[Federal Register Volume 71, Number 66 (Thursday, April 6, 2006)]
[Proposed Rules]
[Pages 17394-17397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4899]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-06-017]
RIN 1625-AA09


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway 
(Alternate Route), Dismal Swamp Canal, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish regulations that govern 
the operation of the new Dismal Swamp Canal Bridge, at the Alternate 
Route of the Atlantic Intracoastal Waterway (AICW) mile 28.0, in South 
Mills, NC. The proposed regulations will maintain a level of 
operational capabilities that will continue to provide for the 
reasonable needs of the North Carolina Department of Parks and 
Recreation Visitor Center, at Dismal Swamp, and vessel navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before June 5, 2006.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Fifth Coast Guard District, Federal Building, 4th 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: Bill H. Brazier, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6422.

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 CGD05-06-
017, 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,

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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

    The North Carolina Department of Parks and Recreation (NC Parks and 
Recreation) will own and operate this proposed new swing-type bridge at 
the Alternate Route of the AICW mile 28.0 across Dismal Swamp Canal. 
This proposed rule will allow the Dismal Swamp Canal Bridge to remain 
open to vessel traffic, closing only for pedestrian crossings and 
periodic maintenance. This proposed rule will also allow the Dismal 
Swamp Canal Bridge to be operated from a remote location at the Dismal 
Swamp Visitors Center.
    NC Parks and Recreation has installed closed circuit cameras in the 
area of the bridge mounted on the fender systems on both sides. 
Infrared sensors have also been installed to cover the swing radius of 
the bridge. This equipment enhances the controller's ability to monitor 
vessel traffic from the remote location. The controller will also 
monitor marine channel 13.
    The proposed rule will require the draw to remain in the open-to-
navigation position and only close to allow pedestrians (visitors to 
the park) to cross the bridge, and for periodic maintenance, and then 
the bridge will immediately reopen to navigation once the pedestrians 
have crossed the bridge. This will provide for an even flow of vessel 
traffic along the Dismal Swamp.

Discussion of Proposed Rule

    The Coast Guard proposes to adopt new regulations to govern the 
operation of the Dismal Swamp Canal Bridge, at mile 28.0, in South 
Mills, NC. The Coast Guard proposes to insert this new specific 
regulation at 33 CFR Sec.  117.820. The rule will allow the draw of the 
bridge to be remotely-operated by Park Service Rangers at the Dismal 
Swamp Visitors Center.
    The draw will remain in the open position for navigation and shall 
only be closed for the crossing of pedestrians and periodic maintenance 
authorized in accordance with 33 CFR Subpart A.
    Before the Dismal Swamp Visitor Center Bridge closes for any 
reason, the remote operator will monitor waterway traffic in the area. 
The bridge will only be closed if the operator's visual inspection 
shows that the channel is clear and there are no vessels transiting in 
the area.
    While the Dismal Swamp Visitor Center Bridge is moving from the 
full open to the full closed position, the operator will maintain 
constant surveillance of the navigation channel to ensure that no 
conflict with maritime traffic exists.
    In the event of failure or obstruction of monitoring equipment, the 
operator will stop and return the bridge to the full open position to 
vessels.
    Before closing the draw, the channel traffic lights will change 
from flashing green to flashing red and the horn will sound five short 
blasts. Five short blasts of the horn will continue until the bridge is 
seated and locked down to vessels, the channel traffic lights will 
continue to flash red.
    When pedestrian traffic has cleared, the horn will automatically 
sound one prolonged blast followed by one short blast to indicate that 
the draw of the Dismal Swamp Canal Bridge is about to return to its 
full open position to vessels. During the open swing movement, the 
channel traffic lights will flash red until the bridge is in the full 
open position. In the full open position to vessels, the bridge channel 
lights will flash green.

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. Although the Dismal Swamp Canal 
Bridge will be untended and operated from a remote location, mariners 
can continue their transits because the bridge will remain open to 
mariners, only to be closed for pedestrian crossings or periodic 
maintenance.

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 for the following reason. The 
rule allows the Dismal Swamp Canal Bridge to operate remotely and 
requires the bridge to remain in the open position to vessels the 
majority of the time, only closing for pedestrian crossings or periodic 
maintenance.
    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. 04-121), 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.).

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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 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); Sec.  117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Add new Sec.  117.820 immediately following the undesignated 
center heading North Carolina to read as follows:


Sec.  117.820  Atlantic Intracoastal Waterway (Alternate Route), Dismal 
Swamp Canal.

    The draw of the Dismal Swamp Canal Bridge, mile 28.0 at South 
Mills, NC, shall operate as follows:
    (a) The draw shall remain in the open position for navigation. The 
draw shall only be closed for pedestrian crossings or periodic 
maintenance authorized in accordance with Subpart A of this part.
    (b) The bridge shall be remotely operated by the Park Service 
Rangers at the Dismal Swamp Visitors Center.
    The remote operator shall monitor vessel traffic with closed 
circuit cameras and infrared sensors covering the swing radius. 
Operational information will be provided 24 hours a day on marine 
channel 13.
    (c) The bridge shall not be operated from the remote location in 
the following events: Failure or obstruction of the infrared sensors, 
closed-circuit cameras or marine-radio communications, or when remote 
operator's visibility is impaired.
    (d) Before the bridge closes for any reason, the remote operator 
will monitor waterway traffic in the area. The bridge shall only be 
closed if the off-site remote operator's visual inspection shows that 
the channel is clear and there are no vessels transiting in the area. 
While the bridge is moving, the operator shall maintain constant 
surveillance of the navigation channel.
    (e) Before closing the draw, the channel traffic lights will change 
from flashing green to flashing red, the horn will sound five short 
blasts. Five short blasts of the horn will continue until the bridge is 
seated and locked down to vessels, the channel traffic lights will 
continue to flash red.
    (f) When pedestrian traffic has cleared, the horn will 
automatically sound one prolonged blast followed by one short blast to 
indicate the draw is opening to vessel traffic. During the

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opening swing movement, the channel traffic lights will flash red until 
the bridge returns to the fully open position. In the full open 
position to vessels, the bridge channel lights will flash green.

    Dated: March 23, 2006.
L.L. Hereth,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. E6-4899 Filed 4-5-06; 8:45 am]
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