[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Rules and Regulations]
[Pages 66005-66006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32885]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-009]
RIN 2115-AE47


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing 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 will be 
scheduled at 7:30 and 8:30 a.m., and 4:30 and 5:30 p.m. for any waiting 
pleasure vessels. This 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: This final rule is effective January 16, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the office of the Commander (Aowb), Fifth 
Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (757) 
398-6222.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at 
(757) 398-6222.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On July 1, 1997, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; 
Pasquotank River, Elizabeth City, North Carolina'' in the Federal 
Register (62 FR 35453). The Coast Guard did not receive any comments on 
the proposed rulemaking. No public hearing was requested and none was 
held.

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), 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.
    Prior to publishing the Notice of Proposed Rulemaking the Coast 
Guard 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 supports 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 morning and evening 
restricted periods as compared to other daylight hours. Based upon this 
data, the Coast Guard believes that 2.0 scheduled openings for 
pleasures vessels for each time period is adequate for marine traffic 
and should help to reduce highway traffic congestion.

Discussion of Comment and Changes

    The Coast Guard received no comments on the proposed rulemaking.

[[Page 66006]]

Therefore, the proposed rule is being implemented without change.

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 
Cost Guard must consider whether this final rule will have 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 encomic 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 Cost 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 amended, 59 FR 38654, 29 July 1994), this 
final 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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 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 Sec. 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: December 8, 1997.
Roger Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 97-32885 Filed 12-16-97; 8:45 am]
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