[Federal Register Volume 62, Number 200 (Thursday, October 16, 1997)]
[Proposed Rules]
[Pages 53770-53772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27359]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-072]
RIN 2115-AE47


Drawbridge Operation Regulations; Atlantic Intracoastal 
Waterways, NC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to change the regulations 
governing the operation of the Onslow Beach Bridge across the Atlantic 
Intracoastal Waterway (AICW), mile 240.7, at Camp Lejeune, North 
Carolina, at the request of the United States Marine Corps (USMC).
    The proposal would continue to provide for openings on signal, 
except that from 7 a.m. to 7 p.m., the draw would only open on the hour 
and half hour, year-round. This change in the bridge opening schedule 
is intended to reduce vehicular traffic delays while still providing 
for the reasonable needs of navigation.

DATES: Comments must be received on or before December 15, 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 
part of this docket and will be available for inspection and copying at 
the above address.

FOR FURTHER INFORMATION CONTACT:
Ann Deaton, Bridge Administrator, USCG Atlantic Area, (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 and should identify this rulemaking (CGD05-97-072). 
Commenters should identify the specific section of this proposed 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 proposed rule in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to 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.

Background and Purpose

    The Onslow Beach Bridge and adjoining property are part of the 
Marine Corps Base at Camp Lejeune military reservation, located 
adjacent to Jacksonville, North Carolina. The current regulations 
require the Onslow Beach Bridge to open on signal at all times. This 
requirement is included in the general operating regulations in 33 CFR 
117.5.
    The USMC has requested changes in the regulation to require the 
bridge to open on signal, except from 7 a.m. to 7 p.m., when the bridge 
would open on the hour and half hour year-round. Bridge logs from 
October 1993 through July 1997 revealed on average of 38 bridge opening 
requests per day. During

[[Page 53771]]

peak opening periods in the Fall and Spring, bridge tenders received an 
average of 45 bridge opening request per day. Considering the minimal 
number of openings identified by the bridge logs, the Coast Guard 
believes that the proposed changes will more fairly balance the 
competing needs of vehicular and vessel traffic.
    Other drawbridges along the AICW in North Carolina are governed by 
specific regulations listed in 33 CFR 117.821 which require them to 
open on the hour or on the hour and half hour. The USMC's requested 
change to the regulations for the Onslow Beach Bridge would make its 
schedule consistently with those of the other AICW drawbridges.

Discussion of Proposed Amendments

    The Coast Guard proposes to amend the regulations governing the 
Onslow Beach Bridge across the AICW, mile 240.7, at Camp Lejeune, North 
Carolina, to allow openings on the hour and half hour, between 7 a.m. 
to 7 p.m., year-round. The Coast Guard proposes to insert this new 
regulation at 33 CFR 117.821(a)(3).
    The Coast Guard intends to remove the current text at 33 CFR 
117.821(a) which states that drawbridges shall open on signal for 
public vessels of the United States, state and local government 
vessels, and any vessel in an emergency involving danger to life or 
property. This general requirement is currently published in 33 CFR 
117.31 and is no longer required to be published in each specific 
bridge regulation. Commercial vessels would continue to pass on signal 
as provided in new paragraph (a). To ensure clarity and consistency of 
the operating regulation, the regulatory requirements for the current 
33 CFR 117.821(b) would be reworded and redesignated paragraph (a). 
Although no substantive changes are proposed to current 117.821(b)(1)-
(6), additional text changes would be made to clarify the existing 
regulations.
    Finally, the Coast Guard proposes to revise 33 CFR 117.821 by 
redesignating the following paragraphs: Paragraph (b)(1) governing the 
S.R. 94 Bridge, at AICW mile 113.7, would be redesignated (a)(1); 
Paragraph (b)(2) governing the S.R. 304 Bridge, at AICW mile 157.2, 
would be redesignated (a)(2); Paragraph (b)(3) governing the S.R. 50 
Bridge, at AICW mile 260.7, would be redesignated (a)(4); Paragraph 
(b)(4) governing the Figure Eight Swing Bridge, at AICW mile 278.1, 
would be redesignated (a)(5); Paragraph (b)(5) governing the S.R. 74 
Bridge, at AICW mile 283.1, would be redesignated (a)(6); Paragraph 
(b)(6) governing the S.R. 1172 Bridge, at AICW mile 337.9, would be 
redesignated (a)(7); and paragraph (c) would be redesignated (b).

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 proposal to be so minimal that a full 
Regulatory Evaluation, under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary. The Coast Guard reached this 
conclusion based on the fact that the changes and actions proposed by 
this rule would not prevent mariners from transiting the bridge. The 
proposed rule would merely require pleasure vessels to plan to be in 
position to take advantage of scheduled bridge openings between 7 a.m. 
to 7 p.m. At all other times, the bridge would continue to open on 
signal.

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 small independently owned and operated 
businesses which are not dominant in their fields 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 proposed rule, if adopted, will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This proposal does not provide for the collection of information 
requirements under the Paper Reduction Act (44 U.S.C. 301 et seq.).

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposed rule will not have sufficient federalism 
implications to warrant preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule 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. Section 117.821 is revised to read as follows:


Sec. 117.821  Atlantic Intracoastal Waterway, Albermarle Sound to 
Sunset Beach, North Carolina.

    (a) The drawbridges across the Atlantic Intracoastal Waterway in 
North Carolina shall open on signal for commercial vessels at all times 
and on signal for pleasure vessels, except at the times and during the 
periods specified below.
    (1) S.H. 94 Bridge, mile 113.7, at Fairfield, NC, from April 1 to 
November 30, between 7 a.m. and 7 p.m., the draw need only open on the 
hour.
    (2) S.R. 304 Bridge, mile 157.2, at Hobucken, NC, from April 1 to 
November 30, between 7 a.m. and 7 p.m., the draw need only open on the 
hour and half hour.
    (3) Onslow Beach Bridge, mile 240.7, at Camp Lejeune, NC between 7 
a.m. and 7 p.m., the draw need only open on the hour and half hour.
    (4) S.R. 50 Bridge, mile 260.7, at Surf City, NC, between 7 a.m. 
and 7 p.m. the draw need only open on the hour.
    (5) Figure Eight Swing Bridge, mile 278.1, at Scotts Hill, NC, the 
draw need only open on the hour and half hour.
    (6) S.R. 74 Bridge, mile 283.1, at Wrightsville Beach, NC ,between 
7 a.m. and 7 p.m. the draw need only open on the hour.
    (7) S.R. 1172 Bridge, mile 337.9, at Sunset Beach, NC, shall open 
on the

[[Page 53772]]

hour on signal between 7 a.m. and 7 p.m., April 1 to November 30, 
except that on Saturdays, Sundays and Federal holidays, form June 1 
through September 30, the bridge shall open on signal on the hour 
between 7 a.m. and 7 p.m.
    (b) If a pleasure vessel is approaching a drawbridge which is only 
required to open on the hour or on the hour and half hour, and cannot 
reach the drawbridge on the hour or on the half hour, the drawtender 
may delay the required opening up to 10 minutes past the hour or half 
hour.

    Dated: October 1, 1997.
Roger Rufe Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 97-27359 Filed 10-15-97; 8:45 am]
BILLING CODE 4910-14-M