[Federal Register Volume 71, Number 20 (Tuesday, January 31, 2006)]
[Rules and Regulations]
[Pages 5008-5010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-854]


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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: Final rule.

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SUMMARY: The Coast Guard is changing 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 
rule 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: This rule is effective March 17, 2006.

ADDRESSES: The Fifth Coast Guard District maintains the docket for this 
rulemaking. Comments and material received from the public, as well as 
documents indicated in this preamble as being available in docket, are 
part of docket CGD05-05-102 and are available for inspection or copying 
at the Commander (obr), Fifth Coast Guard District, Federal Building, 
1st Floor, 431 Crawford Street, Portsmouth, Virginia 23703-5004, 
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:

Regulatory History

    On October 3, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Atlantic 
Intracostal Waterway (AICW), Cape Fear River, and Northeast Cape Fear 
River, NC'' in the Federal Register (70 FR 57524). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.

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 (U.S. 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).
    A 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 bridge will be maintained in the closed-to-
navigation position from 7 a.m. to 11 a.m. on the third or 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 races, 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 
bridge will be maintained 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 bridge will be maintained 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 races, 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 
bridge will be maintained 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 bridge will be 
maintained 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

[[Page 5009]]

allows for the orderly movement of participants and vehicular traffic 
before, during and after the races.

Atlantic Intracoastal Waterway

    This 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 at 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 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 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 Sec.  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.

Discussion of Comments and Changes

    The Coast Guard did not receive any comments on the NPRM. 
Therefore, no changes were made to the final rule.

Regulatory Evaluation

    This 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 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 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 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 rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This 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 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 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 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 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 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 would not create an 
environmental risk to health or risk to safety that might 
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 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 rule under Executive Order 13211, Actions 
Concerning Regulations That

[[Page 5010]]

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
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 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

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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.

0
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]

0
3. Redesignate Sec.  117.823 as Sec.  117.824.

0
4. Add new Sec.  117.823 to read as follows:


Sec.  117.823   Cape Fear River.

    The draw of 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.

0
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: January 20, 2006.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 06-854 Filed 1-30-06; 8:45 am]
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