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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-009]

RIN 2115-AE47

Drawbirdge Operation Regulations; Pasquotank River, Elizabeth

City, North Carolina

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing 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 will be

scheduled at 7:30 and 8:30 a.m., and 4:30 and 5:30 p.m. for any waiting

pleasure vessels. This 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: This final rule is effective January 16, 1998.

ADDRESSES: Documents as indicated in this preamble are available for

inspection or copying at the office of the Commander (Aowb), Fifth

Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street,

Portsmouth, Virginia 23704-5004, between 8 a.m. and 4:30 p.m., Monday

through Friday, except Federal holidays. The telephone number is (757)

398-6222.

FOR FURTHER INFORMATION CONTACT:

Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at

(757) 398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

On July 1, 1997, the Coast Guard published a Notice of Proposed

Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations;

Pasquotank River, Elizabeth City, North Carolina'' in the Federal

Register (62 FR 35453). The Coast Guard did not receive any comments on

the proposed rulemaking. No public hearing was requested and none was

held.

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), 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.

Prior to publishing the Notice of Proposed Rulemaking the Coast

Guard 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 supports 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 morning and evening

restricted periods as compared to other daylight hours. Based upon this

data, the Coast Guard believes that 2.0 scheduled openings for

pleasures vessels for each time period is adequate for marine traffic

and should help to reduce highway traffic congestion.

Discussion of Comment and Changes

The Coast Guard received no comments on the proposed rulemaking.

[[Page 66006]]

Therefore, the proposed rule is being implemented without change.

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

Cost Guard must consider whether this final rule will have 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 encomic 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 Cost Guard has analyzed this final rule under the principles

and criteria contained in Executive Order 12612, and has determined

that this final 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 final

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

final 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

For the reasons discussed in the preamble, the Coast Guard amends

33 CFR part 117 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 Sec. 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: December 8, 1997.

Roger Rufe, Jr.,

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

[FR Doc. 97-32885 Filed 12-16-97; 8:45 am]

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