[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8173-8175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02773]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0682]
RIN 1625-AA09


Drawbridge Operation Regulation; Northeast Cape Fear River, 
Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the Isabel S. Holmes Bridge (US 74/SR 133), 
across the Northeast Cape Fear River, at mile 1.0, at Wilmington, North 
Carolina. This temporary modification will allow the drawbridge to be 
maintained in the closed position and is necessary to accommodate 
bridge maintenance.

DATES: This temporary final rule is effective without actual notice 
from February 13, 2020 through 12:01 a.m. on June 30, 2021. For the 
purposes of enforcement, actual notice will be used from 7 p.m. on 
February 1, 2020 until February 13, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2019-0682 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Michael Thorogood, Bridge Administration Branch Fifth 
District, Coast Guard, telephone 757-398-6557, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking

[[Page 8174]]

Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 19, 2019, the Coast Guard published a notice for 
proposed rulemaking entitled ``Drawbridge Operation Regulation; 
Northeast Cape Fear River, Wilmington, NC'' in the Federal Register (84 
FR 69685). The Coast Guard received one ``unrelated'' comment on this 
rule.
    We are issuing this rule and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective in less than 
30 days after publication in the Federal Register This rule will take 
immediate effect. Good cause exists because work has been ongoing and 
we have not received any negative feedback from the maritime.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Isabel S. Holmes Bridge (US 74/SR 133), across the Northeast 
Cape Fear River, at mile 1.0, at Wilmington, North Carolina, is a 
double bascule span bridge, and has a vertical clearance of 40 feet 
above mean high water in the closed position and unlimited vertical 
clearance above mean high water in the open position. The current 
operating schedule for the drawbridge is published in 33 CFR 
117.829(a).
    The North Carolina Department of Transportation, who owns and 
operates the Isabel S. Holmes Bridge (US 74/SR 133), across the 
Northeast Cape Fear River, at mile 1.0, at Wilmington, North Carolina, 
has requested this modification to allow the drawbridge to be 
maintained in the closed-to-navigation position to facilitate bridge 
maintenance of the drawbridge.
    This temporary final rule is necessary to facilitate safe and 
effective bridge maintenance of the drawbridge, while providing for the 
reasonable needs of navigation. A work platform will reduce the 
vertical clearance of the entire bridge span to approximately 34 feet 
above mean high water in the closed position. Vessels that can safely 
transit through the bridge in the closed position, with the reduced 
clearance may do so, if at least a thirty minute notice is given, to 
allow for navigation safety. The bridge will not be able to open for 
emergencies and there is no immediate alternative route for vessels 
unable to pass through the bridge in the closed position.
    Under this temporary final rule, the drawbridge will be maintained 
in the closed-to-navigation position twenty-four hours a day, seven 
days a week from 7 p.m. on February 1, 2020 through 12:01 a.m. on June 
30, 2021. The bridge will open on signal for daily scheduled openings 
at 6 a.m., 10 a.m., 2 p.m., and 7 p.m., if at least a twenty-four hour 
notice is given; except for bridge closures authorized in accordance 
with 33 CFR 117.829 (a)(4). The draw will open on signal, if at least a 
twenty-four hour notice is given, for vessels unable to transit through 
the bridge during a scheduled opening, due to the vessel's draft; 
except for bridge closures authorized in accordance with 117.829 
(a)(4). At all other times the drawbridge will operate per 33 CFR 
117.829(a).

IV. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard received one ``unrelated'' comment on this rule. 
The one comment received did not influence any changes to the 
regulatory text. Due to time restraints a change was made to the 
regulatory text from the text noted in the NPRM, we had to amend the 
start date of the closure period from ``January 1, 2020'' to ``February 
1, 2020'' as the regulation was not published prior to January 1, 2020. 
All other portions of the NPRM coincide with this current temporary 
final rule.

V. 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 and Executive Orders, and we 
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that 
vessels can still transit the bridge on signal for daily scheduled 
openings at 6 a.m., 10 a.m., 2 p.m., and 7 p.m., if at least a twenty-
four hour notice is given; except for bridge closures authorized in 
accordance with 33 CFR 117.829(a)(4). The draw will open on signal, if 
at least a twenty-four hour notice is given, for vessels unable to 
transit through the bridge during a scheduled opening, due to the 
vessel's draft; except for bridge closures authorized in accordance 
with 33 CFR 117.829(a)(4). At all other times the drawbridge will 
operate per 33 CFR 117.829(a).

B. 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 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. While some owners or operators of 
vessels intending to transit the bridge may be small entities, for the 
reasons stated in section V.A above, this rule will not have a 
significant economic impact on any vessel owner or operator.
    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.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork

[[Page 8175]]

Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    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 is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, U.S. Coast Guard Environmental Planning 
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental 
Planning Implementation Procedures (series) which guide the Coast Guard 
in complying with the National Environmental Policy Act of 1969 (NEPA) 
(42 U.S.C. 4321-4370f). We have made a determination that this action 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule promulgates the operating regulations or procedures for 
drawbridges. This action is categorically excluded from further review, 
under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard 
Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule.

G. 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.

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; DHS Delegation No. 
0170.1.


0
2. Amend Sec.  117.829 by adding paragraph (a)(5) to to read as 
follows:


Sec.  117.829  Northeast Cape Fear River.

    (a) * * *
    (5) From 7 p.m. on February 1, 2020, through 12:01 a.m. on June 30, 
2021, the draw will be maintained in the closed-to-navigation position. 
The draw will open on signal, if at least a twenty-four hour notice is 
given, for scheduled openings at 6 a.m., 10 a.m., 2 p.m. and 7 p.m.; 
except for bridge closures authorized in accordance with (a)(4) of this 
section. The draw will open on signal, if at least a twenty-four hour 
notice is given, for vessels unable to transit through the bridge 
during a scheduled opening, due to the vessel's draft; except for 
bridge closures authorized in accordance with (a)(4) of this section.
* * * * *

    Dated: February 7, 2020.
Gregory G. Stump,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 2020-02773 Filed 2-12-20; 8:45 am]
 BILLING CODE 9110-04-P