[Federal Register Volume 77, Number 84 (Tuesday, May 1, 2012)]
[Proposed Rules]
[Pages 25652-25655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10415]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0193]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway 
(AIWW), at Wrightsville Beach, NC; Cape Fear and Northeast Cape Fear 
River, at Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs three North Carolina Department of Transportation (NCDOT) 
bridges: The S.R. 74 Bridge, across the AIWW, mile 283.1 at 
Wrightsville Beach, NC; the Cape Fear Memorial Bridge across the Cape 
Fear River, mile 26.8; and the Isabel S. Holmes Bridge across the 
Northeast Cape Fear River, mile 1.0; both at Wilmington, NC. The 
proposed modification will alter the

[[Page 25653]]

dates and times these bridges are allowed to remain in the closed 
position to accommodate the time and route change of the annual YMCA 
Tri Span 5K & 10K races.

DATES: Comments and related material must reach the Coast Guard on or 
before July 2, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0193 using any one of the following methods:
    (1) Federal eRulemaking Portal:  http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Lindsey Middleton, Fifth District Bridge Program, 
Coast Guard; telephone 757-398-6629, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0193), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2012-0193'' in the ``Keyword'' 
box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0193'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain 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.

B. Regulatory History and Information

    The current operating schedule for the S.R. 74 Bridge at 
Wrightsville Beach, NC, the Cape Fear Memorial Bridge and the Isabel S. 
Holmes Bridge both at Wilmington, NC are located at 33 CFR 
117.821(a)(4), 33 CFR 117.823, and 33 CFR 117.829(a) respectively. All 
three operating regulations were last amended on May 27, 2011 regarding 
an unrelated issue. There have been no previous publications or other 
efforts to reach out to the public in the development of the proposed 
rule modifications because these races are annual races that mariners 
are familiar with and this proposed rule makes minor adjustments to the 
times the bridges will be unable to open.

C. Basis and Purpose

    The YMCA Tri Span 5K and 10K races are annual events that are held 
in the Wrightsville Beach and Wilmington, NC areas. Recently, the 
Wilmington Family YMCA made a permanent change to both the time and 
route of the events. The races will continue to be held on the second 
Saturday of July of every year; however, the events will now begin and 
end an hour earlier (7 a.m. to 9 a.m.) and the race routes will now 
include the S.R. 74 Bridge. As a result, the Wilmington Family YMCA, on 
behalf of NCDOT, is requesting a change to the current operating 
regulations for the S.R. 74 Bridge, the Cape Fear Memorial Bridge, and 
the Isabel S. Holmes Bridge. This proposal would allow the bridges to 
remain in the closed position from 7 a.m. to 9 a.m. on the second 
Saturday of July of every year.
    The S.R. 74 Bridge is a double-leaf bascule drawbridge across AIWW, 
mile 283.1, at Wrightsville Beach, NC. It has a vertical clearance of 
20 feet at mean high water in the closed position. The Cape Fear 
Memorial Bridge is a vertical-lift bridge across the Cape Fear River, 
mile 26.8, at Wilmington, NC. It has a vertical clearance of 65 feet at 
mean high water in the closed position. The Isabel S. Holmes Bridge is 
a double-leaf bascule drawbridge, at mile 1.0, at

[[Page 25654]]

Wilmington, NC with a vertical clearance of 40 feet at mean high water 
in the closed position.

D. Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.821(a)(4) for the S.R. 
74 Bridge, mile 283.1 at Wrightsville Beach, NC to allow the bridge to 
remain in the closed position from 7 a.m. to 9 a.m. on the second 
Saturday of July of every year. The Coast Guard proposed to amend 33 
CFR 117.823 and 33 CFR 117.829(a)(4) for the Cape Fear Memorial Bridge 
and the Isabel S. Holmes Bridge, respectively, to allow the bridges to 
remain in the closed position from 7 a.m. to 9 a.m. on the second 
Saturday of July of every year from the current closure times of 8 a.m. 
to 10 a.m. on the second Saturday of July of every year. The amendments 
to these operating regulations will allow the bridges to remain in the 
closed position for the racers of the annual YMCA Tri Span 5K & 10K 
races to safely cross the bridges. The Coast Guard will issue Local 
Notices to Mariners and Broadcast Notices to Mariners every year to 
remind mariners of the annual closures which will allow them to plan 
their scheduled transits accordingly.
    There are no alternative routes available to vessels transiting 
these waterways. Vessels that can transit under the bridges without an 
opening may do so at any time. The bridges will be able to open for 
emergencies.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    The proposed changes are expected to have minimal impacts on 
mariners due to the short duration that the moveable bridges will be 
maintained in the closed position. The races have been reserved in 
years past with little to no impact to marine traffic. It is also a 
necessary measure to facilitate public safety that allows for the 
orderly movement of participants before, during, and after the races.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. 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 affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
needing to transit any of the effected bridges from 7 a.m. to 9 a.m. on 
the second Saturday of July of every year.
    This action will not have a significant economic impact on a 
substantial number of small entities because the rule adds minimal 
restrictions to the movement of navigation and mariners who plan their 
transits in accordance with the scheduled bridge closures can minimize 
delay. Vessels that can safely transit under the bridges may do so at 
any time.
    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.

3. 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 the person listed in the FOR 
FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it does not have implications for federalism.

6. 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 (adjusted for 
inflation) 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.

7. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

8. 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.

9. 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.

10. 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 25655]]

11. 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.

12. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and 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 this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this 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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

    2. In Sec.  117.821 revise paragraph (a)(4) to read as follows:


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

    (a) * * *
    (4) S.R. 74 Bridge, mile 283.1, at Wrightsville Beach, NC, between 
7 a.m. and 7 p.m., the draw need only open on the hour; except that 
from 7 a.m. to 9 a.m. on the second Saturday of July of every year, 
from 7 a.m. to 11 a.m. on the third and fourth Saturday of September of 
every year, and from 7 a.m. to 10:30 a.m. on the last Saturday of 
October of every year or the first or second Saturday of November of 
every year, the draw need not open for vessels due to annual races.
* * * * *
    3. Revise Sec.  117.823 to read as follows:


Sec.  117.823  Cape Fear River.

    The draw of the Cape Fear Memorial Bridge, mile 26.8, at Wilmington 
need not open for the passage of vessels from 7 a.m. to 9 a.m. on the 
second Saturday of July of every year, and from 7 a.m. to 11 a.m. on 
the first or second Sunday of November of every year to accommodate 
annual races.
    4. In Sec.  117.829 revise paragraph (a)(4) to read as follows:


Sec.  117.829  Northeast Cape Fear River.

    (a) * * *
    (4) From 7 a.m. to 9 a.m. on the second Saturday of July of every 
year, from 12 p.m. to 11:59 p.m. on the last Saturday of October or the 
first or second Saturday of November of every year, and from 7 a.m. to 
11 a.m. on the first or second Sunday of November of every year, the 
draw need not open for vessels to accommodate annual races.
* * * * *

    Dated: April 11, 2012.
Lincoln D. Stroh,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 2012-10415 Filed 4-30-12; 8:45 am]
BILLING CODE 9110-04-P