[Federal Register Volume 63, Number 37 (Wednesday, February 25, 1998)]
[Rules and Regulations]
[Pages 9418-9419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4836]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-072]
RIN 2115-AE47


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
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 Onslow Beach Swing 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 final rule continues to provide for openings on signal, except 
that from 7 a.m. to 7 p.m., the draw will only open on the hour and 
half hour, year-round. This rule is intended to reduce vehicular 
traffic delays while still providing for the reasonable needs of 
navigation.

DATES: This final rule is effective on March 27, 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., through 
Friday, except Federal holidays. The telephone number is (757) 398-
6222.

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

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On October 16, 1997, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; Atlantic 
Intracoastal Waterway, North Carolina'' in the Federal Register (62 FR 
53770). The Coast Guard received one letter commenting on the proposed 
rulemaking. No public hearing was requested and none was held.

Background and Purpose

    The Onslow Beach Swing 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 Swing Bridge to open on signal at all times. 
This requirement is included in the general operating regulations at 33 
CFR 117.5.
    The USMC 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.
    Prior to publishing the NPRM, the Coast Guard reviewed the USMC's 
bridge logs from October 1993 through July 1997 which revealed an 
average of 38 bridge opening requests per day. During peak opening 
periods in the Fall and Spring, bridge tenders received an average of 
45 bridge opening requests per day. Considering the minimal number of 
openings identified by the bridge logs, the Coast Guard believes that 
this rule 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 Swing Bridge would make 
its schedule consistent with those for the other AICW drawbridges in 
North Carolina.
    Therefore, the Coast Guard is amending Sec. 117.821 by revising 
paragraph (a)(3) to require the Onslow Beach Swing Bridge across the 
AICW, mile 240.7, at Camp Lejeune, North Carolina, to open on signal 
except that openings will be limited to on the hour and half hour, 
between 7 a.m. and 7 p.m.
    The final rule also amends Sec. 117.821(a) by deleting the text 
stating that the bridge 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 is a general 
requirement published at 33 CFR 117.31, which is no longer required in 
each specific bridge regulation. Commercial vessels will continue to 
pass on signal as provided in new paragraph (a).
    To ensure clarity and consistency of the operating regulation, 
parts of former paragraph (b) have been reworded and

[[Page 9419]]

redesignated as paragraph (a). The final rule makes no substantive 
changes in paragraphs (b)(1)-(6); however minor editorial changes to 
the text have been made to clarity the regulation. For clarity and ease 
of use to the public, the Coast Guard is republishing the entire 
section as amended.

Discussion of Comments and Changes

    The Coast Guard received one comment on the NPRM expressing support 
for the proposed rule. No adverse comments were received; therefore, 
the final 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 
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).
    This final rule does not restrict vessel navigation, but merely 
limits the bridge openings to on the hour and half hour, from 7 a.m. to 
7 p.m. Therefore, 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 final rule contains no collection of information requirement 
under the Paperwork Reduction Act of 1995 (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 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. Section 117.821 is revised to read as follows:


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

    (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 in this paragraph:
    (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 and half 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 Swing Bridge, mile 240.7, at Cap 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 hour on signal between 7 a.m. and 7 p.m., April 1 to 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.
    (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: February 13, 1998.
Roger Rufe, Jr.
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-4836 Filed 2-24-98; 8:45 am]
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