[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Rules and Regulations]
[Pages 40097-40098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19346]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD05-94-118]
RIN 2115-AE47


Drawbridge Operation Regulations; Atlantic Intracoastal 
Waterway--Alternate Route, Elizabeth City, NC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the Albemarle and Chesapeake Railroad 
Company, the Coast Guard is changing the regulations that govern the 
operation of the drawbridge across the Pasquotank River, Atlantic 
Intracoastal Waterway--Alternate Route, mile 47.7, at Elizabeth City, 
North Carolina, to allow leaving the draw in the open position except 
for the passage of trains. This change to these regulations is, to the 
extent practical and feasible, intended to relieve the bridgeowners of 
the burden of having a person constantly available to open the draw 
while still providing for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective on September 6, 1995.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at 
(804) 398-6222.

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The principal persons involved in drafting this document are Linda 
L. Gilliam, Project Manager, Bridge Section, and CAPT R.A. Knee, 
Project Counsel, Fifth Coast Guard District Legal Office.

Regulatory History

    On March 13, 1995, the Coast Guard published a Notice of Proposed 
Rulemaking entitled Atlantic Intracoastal Waterway--Alternate Route, 
Elizabeth City, North Carolina, in the Federal Register (60 FR 13393). 
The comment period ended May 12, 1995. The Coast Guard received one 
comment on the Notice of Proposed Rulemaking objecting to the Coast 
Guard's proposed change to the regulations. The one objector stated 
that the proposed change at first glance sounded reasonable, but after 
further review, felt the city and the boating community should pay for 
the privilege of increased waterway accessibility just as the Albemarle 
and Chesapeake Railroad Company must pay for the usage of the tracks 
and the services of a bridgetender. The Coast Guard is without 
authority to assess such fees and the suggestion is inconsistent with 
burden placed on owners and operators of drawbridges by 33 U.S.C. 499. 
On April 5, 1995, the Coast Guard issued Public Notice 5-851 requesting 
comments on the Notice of Proposed Rulemaking. The comment period ended 
May 12, 1995. One comment was received on the Public Notice in favor of 
the Coast Guard's proposed change to the regulations. A public hearing 
was not requested and one was not held.

Background and Purpose

    The Albemarle and Chesapeake Railroad Company has requested that 
the regulations governing the operation of the drawbridge across the 
Pasquotank River, Atlantic Intracoastal Waterway--Alternate Route, mile 
47.7, at Elizabeth City, North Carolina, be changed to allow leaving 
the bridge in the open position, except when a train is passing over it 
and for maintenance. A bridgetender would be available only during the 
times of train crossings to close the bridge and, after the train had 
cleared or completion of any maintenance work, to reopen the bridge to 
navigation. There would not be a full-time bridgetender employed at the 
bridge.
    Currently, the bridge remains in the open position from 3:30 p.m. 
to 11:30 p.m. At all other times, the draw opens on signal. This final 
rule will require the bridge to be maintained in the open position 
except for passage of trains and, when necessary, during maintenance 
work. A bridgetender will be available to reopen the bridge after 
trains have cleared the bridge and after completion of any maintenance 
work.
    In developing this schedule, the Coast Guard considered all views, 
and believes this final rule will not unduly restrict commercial and 
recreational traffic, since the bridge will be left in the open 
position, except for the passage of trains.

Regulatory Evaluation

    This 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 
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 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 
rule to be minimal, 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.
Collection of Information

    This rule 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 rule under the principals and 
criteria contained in Executive Order 12612, and it has determined that 
this rule will not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 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 
rule is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination statement and 
checklist have been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

[[Page 40098]]


Final Regulations

    In consideration of the foregoing, the Coast Guard is amending part 
117 of Title 33, Code of Federal Regulations to read 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 117.833 is revised to read as follows:


Sec. 117.833   Pasquotank River.

    The draw of the Albemarle & Chesapeake railroad bridge, mile 47.7, 
at Elizabeth City, North Carolina, shall be maintained in the open 
position; the draw may close only for the crossing of trains and 
maintenance of the bridge. When the draw is closed, a bridgetender 
shall be present to reopen the draw after the train has cleared the 
bridge.

    Dated: July 12, 1995.
N.V. Scurria, Jr.,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District 
Acting.
[FR Doc. 95-19346 Filed 8-4-95; 8:45 am]
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