[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Proposed Rules]
[Pages 47787-47789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19602]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2012-0628]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway 
(AIWW), Newport River, Morehead City, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to temporarily change the operating 
schedule that governs the Carolina Coastal Railroad Bridge, at AIWW 
mile 203.8, across Newport River in Morehead City, NC. This bridge is 
presently maintained in the open position except when closure is 
necessary for train crossings. This change would allow the bridge to 
remain closed at night so that necessary repairs may be made with the 
least possible impact to navigation.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 10, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0628 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 Terrance A. Knowles, Environmental Protection 
Specialist, Fifth Coast Guard District, at (757) 398-6587, 
[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 material. 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-2012-0628), 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 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

[[Page 47788]]

``USCG-2012-0628'' 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-2012-0628'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit either 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 regulations, under the general requirements set out at 
33 CFR 117.5, require that the Carolina Coastal Railroad Bridge, at 
AIWW mile 203.8, across Newport River in Morehead City NC, shall open 
promptly and fully for the passage of vessels when a request to open is 
given. However, the drawbridge is currently maintained in the open to 
navigation position at all times and closes for passing trains.
    In the closed position to vessels, this single-leaf bascule 
drawbridge has a vertical clearance of 4 feet above mean high water.

C. Basis and Purpose

    The North Carolina Department of Transportation (NCDOT), who owns 
and operates this bascule-type railroad bridge, has requested a 
temporary change to the existing operating regulations to facilitate 
repair of existing structural steel, strengthening of the main bascule 
girders and upgrading the obsolete drive system.
    To facilitate the required repair work and to minimize the impact 
on navigation, from October 1, 2012 to October 1, 2013 the drawbridge 
would operate as follows: (1) From 5 a.m. to 8:30 p.m., shall be 
maintained in the open position to vessels and would only be closed for 
the passage of trains and to perform periodic maintenance; and in the 
closed position to vessels, from 8:30 p.m. to 5 a.m., with one optional 
opening provided at 12 a.m. (midnight) for vessels providing advance 
notice before 4 p.m. on the afternoon before the requested opening.
    Vessel traffic along this part of the Atlantic Intracoastal 
Waterway consists of commercial and pleasure craft including sail 
boats, fishing boats, and tug and barge traffic, that transit mainly 
during the daylight hours with the occasional tug and barge traffic at 
night. The drawbridge is currently maintained in the open to navigation 
position at all times and closes for passing trains. Consequently, the 
number of mariners transiting through this section of the waterway is 
not based on the amount of vessel openings but on the average number of 
waterway users, which showed that there are fewer vessel openings at 
night for mariners, making it a more suitable time to restrict the 
operation of the drawbridge.

D. Discussion of Proposed Rule

    The Coast Guard would temporarily revise the operating regulations 
at 33 CFR 117.821 by adding a new paragraph(c). Paragraph(c) would 
state from October 1, 2012 to October 1, 2013, the draw of the Carolina 
Coastal Railroad Bridge shall be maintained in the open position to 
vessels, from 5 a.m. to 8:30 p.m., and would only be closed for the 
passage of trains and to perform periodic maintenance; and at night 
need not open from 8:30 p.m. to 5 a.m., except at 12 a.m. (midnight) 
for vessels providing advance notice before 4 p.m. on the afternoon 
before the requested opening.

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 a number 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 temporary changes are expected to have minimal impact 
on mariners due to the low number of vessels transiting this area at 
night. Also, a midnight vessel opening would be available each night 
for vessels requiring an opening provided that advance notice is given 
by 4 p.m. on the afternoon before the requested opening.

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 will not have a significant economic impact on a 
substantial number of small entities because the rule adds navigational 
restrictions mainly to the movement of vessels during a time when there 
is less traffic at night. Most commercial traffic will leave and return 
during the day. The proposed rule would possibly affect small entities 
such as owners/operators of vessels with limited drawbridge openings 
from 8:30 p.m. to 5 a.m. To minimize delays, these vessels can plan 
their transits in accordance with the proposed opening schedule.
    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.

[[Page 47789]]

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 Terrance Knowles, Environmental 
Protection Specialist, Fifth Coast Guard District, (757) 398-6587 or 
[email protected]. 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. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this proposed 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 made a preliminary determination 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, and 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed 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, add temporary paragraph (c) to read as 
follows:

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

* * * * *
    (c) From October 1, 2012 to October 1, 2013, the draw of the 
Carolina Coastal Railroad Bridge, at mile 203.8, (Newport River) at 
Morehead City, shall operate as follows:
    (1) During the day from 5 a.m. to 8:30 p.m., shall be maintained in 
the open position to vessels and would only be closed for the passage 
of trains and to perform periodic maintenance.
    (2) At night need not open 8:30 p.m. to 5 a.m. except an opening 
would be provided at 12 a.m. (midnight) if advance notice is given 
before 4 p.m. on the afternoon before the requested opening.

    Dated: July 27, 2012.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2012-19602 Filed 8-9-12; 8:45 am]
BILLING CODE 9110-04-P