[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Proposed Rules]
[Pages 57524-57526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19664]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-05-102]
RIN 1625-AA09


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway 
(AICW), Cape Fear River, and Northeast Cape Fear River, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the drawbridge operation 
regulations of three North Carolina Department of Transportation 
(NCDOT) bridges: the S.R. 74 Bridge, across the AICW mile 283.1 at 
Wrightsville Beach; the Cape Fear River Memorial Bridge, mile 26.8, at 
Wilmington; and the Isabel S. Holmes (US 117) Bridge, at mile 1.0, 
across Northeast Cape Fear River at Wilmington, North Carolina. This 
proposal will allow the bridges to remain in the closed position at 
particular dates and times to accommodate road races, marathons and 
triathlons. Vessels that can pass under the bridges without a bridge 
opening may do so at all times.

DATES: Comments and related material must reach the Coast Guard on or 
before November 17, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Fifth Coast Guard District, Federal Building, 1st Floor, 431 
Crawford Street, Portsmouth, VA 23704-5004. The 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 
Commander (obr), Fifth Coast Guard District between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6629.

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 CGD05-05-
102, 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 a return 
receipt, please enclose a stamped, self-addressed postcard or envelope. 
We will consider all submittals received during the comment period. We 
may change this proposed 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 Commander (obr), 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

    On behalf of the Young Men's Christian Association (YMCA), NCDOT 
requested changes to the operating drawbridge regulations to 
accommodate the Tri-Span Run, Battleship Half Marathon, and Triathlon 
Run. The races are annual events sponsored by the YMCA, attracting 
spectators and participants from the surrounding cities and states.
    In accordance with 33 CFR 117.37(a) for reasons of public safety or 
for public functions, the District Commander may authorize the opening 
and closing of a drawbridge for a specified period of time.
    NCDOT who owns and operates the S.R. 74 Bridge across the AICW mile 
283.1 at Wrightsville Beach; the Cape Fear River Memorial Bridge mile 
26.8 across the Cape Fear River, at Wilmington, North Carolina; and the 
Isabel S. Holmes Bridge mile 1.0 (US 117, across Northeast Cape Fear 
River at Wilmington, North Carolina, requested the following drawbridge 
changes:

Atlantic Intracoastal Waterway

    The S.R. 74 Bridge, at AICW mile 283.1 at Wrightsville Beach, has a 
vertical clearance of 20 feet at mean high water and 24 feet at mean 
low water in the closed position to vessels. The existing operating 
regulations are set out in 33 CFR 117.821(a)(5).
    The Triathlon race is held on the third Saturday in September of 
every year with the fourth Saturday used as the alternate day. To 
facilitate the race, the proposal will maintain the bridge in the 
closed-to-navigation position from 7 a.m. to 11 a.m. on the third and 
fourth Saturday in September of every year.

Cape Fear River

    The Cape Fear Memorial Bridge mile 26.8, in Wilmington, has a 
vertical clearance of 65 feet at mean high water and 68 feet at mean 
low water in the closed position to vessels. The existing regulation is 
listed at 33 CFR 117.5, which requires the bridge to open on signal.
    Both the Tri-Span run and the Battlefield Half Marathon, cross the 
Cape Fear River Memorial Bridge in Wilmington. The Tri-Span run is held 
on the second Saturday of July. To facilitate the race, the proposal 
will maintain the bridge in the closed-to-navigation position from 8 
a.m. to 10 a.m. on the second Saturday of July of every year.
    The Battleship Half Marathon is held on the second Sunday of 
November. To facilitate the marathon, the proposal will maintain the 
bridge in the closed-to-navigation position from 7 a.m. to 11 a.m. on 
the second Sunday of November of every year.

Northeast Cape Fear River

    The Isabel S. Holmes Bridge, U.S. 17, SR 133 at mile 1.0, in 
Wilmington has a vertical clearance of 26 feet at mean high water and 
30 feet at mean low water in the closed position to vessels. The 
existing regulation is listed at 33 CFR 117.829.
    Both the Tri-Span run and the Battlefield Half Marathon, cross the 
Isabel S. Holmes Memorial Bridge in Wilmington. The Tri-Span run is 
held on the second Saturday of July. To facilitate the race, the 
proposal will maintain the bridge in the closed-to-navigation position 
from 8 a.m. to 10 a.m. on the second Saturday of July of every year.
    The Battleship Half Marathon is held on the second Sunday of 
November of every year. To facilitate the marathon, the proposal will 
maintain the bridge in the closed-to-navigation position from 7 a.m. to 
11 a.m. on the second Sunday of November of every year.
    The Coast Guard believes that the proposed changes are reasonable 
due to the short duration that the drawbridges will be maintained in 
the closed position to vessels, because these events have been observed 
in past years with little or no impact to marine or vehicular traffic. 
It is also a necessary measure to facilitate public safety that allows 
for the orderly movement of participants and vehicular traffic before, 
during and after the races.

