[Federal Register Volume 67, Number 104 (Thursday, May 30, 2002)]
[Proposed Rules]
[Pages 37746-37748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13510]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-02-014]
RIN 2115-AE47


Drawbridge Operation Regulation; Northeast Cape Fear River, 
Wilmington, 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 Isabel S. Holmes Bridge across the 
Northeast Cape Fear River, mile 1.0, in Wilmington, North Carolina. The 
proposed rule will reduce the number of bridge openings for transit of 
pleasure craft during a four-year bridge repair project. This change 
would reduce traffic delays while still providing for the reasonable 
needs of navigation.
    In addition, an administrative correction is being made to the name 
of the waterway in 33 CFR Part 117.829. The ``Northeast River'' will be 
changed to the ``Northeast Cape Fear River''.

DATES: Comments and related material must reach the Coast Guard on or 
before July 29, 2002.

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. The 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 become part of this docket and will be available for inspection or 
copying at the above address between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ann B. 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 (CGD05-02-
014), 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 material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they 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 rule in view of them.

Public Meeting

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

Background and Purpose

    The Isabel S. Holmes Drawbridge is owned and operated by the North 
Carolina Department of Transportation (NCDOT). The regulation in 33 CFR 
117.5 requires the bridge to open promptly and fully once a request to 
open is received. When the bridge is closed there is 40 feet of 
vertical clearance.
    The Isabel S. Holmes Bridge crosses the Northeast Cape Fear River. 
It makes connections with Route 133 and the US-17 corridor, which 
supports the general north/south flow of traffic through the region. 
The bridge is one of two river crossings under high vehicular use in 
the region. According to figures from 1999, approximately 19,000 
vehicles pass over the bridge every day. Between 1999 and the present, 
an average of 12 pleasure craft per month

[[Page 37747]]

transited the area and required bridge openings between the hours of 6 
a.m. and 6 p.m. Motorists do not have an alternate route when traveling 
this stretch of highway unless they drive several traffic congested 
miles. Boaters do not have an alternate route to transit this waterway 
when the drawbridge is closed.
    NCDOT requested permission to decrease the number of openings for 
pleasure craft to avoid excessive/hazardous traffic back-ups during 
repairs. NCDOT proposes an inter-modal compromise that would limit the 
times of draw openings during hours of bridge repair. NCDOT asserts 
that by closing the bridge to pleasure craft during daytime hours, 
except for two scheduled openings per day for waiting vessels, 
vehicular traffic congestion will be reduced and highway safety will be 
enhanced. NCDOT provided statistical data, which supports the traffic 
counts for a two-way four-lane bridge being changed to a two-way two-
lane bridge. The data also revealed that the draw was opened an average 
of 12 times/month for pleasure craft, between the hours of 6 a.m. and 6 
p.m. Overall, the Coast Guard believes that closure during the proposed 
time periods would not overburden recreational marine traffic while 
allowing the continued use of two lanes for the two-way flow of 
vehicular traffic.
    33 CFR 117.829 currently regulates the scheduled opening of the 
Seaboard System Railroad Bridge across Northeast Cape Fear River at 
mile 27.0. The existing regulatory text contains no paragraph number. 
The regulatory text describes the ``Northeast River.'' This regulation 
is incorrectly titled the ``Northeast River.'' The proposed rule for 
the Isabel S. Holmes Bridge will be included in the same section.

Discussion of Proposed Rule

    This proposed rule will be in place for four years while bridge 
repairs are conducted. The bridge must remain usable during repairs to 
avoid traffic hazards, increased traffic from the Smith Creek Parkway 
and any other potential local economic impacts. It must also remain 
operational to accommodate the needs of navigation.
    The draw currently opens on signal. The proposed rule will allow 
the draw to remain closed to pleasure craft from 6 a.m. to 6 p.m., 
except at 10 a.m. and 2 p.m. when the draw will be opened. The draw 
will open on signal 24 hours/day to Government and commercial vessels. 
The draw will open on signal for all waiting vessels between 6 p.m. and 
6 a.m. The new schedule will be effective seven days per week.
    The proposed rule changes the name of the waterway from the 
``Northeast River'' to the ``Northeast Cape Fear River.'' The name 
change will accurately reflect the name of this waterway.
    The proposed regulation will designate the current regulatory text 
at 33 CFR 117.829 as paragraph (b). The current regulatory text will be 
revised to refer to the ``Northeast Cape Fear River'' rather than the 
``Northeast River.''

Regulatory Evaluation

    This proposed temporary 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).
    We expect the economic impact of this proposed temporary 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 have 
considered whether this proposed temporary 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 
temporary rule would not have a significant economic impact on a 
substantial number of small entities.
    This proposed temporary rule would not have a significant economic 
impact on a substantial number of small entities because the regulation 
does not restrict the movement of commercial navigation, but only 
restricts the movement of pleasure craft (approx. 12 openings/month). 
In addition, to avoid any potential restriction to navigation, maritime 
advisories will be widely available to users of the river.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 
temporary 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 (Public Law 104-121), we want to assist small 
entities in understanding this proposed temporary 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 Ann B. Deaton, 
Bridge Administrator, Fifth Coast Guard District, (757) 398-6222.

Collection of Information

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

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 proposed 
temporary 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 a 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 proposed temporary rule would not result in such 
an expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

Taking of Private Property

    This proposed temporary rule would not affect a taking of private 
property or otherwise have taking implications under Executive Order 
12630, Governmental Actions and Interference

[[Page 37748]]

with Constitutionally Protected Property Rights.

Civil Justice Reform

    This proposed temporary 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 proposed temporary rule under Executive Order 
13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This rule is not an economically significant rule and 
would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

    This proposed temporary rule does not have tribal implications 
under Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments, because it would 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed temporary rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed temporary rule under Executive Order 
13211, Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use. We have determined that it 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

    We have considered the environmental impact of this proposed 
temporary rule and concluded that, under figure 2-1, paragraph (32)(e), 
of Commandant Instruction M16475.lD, this rule is categorically 
excluded from further environmental documentation. The proposed 
temporary rule only involves the operation of an existing drawbridge 
and will not have any 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.

    For 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 authority of Pub.L.102-587, 106 Stat. 
5039.

    2. Section 117.829 is revised to read as follows:


[sect] 117.829  Northeast Cape Fear River.

    (a) The draw of the Isabel S. Holmes Bridge, at mile 1.0, at 
Wilmington, North Carolina will operate as follows:
    (1) The draw will be closed to pleasure craft from 6 a.m. to 6 p.m. 
every day except at 10 a.m. and 2 p.m. when the draw will open for all 
waiting vessels.
    (2) The draw will open on signal for Government and commercial 
vessels at all times.
    (3) The draw will open for all vessels on request signal from 6 
p.m. to 6 a.m.
    (b) The draw of the Seaboard System Railroad Bridge across the 
Northeast Cape Fear River, mile 27.0, at Castle Hayne, North Carolina 
shall open on signal if at least 4 hours notice is given.

    Dated: May 16, 2002.
James D. Hull,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 02-13510 Filed 5-29-02; 8:45 am]
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