[Federal Register Volume 73, Number 73 (Tuesday, April 15, 2008)]
[Rules and Regulations]
[Pages 20172-20173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7931]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-0241]


Drawbridge Operation Regulation; Cape Fear River, Wilmington, NC; 
Bridge Inspection

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Fifth Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
Cape Fear River Memorial Bridge, mile 26.8 at Wilmington, NC. Under 
this deviation, a one-hour advance notice is required for bridge 
openings, to allow bridge inspectors time to remove test equipment 
connected to operating components used in bridge openings.

DATES: This deviation is effective from 6 a.m. on April 28, 2008, to 
11:59 p.m. on May 8, 2008.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2008-0241 and are available online 
at www.regulations.gov. They are also available for inspection or 
copying at two locations: The Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays, and the 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.

FOR FURTHER INFORMATION CONTACT: Gary S. Heyer, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6629.

SUPPLEMENTARY INFORMATION: North Carolina Department of Transportation, 
who owns and operates the Cape Fear River Memorial Bridge, requested a 
deviation from the operating regulations to facilitate inspection of 
the bridge.
    In the closed position to navigation, the drawbridge has a vertical 
clearance of 65 feet above mean high water. The current operating 
regulations set out in 33 CFR 117.823 allow the draw 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; and require the draw to open on signal at all 
other times in accordance with 33 CFR 117.5.
    The Cape Fear River Memorial Bridge is inspected annually on 
varying dates. During this inspection, vessel operators with mast 
height lower than 65 feet will continue to be able to transit through 
the drawbridge. There are not alternate routes for vessels with a mast 
height greater than 65 feet.
    To allow bridge inspectors time to remove test equipment connected 
to

[[Page 20173]]

operating components used in bridge openings, a one-hour advance notice 
will be required for bridge openings beginning at 6 a.m. on Monday, 
April 28, 2008, until and including 11:59 p.m. on Thursday, May 8, 
2008.
    The Coast Guard reviewed the bridge logs provided by NCDOT for 
April and May in 2007 which revealed that vessel traffic is primarily 
commercial with a small amount of recreational. The number of bridge 
openings for commercial traffic averages about 25 openings per month, 
with about two openings per month for recreational craft.
    The Coast Guard will inform the users of the waterway via maritime 
advisories of the restriction for bridge openings so that vessels can 
arrange their transits to minimize any impact caused by the temporary 
deviation. In addition, qualified personnel will be on-site to open the 
drawbridge for vessels in the event of an emergency.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the designated 
time period. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.
    We analyzed this temporary deviation 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). The 
environmental impact that this temporary deviation will have is minimal 
because the drawbridges being closed to vessels to perform routine 
maintenance, will not result in a change in functional use, or an 
impact on a historically significant element or setting.

    Dated: April 7, 2008.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch Fifth Coast Guard District.
 [FR Doc. E8-7931 Filed 4-14-08; 8:45 am]
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