Drawbridge Operation Regulations; Atlantic Intracoastal Waterways, NC

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-072]

RIN 2115-AE47

Drawbridge Operation Regulations; Atlantic Intracoastal

Waterways, NC

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to change the regulations

governing the operation of the Onslow Beach Bridge across the Atlantic

Intracoastal Waterway (AICW), mile 240.7, at Camp Lejeune, North

Carolina, at the request of the United States Marine Corps (USMC).

The proposal would continue to provide for openings on signal,

except that from 7 a.m. to 7 p.m., the draw would only open on the hour

and half hour, year-round. This change in the bridge opening schedule

is intended to reduce vehicular traffic delays while still providing

for the reasonable needs of navigation.

DATES: Comments must be received on or before December 15, 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

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

the above address.

FOR FURTHER INFORMATION CONTACT:

Ann Deaton, Bridge Administrator, USCG Atlantic Area, (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 and should identify this rulemaking (CGD05-97-072).

Commenters should identify the specific section of this proposed 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 proposed rule in view of the comments.

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

public hearing by writing to 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.

Background and Purpose

The Onslow Beach Bridge and adjoining property are part of the

Marine Corps Base at Camp Lejeune military reservation, located

adjacent to Jacksonville, North Carolina. The current regulations

require the Onslow Beach Bridge to open on signal at all times. This

requirement is included in the general operating regulations in 33 CFR

117.5.

The USMC has requested changes in the regulation to require the

bridge to open on signal, except from 7 a.m. to 7 p.m., when the bridge

would open on the hour and half hour year-round. Bridge logs from

October 1993 through July 1997 revealed on average of 38 bridge opening

requests per day. During

[[Page 53771]]

peak opening periods in the Fall and Spring, bridge tenders received an

average of 45 bridge opening request per day. Considering the minimal

number of openings identified by the bridge logs, the Coast Guard

believes that the proposed changes will more fairly balance the

competing needs of vehicular and vessel traffic.

Other drawbridges along the AICW in North Carolina are governed by

specific regulations listed in 33 CFR 117.821 which require them to

open on the hour or on the hour and half hour. The USMC's requested

change to the regulations for the Onslow Beach Bridge would make its

schedule consistently with those of the other AICW drawbridges.

Discussion of Proposed Amendments

The Coast Guard proposes to amend the regulations governing the

Onslow Beach Bridge across the AICW, mile 240.7, at Camp Lejeune, North

Carolina, to allow openings on the hour and half hour, between 7 a.m.

to 7 p.m., year-round. The Coast Guard proposes to insert this new

regulation at 33 CFR 117.821(a)(3).

The Coast Guard intends to remove the current text at 33 CFR

117.821(a) which states that drawbridges shall open on signal for

public vessels of the United States, state and local government

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

property. This general requirement is currently published in 33 CFR

117.31 and is no longer required to be published in each specific

bridge regulation. Commercial vessels would continue to pass on signal

as provided in new paragraph (a). To ensure clarity and consistency of

the operating regulation, the regulatory requirements for the current

33 CFR 117.821(b) would be reworded and redesignated paragraph (a).

Although no substantive changes are proposed to current 117.821(b)(1)-

(6), additional text changes would be made to clarify the existing

regulations.

Finally, the Coast Guard proposes to revise 33 CFR 117.821 by

redesignating the following paragraphs: Paragraph (b)(1) governing the

S.R. 94 Bridge, at AICW mile 113.7, would be redesignated (a)(1);

Paragraph (b)(2) governing the S.R. 304 Bridge, at AICW mile 157.2,

would be redesignated (a)(2); Paragraph (b)(3) governing the S.R. 50

Bridge, at AICW mile 260.7, would be redesignated (a)(4); Paragraph

(b)(4) governing the Figure Eight Swing Bridge, at AICW mile 278.1,

would be redesignated (a)(5); Paragraph (b)(5) governing the S.R. 74

Bridge, at AICW mile 283.1, would be redesignated (a)(6); Paragraph

(b)(6) governing the S.R. 1172 Bridge, at AICW mile 337.9, would be

redesignated (a)(7); and paragraph (c) would be redesignated (b).

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 proposal to be so minimal that a full

Regulatory Evaluation, under paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary. The Coast Guard reached this

conclusion based on the fact that the changes and actions proposed by

this rule would not prevent mariners from transiting the bridge. The

proposed rule would merely require pleasure vessels to plan to be in

position to take advantage of scheduled bridge openings between 7 a.m.

to 7 p.m. At all other times, the bridge would continue to open on

signal.

Small Entities

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

Coast Guard must consider whether this proposal, if adopted, will have

a significant economic impact on a substantial number of small entities

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

businesses which are not dominant in their fields 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

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

that this proposed rule, if adopted, will not have a significant

economic impact on a substantial number of small entities.

Collection of Information

This proposal does not provide for the collection of information

requirements under the Paper Reduction Act (44 U.S.C. 301 et seq.).

Federalism

The Coast Guard has analyzed this proposed rule under the

principles and criteria contained in Executive Order 12612 and has

determined that this proposed rule will not have sufficient federalism

implications to warrant preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposed rule 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. Section 117.821 is revised to read as follows:

Sec. 117.821 Atlantic Intracoastal Waterway, Albermarle Sound to

Sunset Beach, North Carolina.

(a) The drawbridges across the Atlantic Intracoastal Waterway in

North Carolina shall open on signal for commercial vessels at all times

and on signal for pleasure vessels, except at the times and during the

periods specified below.

(1) S.H. 94 Bridge, mile 113.7, at Fairfield, NC, from April 1 to

November 30, between 7 a.m. and 7 p.m., the draw need only open on the

hour.

(2) S.R. 304 Bridge, mile 157.2, at Hobucken, NC, from April 1 to

November 30, between 7 a.m. and 7 p.m., the draw need only open on the

hour and half hour.

(3) Onslow Beach Bridge, mile 240.7, at Camp Lejeune, NC between 7

a.m. and 7 p.m., the draw need only open on the hour and half hour.

(4) S.R. 50 Bridge, mile 260.7, at Surf City, NC, between 7 a.m.

and 7 p.m. the draw need only open on the hour.

(5) Figure Eight Swing Bridge, mile 278.1, at Scotts Hill, NC, the

draw need only open on the hour and half hour.

(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.

(7) S.R. 1172 Bridge, mile 337.9, at Sunset Beach, NC, shall open

on the

[[Page 53772]]

hour on signal between 7 a.m. and 7 p.m., April 1 to November 30,

except that on Saturdays, Sundays and Federal holidays, form June 1

through September 30, the bridge shall open on signal on the hour

between 7 a.m. and 7 p.m.

(b) If a pleasure vessel is approaching a drawbridge which is only

required to open on the hour or on the hour and half hour, and cannot

reach the drawbridge on the hour or on the half hour, the drawtender

may delay the required opening up to 10 minutes past the hour or half

hour.

Dated: October 1, 1997.

Roger Rufe Jr.,

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

[FR Doc. 97-27359 Filed 10-15-97; 8:45 am]

BILLING CODE 4910-14-M