Drawbridge Operation Regulations; Pasquotank River, Elizabeth City, North Carolina

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-009]

RIN 2115-AE47

Drawbridge Operation Regulations; Pasquotank River, Elizabeth

City, North Carolina

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the North Carolina Department of

Transportation, the Coast Guard is proposing to change the regulations

that govern the operation of the Highway 158 drawbridge across the

Pasquotank River, mile 50.7, at Elizabeth City, North Carolina, by

eliminating bridge openings for pleasure vessels from Monday through

Friday between 7 a.m. and 9 a.m., and 4 p.m. and 6 p.m., except that,

openings would be scheduled at 7:30 and 8:30 a.m., and 4:30 and 5:30

p.m. for any waiting pleasure vessels. This proposed rule is intended

to help relieve automobile traffic congestion during the morning and

afternoon rush hours, while still providing for the reasonable needs of

navigation.

DATES: Comments must be received on or before September 2, 1997.

ADDRESSES: Comments may be mailed to Commander (Aowb), USCG Atlantic

Area, Federal Building, 4th Floor, 431 Crawford Street, Portsmouth,

Virginia 23704-5004, or may be hand-delivered to the same address

between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal

holidays. The telephone number is (757) 398-6222. Comments will become

a part of this docket and will be available for inspection and copying

at the above address.

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

USCG Atlantic Area, at (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written views, comments, data, or

arguments. Persons submitting comments should include their names and

addresses, identify this rulemaking (CGD05-97-009), the specific

section of this rule to which each comment applies, and give reasons

for each comment. The Coast Guard requests that all comments and

attachments be submitted in an unbound format suitable for copying and

electronic filing. If that is not practical, a second copy of any bound

material is requested. Persons wanting acknowledgment of receipt of

comments should enclose a stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Commander, USCG Atlantic Area, at the

address listed under ADDRESSES. The request should include reasons why

a hearing would be beneficial. If it determines that the opportunity

for oral presentations will aid this rulemaking, the Coast Guard will

hold a public hearing at a time and place announced by a later notice

in the Federal Register.

Drafting Information

The principal persons involved in drafting this document are

Terrance Knowles, Project Manager, Bridge Administration Section, and

LT Robert L. Wegman, Project Counsel, USCG Maintenance and Logistics

Command Atlantic Legal Division.

Background and Purpose

The Highway 158 drawbridge across the Pasquotank River, mile 50.7,

at Elizabeth City, North Carolina is currently required to open on

signal year round. The City of Elizabeth City, through the North

Carolina Department of Transportation (NCDOT), has requested permission

to restrict drawbridge openings for pleasure vessels only to reduce

highway traffic congestion during the morning and evening rush hours.

In support of its request, the NCDOT contends that 10 years of records

during the period from 1985 through 1995 show that highway traffic

increases have caused excessive highway congestion.

The Coast Guard has reviewed the NCDOT highway traffic data during

the 10 year period from 1985 through 1995, and the drawbridge opening

logs from January 1995 to December 1995, copies of which are included

in the docket for this rulemaking. This data appears to support NCDOT's

request. According to the 1995 drawbridge logs, 234 openings occurred

between 7 a.m. and 9 a.m. and 235 openings occurred between 4 p.m. and

6 p.m. Thus, the daily average for the year was 0.6 openings for each

of the proposed restricted periods. Only during the month of May 1995

were there more than 2.0 openings during the time periods in question.

During May 1995, an average of 2.6 openings occurred between 7 a.m. and

9 a.m. Even though 2.6 openings is not excessive, NCDOT states that the

random timing of the openings caused highway traffic to backup four to

six blocks. In support of this contention, the NCDOT provided highway

traffic data which shows that highway traffic volumes increased by an

average of between 200 and 300 vehicles during the proposed morning and

evening restricted periods as compared to other daylight hours. Based

upon this data, the Coast Guard believes that the 2.0 proposed

scheduled openings for pleasure vessels for each time period should be

adequate for marine traffic and should help to reduce highway traffic

congestion.

Discussion of Proposed Rule

The Coast Guard is proposing a new regulation governing the

operation of this drawbridge. The proposed rule would eliminate

openings of the bridge between 7 a.m. and 9 a.m., and 4 p.m. and 6

p.m., Monday through Friday for pleasure vessels except that the draw

would open at 7:30 a.m., 8:30 a.m., 4:30 p.m., and 5:30 p.m. for any

pleasure vessels waiting to pass. The draw would open on signal for

public vessels of the United States or local vessels used for public

safety, commercial vessels, tugs with tows, and vessels in distress.

The draw would continue to open on signal

[[Page 35454]]

at all other times. The Coast Guard believes that these proposed

changes will relieve highway traffic congestion and not cause an undue

hardship on navigation.

The text of the current regulation, Section 117.833 would be

redesignated as paragraph (a) and a new paragraph (b) would be added

for the new regulation.

Regulatory Evaluation

This proposed 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 proposed 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 proposed 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

proposed rule to be minimal, the Coast Guard certifies under 5 U.S.C.

605(b) that this proposal, if adopted, will not have a significant

economic impact on a substantial number of small entities.

Collection of Information

This proposal 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 proposal under the principles and

criteria contained in Executive Order 12612, and has determined that

this proposed rule does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

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

Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this

proposed 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 proposes to

amend Part 117 of Title 33, Code of Federal Regulations 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); section

117.255 also issued under the authority of Pub. L. 102-587, 106

Stat. 5039.

2. The text of Section 117.833 is redesignated as paragraph (a) and

a new paragraph (b) is added to read as follows:

Sec. 117.833 Pasquotank river.

(a) * * *

(b) The draw of the US 158 Highway Bridge, mile 50.7, at Elizabeth

City, shall open on signal; except that between 7 a.m. and 9 a.m., and

4 p.m. and 6 p.m., Monday through Friday, the draw need open only at

7:30 a.m., 8:30 a.m., 4:30 p.m., and 5:30 p.m. for any pleasure vessels

waiting to pass.

Dated: June 13, 1997.

Roger T. Rufe, Jr.,

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

[FR Doc. 97-17072 Filed 6-30-97; 8:45 am]

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