[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Rules and Regulations]
[Pages 36194-36196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10051]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-06-047]
RIN 1625-AA09


Drawbridge Operation Regulation: Beaufort (Gallants) Channel, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the regulations that 
govern the operation of the U.S. 70 Bridge across Beaufort (Gallants) 
Channel, mile 0.1, at Beaufort, NC. The rule allows the bridge to 
remain in the closed-to-navigation position from midnight on June 30, 
2006, until and including 9 p.m. on July 5, 2006, to facilitate the 
Pepsi America Sail 2006 event.

DATES: This rule is effective from midnight on June 30, 2006 to 9 p.m. 
on July 5, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, is part of docket CGD05-06-047 and are available for 
inspection or copying at Commander (dpb), Fifth Coast Guard District, 
Federal Building, 1st Floor, 431 Crawford Street, Portsmouth, Virginia 
23704-5004 between 8 a.m. and 4:30 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (757) 398-6587. Fifth 
District maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Terrance Knowles, Environmental 
Protection Specialist, Fifth Coast Guard District, at (757) 398-6587.

SUPPLEMENTARY INFORMATION:

Good Cause for Not Publishing an NPRM

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. This rule is necessary due to 
the high volume of pedestrians (approximately 400,000) that are 
expected to attend this event and as such it has been coordinated with 
local marinas and the North Carolina Department of Transportation 
(NCDOT). We believe that it is not necessary to draft or publish an 
NPRM in advance of the requested start date for this bridge closure due 
to the availability of an alternate maritime route. The bridge closure 
is also a necessary measure to ensure public safety by allowing for the 
orderly movement of vehicular traffic before, during and after the 
Pepsi America Sail 2006 event.

Good Cause for Making Rule Effective in Less Than 30 Days

    Under 5 U.S.C. 533(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. A 30-day delayed effective date is 
unnecessary due to the availability of an alternate local route for 
mariners, through Morehead City on the Atlantic Intracoastal Waterway, 
which is the result of coordination with local marine facilities. Good 
cause also exists for making this rule effective in less than thirty 
days to ensure the public interest. The event is scheduled for June 30, 
2006, until and including July 5, 2006 and immediate action is 
necessary to ensure public safety and provide for the orderly movement 
of participants and vehicular traffic during the Pepsi America Sail 
2006 event.

Background and Purpose

    In the closed-to-navigation position, the U.S. 70 Bridge, at mile 
0.1, across Beaufort (Gallants) Channel, has a vertical clearance of 
approximately 13 feet above mean high water. The existing regulations 
are outlined at 33 CFR 117.822.
    On behalf of NCDOT, who owns and operates the U.S. 70 Bridge, 
organizers of the Pepsi America Sail 2006 requested a temporary change 
to the operating regulations for the U.S. 70 Bridge to facilitate the 
event.

[[Page 36195]]

Approximately 10-12 tall ships will moor in the area and provide 
opportunities for visitors to tour the vessels. The Pepsi Sail event is 
expected to draw approximately 400,000 pedestrians with vehicles to the 
region for this 4th of July holiday weekend. The bridge serves as a 
primary traffic route for vehicles attending the event. Disruption of 
this route to accommodate routine maritime traffic along this waterway 
would significantly impact public safety by not allowing for the 
orderly movement of participants and vehicular traffic before, during 
and after the event.
    According to the bridge logs provided by NCDOT, the information 
showed that in 2005 from June 30 until July 5, the drawbridge opened on 
average approximately 28 times daily for recreational waterway traffic. 
Vessel openings will be arranged by NCDOT for tall ships with mast 
heights greater than 65 feet. Vessels with mast height greater than 13 
feet but less than 64 feet will be directed to transit the alternate 
route along the Intracoastal Waterway (ICW) in Morehead City. The U.S. 
70 (fixed) Bridge, along the alternate route, at ICW mile 203.8, which 
spans Newport River, in Morehead City, has a vertical clearance of 
approximately 65 feet above mean high water.
    The Coast Guard has informed vessel operators, through local 
marinas, of the closure period for the U.S. 70 Bridge across Beaufort 
(Gallants) Channel, and openings will be arranged by NCDOT for tall 
ships with mast heights greater than 65 feet. Vessels with mast heights 
greater than 13 feet but less than 64 feet will be directed to use the 
alternate route along the Intracoastal Waterway (ICW) in Morehead City 
to minimize the impact to public safety by allowing for the orderly 
movement of participants and vehicular traffic before, during and after 
the event. Vessels with mast heights lower than 13 feet can still 
transit through the drawbridge and waterway during this event, since 
the waterway will remain open.

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 final rule to be so minimal 
that a full Regulatory Evaluation under the regulatory policies and 
procedures of DHS is unnecessary.
    This conclusion was based on the fact that this rule will have 
minimal impact on maritime traffic transiting this area. Since Beaufort 
(Gallants) Channel will remain open to navigation during this event, 
mariners with mast height less than 13 feet may still transit through 
the bridge. Vessel openings will be arranged by NCDOT for tall ships 
with mast heights greater than 65 feet to transit the U.S. 70 Bridge 
across Beaufort (Gallants) Channel. Vessels with mast heights greater 
than 13 feet but less than 64 feet can transit through the local 
alternate route, through the U.S. 70 (fixed) Bridge, at ICW mile 203.8, 
which spans Newport River, in Morehead City.

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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will not have a significant economic impact on a 
substantial number of small entities because even though the rule 
closes the U.S. 70 Bridge to mariners, openings will be arranged by 
NCDOT for tall ships with mast heights greater than 65 feet. Mariners 
whose mast heights are greater than 13 feet but less than 64 feet will 
be able to transit U.S. 70 (fixed) Bridge, at ICW mile 203.8, which 
spans Newport River, in Morehead City. Those with mast heights less 
than 13 feet will still be able to transit through the bridge during 
the closed hours.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on this action of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

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 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 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 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

[[Page 36196]]

13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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. 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.lD, 
and Department of Homeland Security Management Directive 5100.1, 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. Under figure 2-1, paragraph (32)(e), of the Instruction, 
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are not required for this rule.

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 REGULATION

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


0
2. From midnight on June 30, 2006, to 9 p.m. on July 5, 2006 in 
(117.822, suspend paragraphs (a) and (b) and add a new paragraph (c) to 
read as follows:


Sec.  117.822  Beaufort Channel.

* * * * *
    (c) From midnight on June 30, 2006, to 9 p.m. on July 5, 2006, the 
U.S. 70 Bridge, mile 0.1, at Beaufort NC, may remain closed to 
navigation.

    Dated: June 15, 2006.
Larry L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
 [FR Doc. E6-10051 Filed 6-23-06; 8:45 am]
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