be scheduled at 7:30 and 8:30 a.m., and 4:30 and 5:30 
p.m. for any waiting pleasure vessels. This proposed rule is intended 
to help relieve automobile traffic congestion during the morning and 
afternoon rush hours, while still providing for the reasonable needs of 
navigation.

DATES: Comments must be received on or before September 2, 1997.

ADDRESSES: Comments may be mailed to Commander (Aowb), USCG Atlantic 
Area, Federal Building, 4th Floor, 431 Crawford Street, Portsmouth, 
Virginia 23704-5004, or may be hand-delivered to the same address 
between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal 
holidays. The telephone number is (757) 398-6222. Comments will become 
a part of this docket and will be available for inspection and copying 
at the above address.

FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator, 
USCG Atlantic Area, at (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, comments, data, or 
arguments. Persons submitting comments should include their names and 
addresses, identify this rulemaking (CGD05-97-009), the specific 
section of this rule to which each comment applies, and give reasons 
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 that is 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, USCG Atlantic Area, at the 
address listed 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 
Terrance Knowles, Project Manager, Bridge Administration Section, and 
LT Robert L. Wegman, Project Counsel, USCG Maintenance and Logistics 
Command Atlantic Legal Division.

Background and Purpose

    The Highway 158 drawbridge across the Pasquotank River, mile 50.7, 
at Elizabeth City, North Carolina is currently required to open on 
signal year round. The City of Elizabeth City, through the North 
Carolina Department of Transportation (NCDOT), has requested permission 
to restrict drawbridge openings for pleasure vessels only to reduce 
highway traffic congestion during the morning and evening rush hours. 
In support of its request, the NCDOT contends that 10 years of records 
during the period from 1985 through 1995 show that highway traffic 
increases have caused excessive highway congestion.
    The Coast Guard has reviewed the NCDOT highway traffic data during 
the 10 year period from 1985 through 1995, and the drawbridge opening 
logs from January 1995 to December 1995, copies of which are included 
in the docket for this rulemaking. This data appears to support NCDOT's 
request. According to the 1995 drawbridge logs, 234 openings occurred 
between 7 a.m. and 9 a.m. and 235 openings occurred between 4 p.m. and 
6 p.m. Thus, the daily average for the year was 0.6 openings for each 
of the proposed restricted periods. Only during the month of May 1995 
were there more than 2.0 openings during the time periods in question. 
During May 1995, an average of 2.6 openings occurred between 7 a.m. and 
9 a.m. Even though 2.6 openings is not excessive, NCDOT states that the 
random timing of the openings caused highway traffic to backup four to 
six blocks. In support of this contention, the NCDOT provided highway 
traffic data which shows that highway traffic volumes increased by an 
average of between 200 and 300 vehicles during the proposed morning and 
evening restricted periods as compared to other daylight hours. Based 
upon this data, the Coast Guard believes that the 2.0 proposed 
scheduled openings for pleasure vessels for each time period should be 
adequate for marine traffic and should help to reduce highway traffic 
congestion.

Discussion of Proposed Rule

    The Coast Guard is proposing a new regulation governing the 
operation of this drawbridge. The proposed rule would eliminate 
openings of the bridge between 7 a.m. and 9 a.m., and 4 p.m. and 6 
p.m., Monday through Friday for pleasure vessels except that the draw 
would open at 7:30 a.m., 8:30 a.m., 4:30 p.m., and 5:30 p.m. for any 
pleasure vessels waiting to pass. The draw would open on signal for 
public vessels of the United States or local vessels used for public 
safety, commercial vessels, tugs with tows, and vessels in distress. 
The draw would continue to open on signal

[[Page 35454]]

at all other times. The Coast Guard believes that these proposed 
changes will relieve highway traffic congestion and not cause an undue 
hardship on navigation.
    The text of the current regulation, Section 117.833 would be 
redesignated as paragraph (a) and a new paragraph (b) would be added 
for the new regulation.

Regulatory Evaluation

    This proposed 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 proposed 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 proposed 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 
proposed rule 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 proposed 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 
proposal and concluded that under section 2.B.2.e(32)(e) of Commandant 
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this 
proposed 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. The text of Section 117.833 is redesignated as paragraph (a) and 
a new paragraph (b) is added to read as follows:


Sec. 117.833  Pasquotank river.

    (a) * * *
    (b) The draw of the US 158 Highway Bridge, mile 50.7, at Elizabeth 
City, shall open on signal; except that between 7 a.m. and 9 a.m., and 
4 p.m. and 6 p.m., Monday through Friday, the draw need open only at 
7:30 a.m., 8:30 a.m., 4:30 p.m., and 5:30 p.m. for any pleasure vessels 
waiting to pass.

    Dated: June 13, 1997.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 97-17072 Filed 6-30-97; 8:45 am]
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