[Federal Register Volume 66, Number 149 (Thursday, August 2, 2001)]
[Rules and Regulations]
[Pages 40118-40119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19334]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the regulations that govern the 
operation of the Graydon Paul Drawbridge on US 70 across Beaufort 
Channel, also known as Gallant's Channel mile 0.1, located in Beaufort, 
North Carolina, at the request of the North Carolina Department of 
Transportation.
    The final rule reduces the number of bridge openings during times 
of peak highway traffic. This final rule is intended to reduce motor 
vehicular delays and congestion related to commuter traffic going to 
and from work in the mornings and evenings, while still providing for 
the reasonable needs of navigation.

DATES: This final rule is effective on September 4, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket 
are part of docket CGD05-01-001, and 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 Deaton, Bridge Administrator, 
Fifth Coast Guard District, (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On April 13, 2001, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; Beaufort 
Channel, Beaufort, NC'' in the Federal Register (66 FR 19105). The 
Coast Guard received 5 letters commenting on the proposed rulemaking. 
No public hearing was requested and none was held.

Background and Purpose

    The Graydon Paul Drawbridge across Beaufort Channel, located in 
Beaufort, North Carolina, is owned and operated by the North Carolina 
Department of Transportation (NCDOT). The current 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 opens 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.
    NCDOT requested that openings of the Graydon Paul Drawbridge be 
further restricted by limiting drawbridge openings to on the hour and 
half hour seven days a week and rush hour restrictions from 6:30 a.m. 
to 8 a.m. and 4:30 p.m. to 6 p.m. during weekday morning and evening 
rush hours. This request to change the current regulation is based on 
heavy vehicular commuter traffic traveling to and from the Town of 
Beaufort during peak rush hour periods. The Graydon Paul Drawbridge is 
located on US Highway 70, which is the only corridor entering and 
exiting the town of Beaufort from Morehead City, North Carolina. 
Drawbridge openings create long traffic backups often extending for 6 
to 7 miles. The heavy congestion often results in vehicular accidents. 
NCDOT contends that openings on the hour and half hour and extending 
rush hour restrictions will allow the bridge to clear the traffic 
before another opening occurred. Vehicular traffic congestion on US 
Highway 70 will be reduced and highway safety will be increased without 
placing undue hardship on vessel traffic.
    NCDOT provided the Coast Guard with statistical data which shows 
that 12-13000 vehicles cross the drawbridge each day. When drawbridge 
openings occur every twenty minutes, traffic backups extend for several 
miles and cannot clear before the next opening. One mile South of the 
Graydon Paul Drawbridge on the same route is the Morehead City US 70 
Bridge, which is a fixed 65 ft vertical clearance bridge on the 
Atlantic Intracoastal Waterway (AICWW). It is an alternate route for 
boaters to go around through the AICWW by Morehead City back to 
Beaufort. Motorist do not have an alternate route on US 70 back and 
forth to and from Beaufort to Morehead City. In reviewing the recent 
draw logs and traffic counts, the Coast Guard has determined that the 
current regulations do not allow traffic to clear especially during 
rush hour periods and there was minimal vessel traffic at these times, 
therefore, a reduction in the number of openings will not substantially 
impact navigational traffic, but will provide a positive offsetting 
benefit to vehicular traffic.
    The Coast Guard is amending Sec. 117.822 by changing drawbridge 
openings from 6 a.m. to 10 p.m. to opening on the hour and half hour 
and eliminating openings from 6:30 a.m. to 8 a.m. and 4:30 p.m. to 6 
p.m. on weekdays only, year round. All other provisions of the existing 
regulation will remain the same.

Discussion of Comments and Changes

    The Coast Guard received 5 letters on the NPRM in support of the 
proposed changes to the regulation. The comments applauded the change 
and went further in asking that the bridge be welded shut. Since all of 
the comments favorably addressed the proposed change for which comments 
were being solicited, and the Coast Guard has determined permanently 
closing the bridge to all vessel traffic would interfere with 
navigation, 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, Regulatory Planning and Review, 
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 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.
    The Coast Guard reached this conclusion based on the fact that the 
final rule will not prevent mariners from transiting the bridge, but 
merely require them to plan their transits in accordance with the 
scheduled bridge openings.

[[Page 40119]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard has considered whether this final rule will 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 final rule will not have a significant economic 
impact on a substantial number of small entities. This is based on the 
fact that we contacted the local commercial facilities affected by this 
change to the regulations and received no adverse comments. The 
proposed regulation will still provide for the reasonable needs of 
navigation while improving highway conditions by restricting the vessel 
openings of the bridge from every twenty minutes to on the hour and 
half hour.

Collection of Information

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

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by the State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in the preamble.

Taking of Private Property

    This rule will not effect the 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 rule meets applicable standards in sections 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 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 create an 
environmentally significant rule and does not create an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under figure 2-1, paragraph (32)(e) of 
COMDTINST M16475.1C, this final 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.

    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 117.822 is revised to read as follows:


Sec. 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 between the hours of 6:30 a.m. to 8 a.m. and 4:30 
p.m. to 6 p.m.
    (b) From 10 p.m. to 6 a.m., the bridge shall open on signal.

    Dated: July 24, 2001.
Thad W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-19334 Filed 8-1-01; 8:45 am]
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