[Federal Register Volume 67, Number 227 (Monday, November 25, 2002)]
[Rules and Regulations]
[Pages 70552-70554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29905]


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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: Final rule.

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SUMMARY: The Coast Guard is changing 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 final rule will 
reduce the number of bridge openings for transit of pleasure craft 
during a four-year bridge repair project. This change will 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. The ``Northeast River'' is being changed to 
the ``Northeast Cape Fear River''.

DATES: This rule is effective December 26, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as available in the docket, are 
part of docket CGD05-02-014 and are available for inspection or copying 
at Commander (Aowb), Fifth Coast Guard District, Federal Building, 4th 
Floor, 431 Crawford Street, Portsmouth, Virginia 23704-5004 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: 

Regulatory Information

    On May 30, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Northeast Cape Fear 
River, Wilmington, North Carolina'' in the Federal Register (67 FR 
37746). We received one letter commenting on the proposed rule. No 
public hearing was requested, and none was held.

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

[[Page 70553]]

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 transited the area and 
required bridge openings between the hours of 6 a.m. and 6 p.m. 
Motorists did not have an alternate route when traveling this stretch 
of highway unless they drove several traffic congested miles. Boaters 
did not have an alternate route to transit this waterway when the 
drawbridge was closed.
    NCDOT requested permission to decrease the number of openings for 
pleasure craft to avoid excessive/hazardous traffic back-ups during 
repairs. NCDOT proposed an inter-modal compromise that will 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. The Coast Guard considered restricting all navigation but chose 
not to, due to the safety concerns of restricting commercial vessels 
with hazardous cargoes. The Coast Guard believes that closure during 
the proposed time periods will not overburden recreational marine 
traffic while allowing the continued use of two lanes for the two-way 
flow of vehicular traffic.
    This final rule will revise 33 CFR 117.829, which regulates the 
scheduled openings of the Seaboard System Railroad Bridge across 
Northeast Cape Fear River at mile 27.0. The previous regulatory text 
contains no paragraph designation. The regulatory text describes the 
``Northeast River,'' and this section is incorrectly titled the 
``Northeast River.'' This final rule corrects the river name and 
includes the Isabel S. Holmes Bridge in the same section.

Discussion of Comments and Changes

    The Coast Guard received one letter on the NPRM. This letter stated 
they had no objection to the proposed rule, therefore, no changes were 
made to the final rule.

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, l979).
    We expect 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.
    We reached this conclusion based on the fact that these 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 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 final rule will 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 each month). In 
addition, to avoid any potential restriction to navigation, maritime 
advisories will be widely available to users of the river.

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 can better evaluate its 
effects on them and participate in the rulemaking. In our notice of 
proposed rule making we provided a point of contact to small entities, 
who could answer questions concerning proposed provisions or options 
for compliance.

Collection of Information

    This rule calls 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 could 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 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 final rule will not result in such expenditure, 
we do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This final rule will 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 final 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 final 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 environmental risk to health or risk to safety that may 
disproportionately affect children.

[[Page 70554]]

Indian Tribal Governments

    This final 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.

Energy Effects

    We have analyzed this final 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 final 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 final 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 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 authority of Pub. L. 102-587, 106 Stat. 
5039.


    2. Section 117.829 is revised to read as follows:


Sec.  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 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: November 12, 2002.
James D. Hull,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 02-29905 Filed 11-22-02; 8:45 am]
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