[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Proposed Rules]
[Pages 26038-26040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8723]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-07-026]
RIN 1625-AA09


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway 
(AIWW), Sunset Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to change the drawbridge 
operating regulations that govern the S.R. 1172 Bridge, at Atlantic 
Intracoastal Waterway mile 337.9, Sunset Beach, NC. This proposal would 
allow the bridge to open on the hour on signal for pleasure vessels 
from 7 a.m. to 9 p.m. year round. The reason for this change would be 
to improve the schedule for both roadway and waterway users.

DATES: Comments and related material must reach the Coast Guard on or 
before June 22, 2007.

ADDRESSES: You may mail comments and related material to Commander 
(dpb), 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 (dpb), 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 CGD05-07-
026, 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 (dpb), 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 S.R. 1172 Bridge at Sunset Beach has zero vertical clearance to 
vessels when in the closed position at mean high water.
    The North Carolina Department of Transportation (NCDOT) owns and 
operates this single-lane, floating steel-barge, swing-span referred to 
as a pontoon drawbridge. Current regulations set out at 33 CFR 117.821 
(a)(5) require the bridge to open on signal for commercial vessels at 
all times; and on the hour on signal for pleasure vessels between 7 
a.m. and 7 p.m., April 1 to November 30, except that on Saturdays, 
Sundays, and Federal holidays, from June 1 through September 30, the 
bridge shall open on signal on the hour between 7 a.m. and 9 p.m.
    NCDOT and the residents of the Town of Sunset Beach requested a 
change to the operating regulations for the S.R. 1172 Bridge in an 
effort to improve the schedule for both roadway and waterway users. The 
S.R. 1172 Bridge provides the only route on and off Sunset Beach 
Island. This proposal would not change the requirement for the bridge 
to open on signal at any time for commercial vessels.
    The Coast Guard reviewed the bridge logs for 2005 and 2006 provided 
by NCDOT which illustrate a small decrease in the numbers of vessels 
passing through the bridge during the spring, summer, and fall over the 
past year. Most vessels transiting the area in the spring and fall are 
operated by owners commonly referred to as ``snowbirds''. Owners of 
these transitory recreational vessels are either traveling north to 
south towards a warmer climate in the fall or south to north towards a 
cooler climate in the spring which can result in frequent bridge 
openings due to increased vessel numbers. During the spring and fall 
months, the flow of recreational vessels is constant.
    There were approximately 10,461 and 11,429 vessel passages 
occurring in 2006 and 2005, respectively, over an eight-month period 
(during the peak boating season from April to November) according to 
records furnished by the NCDOT. (See Table A)

                                                                         Table A
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    JAN          FEB          MAR          APR          MAY          JUN          JUL          AUG          SEPT         OCT          NOV         DEC
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                                                                Bridge Openings for 2006
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      233          191          307          392          436          394          451          392          349          386         326         317
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                                                                 Boat Passages for 2006
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      273          157          463         1207         1659         1538         1486         1024          921         1234        1392         481
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                                                                Bridge Openings for 2005
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      218          165          313          322          441          439          474          413          327          393         331         297
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[[Page 26039]]

 
                                                                 Boat Passages for 2005
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      294          211          532         1041         1767         1438         1639         1152          834         1302        2256         538
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Based on the above information, we have proposed to change the 
regulations that govern the S.R. 1172 Bridge in regards to pleasure 
vessels to open on the hour on signal between 7 a.m. and 9 p.m., year-
round. At all other times, the draw shall open on demand. The proposal 
will facilitate pleasure vessels in navigating the Atlantic 
Intracoastal Waterway, while also helping to ease vehicular traffic 
congestion. The bridge will continue to open on signal at any time for 
commercial vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.821, by revising 
paragraph (a)(5) for pleasure vessels to read ``shall open on the hour 
on signal from 7 a.m. to 9 p.m.''

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 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 
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.

[[Page 26040]]

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, 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 made a preliminary determination 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, we believe that this rule should 
be 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. However, comments on this section will be 
considered before the final rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    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. In Sec.  117.821, paragraph (a)(5) is revised to read as 
follows:


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

* * * * *
    (a) * * *
    (5) S.R. 1172 Bridge, mile 337.9, at Sunset Beach, NC, shall open 
on the hour on signal between 7 a.m. to 9 p.m.
* * * * *

    Dated: April 9, 2007.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E7-8723 Filed 5-7-07; 8:45 am]
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