[Federal Register Volume 71, Number 136 (Monday, July 17, 2006)]
[Rules and Regulations]
[Pages 40418-40420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11274]



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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), Great Dismal Swamp Canal, South Mills, NC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing regulations that govern the 
operation of the new Great Dismal Swamp Canal Bridge, at the Alternate 
Route of the Atlantic Intracoastal Waterway (AICW) mile 28.0, in South 
Mills, NC. The final rule 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 the Great Dismal Swamp, and vessel navigation.

DATES: This rule is effective August 16, 2006.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-06-017 and are available for inspection or 
copying at Commander (dpb), Fifth Coast Guard District, Federal 
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. The Fifth Coast Guard District maintains the public docket 
for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Bill H. Brazier, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6422.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On April 6, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulation; Atlantic 
Intracoastal Waterway (Alternate Route), Great Dismal Swamp Canal, NC'' 
in the Federal Register (66 FR 17394). We received one comment on the 
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    The North Carolina Department of Parks and Recreation (NC Parks and 
Recreation) will own and operate this new swing-type bridge at the 
Alternate Route of the AICW mile 28.0 across the Great Dismal Swamp 
Canal. This final rule will allow the new Great Dismal Swamp Canal 
Bridge to remain open to vessel traffic, closing only for pedestrian 
crossings and periodic maintenance. This rule will also allow the Great 
Dismal Swamp Canal Bridge to be operated by the Park Service Rangers at 
the Great Dismal Swamp Visitors Center. The controller will also 
monitor marine channel 13.0.
    The final 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 Great Dismal Swamp.

Discussion of Comments and Changes

    The Coast Guard received one comment from the NC Parks and 
Recreation. The NC Parks and Recreation provided the following 
information to correct slight inaccuracies in the background and 
purpose of this rule: (1) The Park Service Rangers at the Great Dismal 
Swamp Visitors Center will not operate the new bridge at a remote 
location; (2) There are no closed circuit cameras or infrared sensors 
installed; and (3) There will be no nighttime operation of the new 
bridge since the Deep Creek Lock System, which provides access to and 
from the Alternate Route of the AICW Great Dismal Swamp, functions 
daily only at 8:30 a.m., 11 a.m., 1:30 p.m. and 3:30 p.m., therefore 
installation of the channel traffic lights will not be required.
    The Coast Guard has incorporated the following changes: Insert the 
word ``Great'' preceding the phrase ``Dismal Swamp Canal''. This will 
accurately reflect the proper name used for this waterway.
    Revise paragraph (b) to read ``The bridge shall be operated by the 
Park Service Rangers at the Great Dismal Swamp Visitors Center.'' 
Remove in paragraphs (b) and (c) the sentences: ``The remote operator 
shall monitor vessel traffic with closed circuit cameras and infrared 
sensors covering the swing radius.'' And, ``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'', respectively.
    In paragraph (d), remove the word ``remote''. Revise paragraph (e) 
to read ``Before closing the draw, 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.'' Revise paragraph (f) to read 
``When pedestrian traffic has cleared, the horn will sound one 
prolonged blast followed by one short blast to indicate the draw is 
opening to vessel traffic.''

Discussion of Rule

    The Coast Guard will adopt new regulations to govern the operation 
of the Great Dismal Swamp Canal Bridge, at mile 28.0, in South Mills, 
NC. The Coast Guard will insert this new specific regulation at 33 CFR 
117.820. The final rule will allow the draw of the bridge to be 
operated by Park Service Rangers at the Great 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 subpart A of this part.
    Before the Great Dismal Swamp Visitor Center Bridge closes for any 
reason, the 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 Great 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.
    Before closing the draw, 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.
    When pedestrian traffic has cleared, the horn will sound one 
prolonged blast followed by one short blast to indicate that the draw 
of the Great Dismal Swamp Canal Bridge is about to return to its full 
open position to vessels.

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

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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 proposed changes have only a minimal impact on maritime 
traffic transiting the bridge. Although the Great Dismal Swamp Canal 
Bridge will be untended and operated by Park Service Rangers at the 
Great Dismal Swamp Visitors Center, 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 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 for the following reason. The rule 
allows the Great Dismal Swamp Canal Bridge to be operated by Park 
Service Rangers at the Great Dismal Swamp Visitors Center 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.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. No 
assistance was requested from any small entity.

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 would not effect 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 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.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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.

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:


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    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; Sec.  117.255 also issued 
under the authority of Public Law 102-587, 106 Stat. 5039.


0
2. Add new Sec.  117.820 to read as follows:


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

    The draw of the Great 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 operated by the Park Service Rangers at the 
Great Dismal Swamp Visitors Center. Operational information will be 
provided 24 hours a day on marine channel 13.
    (c) The bridge shall not be operated when the operator's visibility 
is impaired.
    (d) Before the bridge closes for any reason, the operator will 
monitor waterway traffic in the area. The bridge shall 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 bridge is 
moving, the operator shall maintain constant surveillance of the 
navigation channel.
    (e) Before closing the draw, 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.
    (f) When pedestrian traffic has cleared, the horn will sound one 
prolonged blast followed by one short blast to indicate the draw is 
opening to vessel traffic.

    Dated: July 3, 2006.
L.L. Hereth,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. E6-11274 Filed 7-14-06; 8:45 am]
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