[Federal Register Volume 77, Number 162 (Tuesday, August 21, 2012)]
[Rules and Regulations]
[Pages 50376-50378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20481]


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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); Wrightsville Beach, NC; Cape Fear and Northeast Cape Fear 
River; Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying 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 in Wilmington, NC. The 
modification will alter the 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: This rule is effective September 20, 2012.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2012-0193 and are available online by 
going to http://www.regulations.gov, by inserting USCG-2012-0193 in the 
``Keyword'' box, and then clicking ``Search''. This material is also 
available for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Terrance A. Knowles, Environmental Protection Specialist, 
Fifth Coast Guard District; telephone (757) 398-6587, 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:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On May 1, 2012 we published a notice of proposed rulemaking (NPRM) 
entitled ``Drawbridge Operation Regulation; Atlantic Intracoastal 
Waterway (AIWW), at Wrightsville Beach, NC; Cape Fear and Northeast 
Cape Fear River, at Wilmington NC'' in the Federal Register (77 FR 
25652). We received no comments on the published NPRM. No public 
meeting was requested, and none was held. 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 117.822, 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 other publications or efforts to reach out to the public in the 
development of this rule modification because these races are annual 
races that mariners are familiar with and this rule makes minor 
adjustments to the times the bridges will be unable to open.

B. 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, requested a change to the operating regulations for 
the S.R. 74 Bridge, the Cape Fear Memorial Bridge, and the Isabel S. 
Holmes Bridge. This final rule allows the bridges to

[[Page 50377]]

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 
above mean high water in the closed position. The Isabel S. Holmes 
Bridge is a double-leaf bascule drawbridge with a vertical clearance of 
40 feet at mean high water in the closed position.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided sixty days for review but received no 
comments on the NPRM. The Coast Guard is amending 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 is amending 
33 CFR 117.822 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.

D. Regulatory Analyses

    We developed this 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 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 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 of 1980 (RFA), (5 U.S.C. 601-
612), as amended, requires federal agencies to consider the potential 
impact of regulations on small entities during rulemaking. 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 received no comments 
from the Small Business Administration on this rule. The Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities.
    This 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.

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 rule. 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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.

4. Collection of Information

    This rule will 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 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 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 rule will not cause a taking of private property or otherwise 
have

[[Page 50378]]

taking implications under Executive Order 12630, Governmental Actions 
and Interference with Constitutionally Protected Property Rights.

9. Civil Justice Reform

    This rule meets the 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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

    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.

13. Technical Standards

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

14. 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 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:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.821(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.
* * * * *

0
3. Revise Sec.  117.822 to read as follows:


Sec.  117.822  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.

0
4. Revise Sec.  117.829(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: August 8, 2012.
Stephen H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2012-20481 Filed 8-20-12; 8:45 am]
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