[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57691-57693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20269]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG 2020-0027]
RIN 1625-AA09


Drawbridge Operation Regulation; Trent River, New Bern, NC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is altering the operating schedule that 
governs the US 70 (Alfred C. Cunningham) Bridge across the Trent River, 
mile 0.0, in New Bern, North Carolina. This modification will allow the 
drawbridge to be maintained in the closed position during peak traffic 
hours and provide daily scheduled openings to meet the reasonable needs 
of navigation.

DATES: This rule is effective October 16, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0027 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Martin A. Bridges, Fifth Coast Guard District (dpb), 
at (757) 398-6422, email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Legal Authority and Need for Rule
IV. Discussion of Changes, Comments, and Final Rule
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Impact on Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism and Indian Tribal Goverment
    F. Unfunded Mandates
    G. Environment
    H. Protest Activities

I. Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Proposed Management and Budget
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Basis and Purpose, and Regulatory History

    The purpose of this rule is to alter the operating schedule that 
governs the US 70 (Alfred C. Cunningham) Bridge across the Trent River, 
mile 0.0, in New Bern, North Carolina. This modification will allow the 
drawbridge to be maintained in the closed position during peak traffic 
hours and provide daily scheduled openings to meet the reasonable needs 
of navigation. On May 13, 2020, the Coast Guard published a Notice of 
Proposed Rulemaking (NPRM) entitled ``Drawbridge Operation Regulation; 
Trent River, New Bern, NC'' in the Federal Register (85 FR 28546). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action. During the comment period that ended June 
12, 2020, we received one comment and that comment is addressed in 
Section IV of this Final Rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The US 70 (Alfred C. Cunningham) Bridge across the Trent River, mile 
0.0, in New Bern, North Carolina, has a vertical clearance of 14 feet 
above mean high water in the closed position and unlimited vertical 
clearance above mean high water in the open position. The current 
operation schedule for the drawbridge is published in 33 CFR 117.843(a)
    Trent River is used predominately by recreational vessels, sailing 
vessels, and pleasure craft. The 16-month average of bridge openings, 
average number of vessels, and maximum number of bridge openings by 
month, as drawn from the data contained in the bridge tender logs 
provided by the North Carolina Department of Transportation, is 
presented below.

----------------------------------------------------------------------------------------------------------------
                                                                      Average         Average         Maximum
                              Month                                  openings         vessels        openings
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January.........................................................              28              24              28
February........................................................              36              28              36
March...........................................................              67              56              67
April...........................................................             204             212             271
May.............................................................             236             265             302
June............................................................             245             251             306
July............................................................             199             185             242
August..........................................................             261             260             261
September.......................................................             161             163             161
October.........................................................             119             106             119
November........................................................             122              85             122
December........................................................              65              39              65
Monthly.........................................................             145             139             165
Daily...........................................................              56              54              63
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[[Page 57692]]

IV. Discussion of Comments, Changes and Final Rule

    The Coast Guard provided a comment period of 30 days and received 
one comment. The commenter is in favor of removing the Sunday afternoon 
opening restrictions from May 24 through September 8, but deems the 
hour and the half hour opening schedule from 6 a.m. to 10 p.m. as 
unnecessary, and would like to see the on-demand practice for bridge 
openings continued. The Coast Guard considered the comment in relation 
to current and prospective navigation safety and mobility objectives, 
as well as the purpose of the proposed regulation, and found no basis 
upon which to amend the proposed regulatory language within the final 
rule.

V. Regulatory Analyses

    The Coast Guard has 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 from 10 p.m. to 6 a.m., 
and on the hour and the half hour from 6 a.m. to 10 p.m., except from 
7:30 a.m. to 8:30 a.m., and from 4:30 p.m. to 6 p.m., Monday through 
Friday, except holidays, when the draw shall remain closed. The draw 
shall open upon request at all times for vessels as defined in 33 CFR 
117.31.

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 zero comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule would not have a significant economic impact on a 
substantial number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this rule of any policy or action of the 
Coast Guard.
    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.

D. 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).

E. 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.

F. 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. The Coast Guard received zero comments about money 
expenditures from any State, local, or tribal government.

G. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series) which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The 
Coast Guard has determined 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 and is categorically excluded 
from further review, under paragraph L49, of Chapter 3, Table3-1 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.

H. 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; and Department of 
Homeland Security Delegation No. 0170.1.


[[Page 57693]]



0
2. Revise Sec.  117.843(a) to read as follows:


Sec.  117.843  Trent River.

    (a) The draw of the U.S. 70 Bridge, mile 0.0, at New Bern:
    (1) Shall open on the hour and the half hour from 6 a.m. to 10 
p.m., except during the times authorized in accordance with (a) (2) of 
this section.
    (2) Shall remain closed from 7:30 a.m. to 8:30 a.m. and from 4:30 
p.m. to 6 p.m., Monday through Friday; except holidays.
    (3) Shall open on signal from 10 p.m. to 6 a.m.
    (4) Shall open upon request at all times for vessels as defined in 
Sec.  117.31.
* * * * *

    Dated: September 8, 2020.
K.M. Smith,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2020-20269 Filed 9-15-20; 8:45 am]
BILLING CODE 9110-04-P