[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Proposed Rules]
[Pages 1725-1727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-724]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-95-084]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Sunset Beach, NC
AGENCY: Coast Guard, DOT.
[[Page 1726]]
ACTION: Notice of proposed rulemaking.
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SUMMARY: At the request of the North Carolina Department of
Transportation, the Coast Guard is proposing a change to the
regulations that govern the operation of the drawbridge across the
Atlantic Intracoastal Waterway, mile 337.9, at Sunset Beach, North
Carolina. This proposed rule would extend the hours on weekends and
holidays during the summer months during which the bridge may open only
on the hour. This proposed rule is intended to provide regularly
scheduled drawbridge openings to help reduce motor vehicle traffic
delays and congestion on the roads and highways linked by this
drawbridge while providing for the reasonable needs of navigation.
DATES: Comments must be received on or before March 8, 1996.
ADDRESSES: Comments may be mailed to Commander (ob), Fifth Coast Guard
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or may
be delivered to Room 109 at the same address between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(804) 398-6227. Comments will become part of this docket and will be
available for inspection at Room 109, Fifth Coast Guard District.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at
(804) 398-6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD05-95-084) and the specific section of
this rule to which each comment applies, and give the reason 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 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 rule in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Commander (ob) at the address 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.
Drafting Information
The principal persons involved in drafting this document are Linda
L. Gilliam, Project Manager, Bridge Section, and CDR T. R. Cahill,
Project Counsel, Fifth Coast Guard District Legal Office.
Background and Purpose
Operation of drawbridges over the Atlantic Intracoastal Waterway in
North Carolina, including the Sunset Beach drawbridge, are governed by
33 CFR 117.821. Section 117.821(a) requires that drawbridges over the
Atlantic Intracoastal Waterway in North Carolina open on signal for
public vessels of the United States, State and local government
vessels, commercial vessels, and any vessel in an emergency involving
danger to life and property. Section 117.821(b) requires that
drawbridges over the Atlantic Intracoastal Waterway in North Carolina
open on signal for pleasure vessels, except as otherwise provided.
Section 117.821(b)(6) permits the Sunset Beach drawbridge to open only
on the hour from April 1 to November 30 between 7 a.m. and 7 p.m., if
signaled by a pleasure vessel. Current 33 CFR 117.821(b)(6) was
established by a final rule published in the Federal Register on
December 30, 1994 (59 FR 67629).
The North Carolina Department of Transportation, on behalf of the
Town of Sunset Beach, has asked the Coast Guard to amend 33 CFR 117.821
to extend the hours during which the Sunset Beach drawbridge may open
on the hour. The Town of Sunset Beach adopted a Resolution stating that
drawbridge openings for recreational vessels after 6 p.m. on weekends
and Federal holidays from June 1 to September 30 have caused tremendous
highway traffic congestion at the bridge and highway traffic problems
within the Town.
Based on this request, the Coast Guard is proposing to amend 33 CFR
117.821(b)(6). The proposed amendment would, on Saturdays, Sundays, and
Federal holidays from June 1 to September 30, extend the hours during
which the Sunset Beach drawbridge may open on the hour from 7 p.m. to 9
p.m. The Coast Guard believes that the proposed amendment would
alleviate highway traffic problems while also permitting the orderly
flow of recreational vessel traffic through the draw. The proposed
changes will not unduly restrict navigation by pleasure vessels, which
may plan their transits to coincide with scheduled hourly openings.
This proposal would also correct the designation of the highway
corridor to SR 1172 vice US 50 in 33 CFR 117.821(b)(6). According to
the North Carolina Department of Transportation, the Sunset Beach
drawbridge is not part of the US 50 Highway corridor.
Regulatory Evaluation
This proposed action 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.
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 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 proposal to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposal will not have a significant economic impact
on a substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Assessment
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612, and it has been determined
that this proposal will not have sufficient federalism implications to
warrant preparation of a Federalism Assessment.
[[Page 1727]]
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under section 2.B.2.e(32)(3) of Commandant
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this
proposal 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 is proposing 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. In section 117.821, paragraph (b)(6) is revised to read as
follows:
Sec. 117.821 Atlantic Intracoastal Waterway, Albermarle Sound to
Sunset Beach.
* * * * *
(b) * * *
(6) SR 1172 bridge, mile 337.9, at Sunset Beach, NC, shall open on
the hour on signal between 7 a.m. and 7 p.m., April 1 through November
30, except that on Saturdays, Sundays and Federal holidays, from June 1
through September 30, the bridge shall open on signal on the hour
between 7 a.m. and 9 p.m.
* * * * *
Dated: December 26, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 96-724 Filed 1-22-96; 8:45 am]
BILLING CODE 4910-14-M