[Federal Register Volume 63, Number 175 (Thursday, September 10, 1998)]
[Proposed Rules]
[Pages 48453-48455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24289]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-98-069]
RIN 2115-AE47


Drawbridge Operation Regulations; Perquimans River, Hertford, 
North Carolina

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to change the regulations that govern 
the operation of the drawbridge across Perquimans River, mile 12.0, in 
Hertford, North Carolina, by decreasing its hours of operation during 
specific times of inactivity. This proposed rule is intended to lessen 
the high cost of manning the drawbridge 24 hours a day while still 
providing for the reasonable needs of navigation.

DATES: Comments must be received on or before November 9, 1998.

ADDRESSES: Comments may be mailed to Commander (Aowb), Fifth Coast 
Guard District, 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, Fifth Coast Guard District, 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 (CGD05-98-069), 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

[[Page 48454]]

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, (Aowb) Fifth Coast Guard District, 
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.

Background and Purpose

    The current regulations at 33 CFR 117.835 require the U.S. Route 17 
drawbridge across the Perquimans River, mile 12.0, in Hertford, North 
Carolina to operate as follows: The draw shall open on signal from 8 
a.m. to midnight from April 1 through September 30, and from 10 a.m. to 
10 p.m. from October 1 through March 31. The draw need not be opened at 
all other times. The Town of Hertford, through the North Carolina 
Department of Transportation (NCDOT), has requested permission to 
decrease the number of hours the bridge is attended. In support of its 
request, NCDOT asserts that 3 years of drawbridge opening logs (from 
1995 through 1997) show that marine vessel traffic significantly 
decreased during April and at night from 10 p.m. to midnight throughout 
the year.
    The Coast Guard has reviewed these logs (copies of which are 
included in the docket for this rulemaking) and they appear to support 
NCDOT's request. According to the January 1995 to December 1997 
drawbridge logs, 233 openings occurred, which is a decrease from the 
previous three years (1992-94), when there were 370 openings.
    The decrease in the overall number of openings plus the decrease in 
openings during the registered time periods indicate that it would be 
advantageous to change the drawbridge operating regulations. Based on 
this data, the Coast Guard believes that closure during the proposed 
time periods would not overburden marine traffic while lessening the 
high cost of manning the bridge 24 hours per day. This proposed rule is 
intended to decrease the high cost of manning the drawbridge while 
still providing for the reasonable needs of navigation.

Discussion of Proposed Rule

    The Coast Guard is proposing a new regulation governing the 
operation of this drawbridge. The proposed rule would require the draw 
to operate as follows:
     During May through September, the draw would open on 
signal from 8 a.m. to 10 p.m., seven days a week.
     During April and October, the draw would open on signal 
from 8 a.m. to 10 p.m., Saturdays and Sundays.
     During March and November, the draw would open on signal 
from 10 a.m. to 10 p.m., Saturdays and Sundays.
     During December, January, and February, twenty-four hours 
advance notice would be required for openings.
     At all other times, the draw would not be required to 
open.
    The drawbridge would continue to be required to operate in 
compliance with 33 CFR 117.31(b), Operation of draw for emergency 
situations, and 33 CFR 117.55, Posting of requirements.

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 believes that 
closure during the proposed time periods would not overburden marine 
traffic due to the lack of use during these periods. Therefore, 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. 601-612), 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. 3501-3520).

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 Figure 2-1, paragraph (32)(e) of 
COMDTINST M16475.1C, this proposed rule is categorically excluded from 
further environmental documentation based on the fact that it is a 
promulgation of the operating regulations for a drawbridge. 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 117.835 is revised to read as follows:


Sec. 117.835  Perquimans River.

    The draw of the US17 Bridge over Perquimans River, mile 12.0, in 
Hertford, North Carolina shall operate as follows:
    (a) During May through September, the draw shall open on signal 
from 8 a.m. to 10 p.m., seven days a week.
    (b) During April and October, the draw shall open on signal from 8 
a.m. to 10 p.m., Saturdays and Sundays.
    (c) During March and November, the draw shall open on signal from 
10 a.m. to 10 p.m., Saturdays and Sundays.

[[Page 48455]]

    (d) During December, January, and February, twenty-four hours 
advance notice is required for openings.
    (e) The draw need not be opened at all other times.

    Dated: September 1, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-24289 Filed 9-9-98; 8:45 am]
BILLING CODE 4910-15-M