[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Rules and Regulations]
[Pages 23847-23849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09549]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0197]
RIN 1625-AA09


Drawbridge Operation Regulations; North Carolina Cut, Atlantic 
Intracoastal Waterway (AIWW), Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the operating schedule 
that governs the operation of the S.R. 74 Bridge, at AIWW mile 283.1, 
over the North Carolina Cut, at Wrightsville Beach, NC. This rule 
restricts the operation of the draw span to facilitate the additional 
unforeseen structural repair of the bridge. This change allows the 
bridge to open on a two hour advance notification at night so the 
necessary repairs may be made while still providing reasonable needs of 
navigation.

DATES: This rule is effective from April 23, 2013 until 7 a.m. on March 
1, 2014, and has been enforced with actual notice since 7 p.m. on April 
16, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2013-0197. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Mr. Jim Rousseau, Bridge Management 
Specialist, Coast Guard, telephone (757) 398-6422, email 
[email protected]. If you have questions on reviewing the 
docket, call Barbara Hairston, Program Manager, Docket Operations, 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    The Coast Guard published a temporary deviation (77 FR 64411) on 
October 22, 2012, which allowed the bridge to operate under a 
restricted schedule until March 15, 2013, so structural repairs could 
be made to the bridge. The Coast Guard is issuing this temporary final 
rule without prior notice and opportunity to comment pursuant to 
authority under section 4(a) of the Administrative Procedure Act (APA) 
(5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule 
without prior notice and opportunity to comment when the agency for 
good cause finds that those procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 
553(b), the Coast Guard finds that good cause exists for not publishing 
a notice of proposed rulemaking (NPRM) with respect to this rule 
because it is impracticable. The Coast Guard did not learn of the 
severity of the bridge damage and necessity of the repairs until after 
the previous deviation period ended. The repairs that are the subject 
of this regulation need to be undertaken as soon as possible to ensure 
safe use of the bridge.
    On March 22, 2013, the Coast Guard received a letter from the 
bridge owner identifying additional structural problems with the bridge 
that would require work to continue under an altered bridge operating 
schedule. After coordination with the bridge owner and contractor, the 
Coast Guard established a maintenance schedule. The necessary repairs 
are more extensive and will require a longer alteration period from the 
bridge schedule. As of the effective date, emergency work will be 
ongoing at the bridge in accordance with the schedule set forth in this 
document. Forgoing notice and comment will minimize disruption to the 
work already underway, provide for the reasonable needs of navigation, 
and allow for an efficient course of repairs in order to eventually 
return this bridge to its regular operating schedule, and thus, any 
delay is impracticable.
    Under 5 U.S.C. 553(d)(3), for the same reasons as discussed above, 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register.

B. Basis and Purpose

    The North Carolina Department of Transportation, which owns and 
operates this bascule lift bridge, has

[[Page 23848]]

requested a temporary change to the existing operating regulations set 
out in 33 CFR 117.821 (a)(4), to facilitate the additional emergency 
structural repair of the bridge. The current operating schedule opens 
on the hour from 7 a.m. to 7 p.m. and on demand during the rest of the 
day.
    The S.R. 74 Bridge, at AIWW mile 283.1, over the North Carolina 
Cut, at Wrightsville Beach, NC has unlimited vertical clearances in the 
open position and closed position of 20 feet above mean high water 
respectively.
    The Coast Guard initially published a temporary deviation (77 FR 
64411) on October 22, 2012, which allowed the bridge to operate under a 
restricted schedule until March 15, 2013, to accommodate for repair. 
However, the repairs are more extensive than initially contemplated and 
were not discovered until the end of the project. A contract extension 
was granted and a formal request to continue work by letter was 
received on March 22, 2013. Therefore, in order to facilitate the 
required additional repair work and to minimize the impact on 
navigation, from April 16, 2013, to March 1, 2014, the bridge shall 
open providing 2-hour advance notice during the evening and early 
morning hours when impact to navigation will be the least. The 
temporary final rule is needed to complete extensive work on the 
bridge.
    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 recreational and 
commercial fishing vessel traffic at night. There are fewer openings at 
night for mariners, making it a more suitable time to restrict the 
operation of the drawbridge. There are no alternate routes for vessels 
transiting this section of the North Carolina.

C. Discussion of Temporary Final Rule

    Under this temporary final rule the Coast Guard is temporarily 
revising the operating regulations at 33 CFR 117.821 by suspending the 
current regulation listed at 33 CFR 117.821(a)(4) and adding the 
revised regulation at 33 CFR 117.821(a)(6). The regulation will now 
read that between 7 a.m. and 7 p.m., the draw need only open on the 
hour and from 7 p.m. to 7 a.m. need not open, except with a two hour 
advance notice. The remainder of 33 CFR 117.821 will remain unchanged. 
This temporary final rule is necessary because of additional problems 
discovered on the bridge.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 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. This change is not a 
significant regulatory action because it is expected to have minimal 
impact on mariners since the operating hours effected are during the 
evening and early morning when vessel traffic is at a minimum. The 
Coast Guard has carefully coordinated the restrictions with commercial 
and recreational waterway users.

2. Impact on Small Entities

    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 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 action will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect from 7 p.m. to 7 a.m. with two hour notification 
for opening when vessel traffic is low. Vessels that can safely transit 
under the bridge 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 proposed 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. 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 rule calls 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 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 taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This 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 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.

[[Page 23849]]

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

    This action 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 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 involves the change to the operating schedule 
for the Wrightsville Beach Bridge in order to accommodate necessary 
repair. 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. In Sec.  117.821, from 7 a.m. on April 16, 2013, through 7 p.m. on 
March 1, 2014, suspend paragraph (a)(4) and add paragraph (a)(6) to 
read as follows:


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

    (a) * * *
    (6) 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 and from 7 p.m. to 
7 a.m. need not open, except with a two hour advance notice; 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.
* * * * *

    Dated: April 4, 2013.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2013-09549 Filed 4-22-13; 8:45 am]
BILLING CODE 9110-04-P