[Federal Register Volume 66, Number 72 (Friday, April 13, 2001)]
[Proposed Rules]
[Pages 19105-19106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9176]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-01-001]
RIN 2115-AE47


Drawbridge Operation Regulation; Beaufort Channel, Beaufort, NC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to change the regulations that 
govern the operation of the Greydon Paul Drawbridge on US 70 across 
Beaufort Channel, also known as Gallant's Channel, mile 0.1, located in 
Beaufort, North Carolina. The proposed rule would reduce the number of 
bridge openings during times of peak highway traffic. This change would 
reduce traffic delays while still providing for the reasonable needs of 
navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before June 12, 2001.

ADDRESSES: You may mail comments and related material to Commander 
(Aowb), Fifth Coast Guard District, Federal Building, 4th Floor, 431 
Crawford Street, Portsmouth, Virginia 23704-5004, or they may be hand 
delivered to the same address between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. Commander (Aowb), Fifth Coast 
Guard District maintains the public docket for this rulemaking. 
Comments and material received from the public, as well as documents 
indicated in this preamble as being available in the docket, will be 
available for inspection and copying at the above address between the 
hours of 8 a.m. and 4:30 p.m., Monday through Friday, except Federal 
holidays.

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

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-01-
001), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related materials in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
this reached us, please enclose a stamped self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Commander (Aowb) at the address 
under ADDRESSES explaining why one would be beneficial. If we determine 
that one would aid this rulemaking, we would hold one at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    The Greydon Paul Drawbridge is owned and operated by the North 
Carolina Department of Transportation (NCDOT). The regulation at 33 CFR 
117.822 requires the bridge to open on signal except that from 6 a.m. 
to 10 p.m., the draw shall open on signal for all vessels waiting to 
pass every hour on the hour, twenty minutes past the hour and forty 
minutes past the hour; except that on weekdays the bridge need not open 
at 7:40 a.m., 8:40 a.m., 4:40 p.m. and 5:40 p.m. From 10 p.m. to 6 
a.m., the bridge shall open on signal.
    The Graydon Paul Bridge is the connecting bridge between Beaufort 
and Morehead City, North Carolina on US 70. This is the only corridor 
into Beaufort without making a 3 hour commute around Carteret County. 
Eleven to twelve thousand vehicles pass over the bridge everyday. One 
mile south of the Greydon Paul Bridge on US 70 is the Morehead City US 
70 Bridge, which is a fixed 65 ft vertical clearance bridge over the 
Atlantic Intracoastal Waterway (AICWW). It is a short waterway commute 
for boaters to go around through the AICWW by Morehead City back to 
Beaufort. Motorists do not have an alternate route traveling to and 
from Beaufort to Morehead City. When bridge lifts occur, traffic backs 
up periodically for six to seven miles. The current schedule of 
openings every twenty minutes does not allow the traffic congestion to 
clear the bridge before the next opening. During rush hour periods the 
situation is even further impacted due to peak traffic numbers of 
vehicles trying to cross the bridge. NCDOT proposes that by restricting 
openings to twice an hour and lengthening rush hour restrictions for 
peak traffic times on the bridge, vehicular traffic congestion on US 
Highway 70 will be reduced and highway safety will be increased. NCDOT 
provided statistical data which supports the extreme traffic counts for 
a two lane bridge along with the number of openings and vessels 
requiring openings. This data revealed that traffic counts are staying 
at a constant 11-12 thousand cars a day with peak traffic time being 
from 6:30 a.m. to 8 a.m. and 4:30 p.m. to 6 p.m. Monday through Friday. 
The waterway users (which are comprised of commercial and recreational 
users with a mast height of less than 65 feet; there are no vessels 
requiring more than 65 feet in vertical clearance) for this area were 
contacted by the Coast Guard and the majority agreed to bridge openings 
twice an hour and extended rush hour restrictions. There is an 
alternate waterway route around the Beaufort Bridge through the Route 
70 Morehead City Bridge (which provides a fixed 65 ft vertical 
clearance to mariners). It adds 35-40 minutes in transit time to 
vessels to go around. Overall, the Coast Guard believes that this 
proposed rule will reduce motor vehicle traffic delays on the hour and 
half hour and congestion related to rush hour traffic entering and 
exiting the town of Beaufort, North Carolina, while still providing for 
the reasonable needs of navigation.

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. The Office of Management and Budget has not reviewed it 
under that Order. It is not significant under the regulatory policies

[[Page 19106]]

and procedures of the Department of Transportation (DOT) (44 FR 11040, 
February 26, 1979).
    We expect 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.
    We reached this conclusion based on the fact that the proposed 
changes will not impede maritime traffic transiting the bridge, but 
merely require mariners to plan their transits in accordance with the 
scheduled bridge openings, while still providing for the needs of the 
bridge owner.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
consider whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. There are 15 waterborne companies (Charter 
and Fishing vessels) that transit through the Beaufort Channel Bridge. 
These companies were contacted and everyone within those agencies 
agreed to the proposed restrictions. Commercial waterway users have an 
alternate route around the Beaufort Channel Bridge will not have an 
adverse effect on these small entities due to their ability to time 
their transits through the bridge during the specified opening periods.
    If you think your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the Commander (Aowb), Fifth 
Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in Section 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32) (e), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation. This proposed rule only deals 
with the operating schedule of an existing drawbridge and will have no 
impact on the environment. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. 102-4587, 106 
Stat. 5039.

    2. Section 117.822 is revised to read as follows:


117.822  Beaufort Channel, NC.

    The draw of the US 70 bridge, mile 0.1., at Beaufort, shall open as 
follows:
    (a) From 6 a.m. to 10 p.m., the draw need only open every hour on 
the hour, and on the half hour; except that Monday through Friday the 
bridge need not open from 6:30 a.m. to 8 a.m. and from 4:30 p.m. to 6 
p.m.
    (b) From 10 p.m. to 6 a.m., the bridge shall open on signal.

    Dated: March 9, 2001.
John E. Shkor,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-9176 Filed 4-12-01; 8:45 am]
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