Drawbridge Operation Regulations; Beaufort Channel, Beaufort, North Carolina

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-080]

RIN 2115-AE47

Drawbridge Operation Regulations; Beaufort Channel, Beaufort,

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 Greydon Paul Drawbridge on US 70 across Beaufort

Channel, (also known as Gallant's Channel) mile 0.1, located in

Beaufort, North Carolina, at the request of the North Carolina

Department of Transportation.

The final rule eliminates drawbridge openings at 7:40 a.m., 8:40

a.m., 4:40 p.m., and 5:40 p.m. on weekdays only. All other provisions

of the existing regulations for this bridge remain the same. This final

rule is intended to reduce motor vehicular delays and congestion

related to commuter traffic going to and from work in the mornings and

evenings, while still providing for the reasonable needs of navigation.

DATES: This final rule is effective on August 10, 1998.

ADDRESSES: Documents as indicated in this preamble are available for

inspection for 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 Deaton, Bridge Administrator,

Fifth Coast Guard District (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

On December 17, 1997, the Coast Guard published a Notice of

Proposed Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations;

Beaufort Channel, Beaufort, North Carolina'' in the Federal Register

(62 FR 66039). The Coast Guard received 21 letters commenting on the

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

Background and Purpose

The Greydon Paul Drawbridge across Beaufort Channel, located in

Beaufort, North Carolina, is owned and operated by the North Carolina

Department of Transportation (NCDOT). The current regulations at 33 CFR

117.822 require the bridge to open on signal except that from 6 a.m. to

10 p.m., the draw opens on signal for all vessels waiting to pass every

hour on the hour, twenty minutes past the hour and forty minutes past

the hour.

NCDOT requested that openings of the Greydon Paul Drawbridge be

further restricted during weekday morning and evening rush hours. This

request to change the current regulation is based on heavy vehicular

commuter traffic traveling to and from the town of Beaufort during peak

rush hour periods. The Greydon Paul Drawbridge is located on US Highway

70, which is the only corridor entering and exiting the town of

Beaufort from Morehead City, North Carolina. During rush hour periods,

drawbridge openings create long traffic backups often extending for 6

to 7 miles. The heavy congestion often results in vehicular accidents.

NCDOT contended that by eliminating one scheduled opening per hour

during rush hours, vehicular traffic congestion on US Highway 70 will

be reduced and highway safety will be increased without placing undue

hardship on vessel traffic.

NCDOT provided the Coast Guard with statistical data which shows

the total number of openings and of vessels passing through the

Beaufort Bridge at the regularly scheduled 7:40 a.m., 8:40 a.m., 4:40

p.m., and 5:40 p.m. openings during August, 1997, which is one of the

peak summer months for boating traffic in this area. The data revealed

that only 42 out of a possible 120 drawbridge openings were required at

these scheduled opening times, and a total of 65 vessels passed through

the bridge. The Coast Guard has determined that since vessel traffic

only needed 35% of these rush hour openings, and there was minimal

vessel traffic at these times, a reduction in the number of openings

will not substantially impact navigational traffic, but will provide a

positive offsetting benefit to vehicular traffic.

Therefore, the Coast Guard is amending 117.822 by eliminating

drawbridge openings at 7:40 a.m., 8:40 a.m., 4:40 p.m., and 5:40 p.m.

on weekdays only, year round. All other provisions of the existing

regulation will remain the same.

Discussion of Comments and Changes

The Coast Guard received 20 comments on the NPRM in support of

permanently closing the bridge to all vessel traffic. These comments

did not address the proposed change to the regulations. One comment was

received requesting no additional restrictions or changes to the

current regulations. Since all but one of the comments did not address

the proposed change for which comments were being solicited, and the

Coast Guard has determined permanently closing the bridge to all vessel

traffic is unreasonable and unfair, the final 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

[[Page 37251]]

final rule 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 final rule will not prevent mariners from transiting the

bridge, but merely require them to plan their transits in accordance

with the scheduled bridge openings.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), 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 final 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 requirement

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

The Coast 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 figure 2-1, paragraph (32)(e) of

COMDTINST M16475.1C, this final rule is categorically excluded from

further environmental documentation based on the fact that it is a

promulgation of the operating regulations for a drawbridge. 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. Section 117.822 is revised to read as follows:

Sec. 117.822 Beaufort Channel, NC.

The draw of the US 70 bridge, mile 0.1., at Beaufort, shall open as

follows:

(a) From 6 a.m. to 10 p.m., the draw need only open every hour on

the hour, twenty minutes past the hour and forty minutes past the hour;

except that on weekdays the bridge need not open at 7:40 a.m., 8:40

a.m., 4:40 p.m. and 5:40 p.m.

(b) From 10 p.m. to 6 a.m., the bridge shall open on signal.

Dated: June 23, 1998.

P.M. Stillman,

Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard

District.

[FR Doc. 98-18395 Filed 7-9-98; 8:45 am]

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