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Discussion of Proposed Rule

Atlantic Intracoastal Waterway

    This proposed rule amends 33 CFR 117.821 by revising paragraph 
(a)(5), which details the operating regulations for the S.R. 74 Bridge.
    Paragraph Sec.  117.821 (a)(5) will be amended to allow the S.R. 74 
Bridge to remain in the closed position from 7 a.m. to 11 a.m. on the 
third and fourth Saturday in September of every year.

Neuse River

    Section 117.823 Neuse River will be redesignated as Sec.  117.824 
to allow alphabetical placement and codification of Cape Fear River at 
Sec.  117.823.

Cape Fear River

    Cape Fear River will be added at new new Sec.  117.823, detailing 
the operating regulations and allowing the Cape Fear Memorial Bridge to 
remain in the closed-to-navigation position from 8 a.m. to 10 a.m. on 
the second Saturday of July of every year, and from 7 a.m. to 11 a.m. 
on the second Sunday of November of every year. The current operating 
regulations set out in 33 CFR 117.5 require the drawbridge to open on 
signal when a request to open is given.

Northeast Cape Fear River

    This proposed rule amends 33 CFR 117.829 by revising paragraph (a), 
which details the operating regulations for the Isabel S. Holmes 
Bridge.
    A new paragraph will be added to 117.829, which allows the Isabel 
S. Holmes Bridge to remain in the closed position from 8 a.m. to 10 
a.m. on the second Saturday of July of every year, and from 7 a.m. to 
11 a.m. on the second Sunday of November of every year.

Regulatory Evaluation

    This proposed 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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. We reached this conclusion based 
on the fact that the proposed changes have only a minimal impact on 
maritime traffic transiting the bridge. Mariners can plan their trips 
in accordance with the scheduled bridge openings to minimize delays.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered 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.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities because the rule only adds 
minimal restrictions to the movement of navigation, and mariners who 
plan their transits in accordance with the scheduled bridge openings 
can minimize delay.
    If you think that 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 Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, (757) 398-6222. The Coast 
Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

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

    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 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 rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

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 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 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 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 proposed rule under Executive Order 13211, 
Actions Concerning Regulations That

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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. The Administrator 
of the Office of Information and Regulatory Affairs has not designated 
it as a significant energy action. Therefore, it does not require a 
Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this proposed rule is categorically excluded, under figure 
2-1, paragraph (32)(e) of the Instruction, from further environmental 
documentation because it has been determined that the promulgation of 
operating regulations for drawbridges are categorically excluded.

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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Section 117.821 is amended by revising paragraph (a)(5) to read 
as follows:


Sec.  117.821  Atlantic Intracoastal Waterway, Albermarle Sound to 
Sunset Beach.

    (a) * * *
    (5) S.R. 74 Bridge, mile 283.1, at Wrightsville Beach, NC, between 
7 a.m. and 7 p.m., the draw need only open on the hour; except that 
from 7 a.m. to 11 a.m. on the third and fourth Saturday in September of 
every year, the draw need not open for vessels due to the Triathlon 
run.
* * * * *


Sec.  117.823  [Redesignated]

    3. Redesignate Sec.  117.823 as Sec.  117.824.
    4. Add new Sec.  117.823 to read as follows:


Sec.  117.823  Cape Fear River.

    The draw or the Cape Fear Memorial Bridge, mile 26.8, at Wilmington 
need not open for the passage of vessel from 8 a.m. to 10 a.m. on the 
second Saturday of July of every year, and from 7 a.m. to 11 a.m. on 
the second Sunday of November of every year.
    5. Section 117.829 is amended by adding a new paragraph (a)(4) to 
read as follows:


Sec.  117.829  Northeast Cape Fear River

    (a) * * *
    (4) From 8 a.m. to 10 a.m. on the second Saturday of July of every 
year, and from 7 a.m. to 11 a.m. on the second Sunday of November of 
every year, the draw need not open for vessels.
* * * * *

    Dated: September 20, 2005.
S.H. Ratti,
Captain, U. S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 05-19664 Filed 9-30-05; 8:45 am]
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