Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, Sunset Beach, NC

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-94-050]

RIN 2115-AE47

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,

Sunset Beach, NC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the North Carolina Department of

Transportation, the Coast Guard is changing the regulations that govern

the operation of the drawbridge across the Atlantic Intracoastal

Waterway, mile 337.9, at Sunset Beach, North Carolina. This rule will

restrict bridge openings in the month of November to help reduce

highway traffic congestion problems, public safety, and welfare

concerns associated with frequent bridge openings caused by

recreational boat traffic. This rule is intended to provide for

regularly scheduled drawbridge openings to help reduce motor vehicle

traffic delays and congestion on the roads and highways linked by this

drawbridge.

EFFECTIVE DATE: This rule is effective on January 30, 1995.

FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator,

Fifth Coast Guard District, at (804) 398-6222.

SUPPLEMENTARY INFORMATION: .

Drafting information: The principal persons involved in drafting

this document are Linda L. Gilliam, Project Manager, Bridge Section,

and LCDR C.A. Abel, Project Counsel, Fifth Coast Guard District

Legal Office.

Regulatory History

On September 7, 1994, the Coast Guard published a notice of

proposed rulemaking entitled Atlantic Intracoastal Waterway, Sunset

Beach, North Carolina, in the Federal Register (59 FR 46209). The

comment period ended November 7, 1994. The Coast Guard received no

comments on the proposal. The Commander, Fifth Coast Guard District,

also published the proposed rule as a public notice on October 14,

1994, with the comment period ending November 17, 1994, and no comments

were received as a result of this notice. A public hearing was not

requested and one was not held.

Background and Purpose

The North Carolina Department of Transportation has requested, on

behalf of the Town of Sunset Beach, North Carolina, that openings of

the drawbridge across the Atlantic Intracoastal Waterway, mile 337.9,

at Sunset Beach, North Carolina, be further restricted through the

month of November. This would help to reduce highway traffic congestion

problems, public safety, and welfare concerns associated with frequent

bridge openings caused by recreational boat traffic. Currently, the

drawbridge opens on the hour from 7 a.m. to 7 p.m. for pleasure vessels

from April 1 to October 31. It opens on signal at any time for vessels

of the United States, State and local government vessels, commercial

vessels, and any vessel in an emergency involving danger to life or

property. This rule extends this schedule to November 30 with

drawbridge openings occurring on the hour from 7 a.m. to 7 p.m.

The North Carolina Department of Transportation conducted a study

of the drawlogs for this drawbridge for the month of November and it

revealed that the drawbridge opened 558 times in 1992 and 571 times in

1993. These openings exceeded the openings for every other month during

the same years. Based on this information, the Coast Guard believes

these regulations will permit an orderly flow of recreational vessel

traffic through the draw. This should not unduly restrict recreational

vessel passage through the bridge, since they can plan their vessel

transits around the hourly restriction.

Regulatory Evaluation

This final rule is not a significant regulatory action under

section 3(f) of Executive Order 12866 and does not require an

assessment of potential costs and benefits under section 6(a)(3) of

that order. It has been exempted from review by the Office of

Management and Budget under that order. It is not significant under the

regulatory policies and procedures of the Department of Transportation

(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the

economic impact of this final rule to be so minimal that a full

Regulatory Evaluation under paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this final rule will have a

significant economic impact on a substantial number of small entities.

``Small entities'' include independently owned and operated small

businesses that are not dominant in their field and that otherwise

qualify as ``small business concerns'' under section 3 of the Small

Business Act (15 U.S.C. 632). Because it expects the impact of this

rule to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b)

that this final rule will not have a significant economic impact on a

substantial number of small entities.

Collection of Information

This final rule contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule under the principals and

criteria contained in Executive Order 12612, and it has been determined

that this rule will not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that under section 2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B, this rule is categorically excluded from further

environmental documentation. A Categorical Exclusion Determination

statement has been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

In consideration of the foregoing, the Coast Guard is amending Part

117 of Title 33, Code of Federal Regulations to read 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; 49 CFR 1.46; 33 CFR 1.05-1(g).

2. In Section 117.821 paragraph (b)(5) is revised to read as

follows:

Sec. 117.821 Atlantic Intracoastal Waterway, Albemarle Sound to Sunset

Beach.

* * * * *

(b) * * *

(5) NC 50 bridge, mile 337.9, at Sunset Beach, NC from April 1 to

November 30, between 7 a.m. and 7 p.m., must open if signaled on the

hour.

* * * * *

Dated: December 12, 1994.

W.J. Ecker,

Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.

[FR Doc. 94-32225 Filed 12-29-94; 8:45 am]

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