[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63725-63727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25540]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0628]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway
(AIWW), Newport River, Morehead City, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the operating schedule
that governs the Carolina Coastal Railroad Bridge, at AIWW mile 203.8,
across Newport River in Morehead City, NC. This bridge is presently
maintained in the open position except when closure is necessary for
train crossings. This change would allow the bridge to remain closed at
night so that necessary repairs may be made while still providing for
the reasonable needs of navigation.
DATES: This temporary final rule is effective from 5 a.m. on October
17, 2012 to 8:30 p.m. on October 1, 2013.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2009-0628 and are available online by
going to www.regulations.gov, and inserting USCG-2012-0628 in the
``Keyword'' box, and then clicking ``Search''. This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Terrance A. Knowles, Environmental Protection Specialist,
Fifth Coast Guard District, at telephone (757) 398-6587, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
U.S.C United States Code
[[Page 63726]]
A. Regulatory History and Information
On August 10, 2012, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operations; Atlantic Intracoastal Waterway
(AIWW), Newport River, Morehead City, NC.'' in the Federal Register (77
FR 47787). We received no comments on the proposed rule. No public
meeting was requested, and none was held.
Under 5 U.S.C 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. Due to these bridge repairs being
required and also being a lengthy process, it is best that this work be
done when there is the least marine activity, such as during the winter
and night time. Starting the project now will possibly shorten the 2013
summertime impacts to navigation, depending on expected project tempo/
efficiency. Also, replacement of the obsolete drive system will allow
for a safer/faster way to close the bridge during approaching
hurricanes for the 2013 storm season and beyond.
B. Basis and Purpose
The North Carolina Department of Transportation (NCDOT), who owns
and operates this bascule-type railroad bridge, has requested a
temporary change to the existing operating regulations to facilitate
repairs of existing structural steel, strengthening of the main bascule
girders and upgrading the obsolete drive system. The current
regulations, under the general requirements set out at 33 CFR 117.5,
require that the Carolina Coastal Railroad Bridge, at AIWW mile 203.8,
across Newport River in Morehead City NC, shall open promptly and fully
for the passage of vessels when a request to open is given. However,
the drawbridge is currently maintained in the open to navigation
position at all times and closes for passing trains.
In the closed position to vessels, this single-leaf bascule
drawbridge has a vertical clearance of 4 feet above mean high water.
To facilitate the required repair work and to minimize the impact
on navigation, the drawbridge would operate as follows: (1) From 5 a.m.
October 17, 2012 to 8:30 p.m. on October 1, 2013 shall be maintained in
the open position to vessels and would only be closed for the passage
of trains and to perform periodic maintenance; and (2) in the closed
position to vessels, from 8:30 p.m. to 5 a.m., with one optional
opening provided at 12 a.m. (midnight) for vessels providing advance
notice before 4 p.m. on the afternoon before the requested opening.
Vessel traffic along this part of the Atlantic Intracoastal
Waterway consists of commercial and pleasure craft including sail
boats, fishing boats, and tug and barge traffic, that transit mainly
during the daylight hours with the occasional tug and barge traffic at
night. The drawbridge is currently maintained in the open to navigation
position at all times and closes for passing trains. Consequently, the
number of mariners transiting through this section of the waterway is
not based on the amount of vessel openings but on the average number of
waterway users, which showed that there are fewer vessel transits at
night for mariners, making it a more suitable time to restrict the
operation of the drawbridge.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 30 days and no
comments were received. The Coast Guard would temporarily revise the
operating regulations at 33 CFR 117.821 by adding a new paragraph (c).
Paragraph (c) would state from 5 a.m. on October 17, 2012 to 8:30 p.m.
on October 1, 2013, the draw of the Carolina Coastal Railroad Bridge
shall be maintained in the open position to vessels, and would only be
closed for the passage of trains and to perform periodic maintenance;
and the draw need not open from 8:30 p.m. to 5 a.m., except at 12 a.m.
(midnight) for vessels providing advance notice before 4 p.m. on the
afternoon before the requested opening.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
The temporary changes are expected to have minimal impact on
mariners due to the low number of vessels transiting this area at
night. Also, a midnight vessel opening would be available each night
for vessels requiring an opening provided that advance notice is given
by 4 p.m. on the afternoon before the requested opening.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
This rule will not have a significant economic impact on a
substantial number of small entities because the rule adds navigational
restrictions mainly to the movement of vessels during a time when there
is less traffic. Most commercial traffic will leave and return during
the day. The rule would possibly affect small entities such as owners/
operators of vessels due to limited drawbridge openings from 8:30 p.m.
to 5 a.m. To minimize delays, these vessels can plan their transits in
accordance with the proposed opening schedule.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section, above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agricultural Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain
[[Page 63727]]
about this proposed rule or any policy or action of the Coast Guard.
4. Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``FOR FURTHER
INFORMATION CONTACT'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, and Commandant Instruction M16475.lD which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under figure 2-1,
paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.821, add paragraph (c) to read as follows:
Sec. 117.821 Atlantic Intracoastal Waterway, Albemarle Sound to
Sunset Beach.
* * * * *
(c) From 5 a.m. on October 17, 2012 to 8:30 p.m. on October 1,
2013, the draw of the Carolina Coastal Railroad Bridge, at mile 203.8,
(Newport River) at Morehead City, shall operate as follows:
(1) During the day from 5 a.m. to 8:30 p.m., shall be maintained in
the open position to vessels and would only be closed for the passage
of trains and to perform periodic maintenance.
(2) At night, need not open 8:30 p.m. to 5 a.m. except an opening
would be provided at 12 a.m. (midnight) if advance notice is given
before 4 p.m. on the afternoon before the requested opening.
Dated: October 5, 2012.
Lincoln D. Stroh,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 2012-25540 Filed 10-16-12; 8:45 am]
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