[Federal Register: January 31, 2006 (Volume 71, Number 20)]
[Rules and Regulations]
[Page 5008-5010]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja06-8]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-05-102]
RIN 1625-AA09
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway
(AICW), Cape Fear River, and Northeast Cape Fear River, NC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the drawbridge operation
regulations of three North Carolina Department of Transportation
(NCDOT) bridges: The S.R. 74 Bridge, across the AICW mile 283.1 at
Wrightsville Beach; the Cape Fear River Memorial Bridge, mile 26.8, at
Wilmington; and the Isabel S. Holmes (US 117) Bridge, at mile 1.0,
across Northeast Cape Fear River at Wilmington, North Carolina. This
rule will allow the bridges to remain in the closed position at
particular dates and times to accommodate road races, marathons and
triathlons. Vessels that can pass under the bridges without a bridge
opening may do so at all times.
DATES: This rule is effective March 17, 2006.
ADDRESSES: The Fifth Coast Guard District maintains the docket for this
rulemaking. Comments and material received from the public, as well as
documents indicated in this preamble as being available in docket, are
part of docket CGD05-05-102 and are available for inspection or copying
at the Commander (obr), Fifth Coast Guard District, Federal Building,
1st Floor, 431 Crawford Street, Portsmouth, Virginia 23703-5004,
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6629.
SUPPLEMENTARY INFORMATION:
Regulatory History
On October 3, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Atlantic
Intracostal Waterway (AICW), Cape Fear River, and Northeast Cape Fear
River, NC'' in the Federal Register (70 FR 57524). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
Background and Purpose
On behalf of the Young Men's Christian Association (YMCA), NCDOT
requested changes to the operating drawbridge regulations to
accommodate the Tri-Span Run, Battleship Half Marathon, and Triathlon
Run. The races are annual events sponsored by the YMCA, attracting
spectators and participants from the surrounding cities and states.
In accordance with 33 CFR 117.37(a) for reasons of public safety or
for public functions, the District Commander may authorize the opening
and closing of a drawbridge for a specified period of time.
NCDOT, who owns and operates the S.R. 74 Bridge across the AICW
mile 283.1 at Wrightsville Beach; the Cape Fear River Memorial Bridge
mile 26.8 across the Cape Fear River, at Wilmington, North Carolina;
and the Isabel S. Holmes Bridge mile 1.0 (U.S. 117, across Northeast
Cape Fear River at Wilmington, North Carolina), requested the following
drawbridge changes:
Atlantic Intracoastal Waterway
The S.R. 74 Bridge, at AICW mile 283.1 at Wrightsville Beach, has a
vertical clearance of 20 feet at mean high water and 24 feet at mean
low water in the closed position to vessels. The existing operating
regulations are set out in 33 CFR 117.821(a)(5).
A Triathlon race is held on the third Saturday in September of
every year with the fourth Saturday used as the alternate day. To
facilitate the race, the bridge will be maintained in the closed-to-
navigation position from 7 a.m. to 11 a.m. on the third or fourth
Saturday in September of every year.
Cape Fear River
The Cape Fear Memorial Bridge mile 26.8, in Wilmington, has a
vertical clearance of 65 feet at mean high water and 68 feet at mean
low water in the closed position to vessels. The existing regulation is
listed at 33 CFR 117.5, which requires the bridge to open on signal.
Both races, the Tri-Span run and the Battlefield Half Marathon,
cross the Cape Fear River Memorial Bridge in Wilmington. The Tri-Span
run is held on the second Saturday of July. To facilitate the race, the
bridge will be maintained in the closed-to-navigation position from 8
a.m. to 10 a.m. on the second Saturday of July of every year.
The Battleship Half Marathon is held on the second Sunday of
November. To facilitate the marathon, the bridge will be maintained in
the closed-to-navigation position from 7 a.m. to 11 a.m. on the second
Sunday of November of every year.
Northeast Cape Fear River
The Isabel S. Holmes Bridge, U.S. 17, SR 133 at mile 1.0, in
Wilmington has a vertical clearance of 26 feet at mean high water and
30 feet at mean low water in the closed position to vessels. The
existing regulation is listed at 33 CFR 117.829.
Both races, the Tri-Span run and the Battlefield Half Marathon,
cross the Isabel S. Holmes Memorial Bridge in Wilmington. The Tri-Span
run is held on the second Saturday of July. To facilitate the race, the
bridge will be maintained in the closed-to-navigation position from 8
a.m. to 10 a.m. on the second Saturday of July of every year.
The Battleship Half Marathon is held on the second Sunday of
November of every year. To facilitate the marathon, the bridge will be
maintained in the closed-to-navigation position from 7 a.m. to 11 a.m.
on the second Sunday of November of every year.
The Coast Guard believes that the proposed changes are reasonable
due to the short duration that the drawbridges will be maintained in
the closed position to vessels, because these events have been observed
in past years with little or no impact to marine or vehicular traffic.
It is also a necessary measure to facilitate public safety that
[[Page 5009]]
allows for the orderly movement of participants and vehicular traffic
before, during and after the races.
Atlantic Intracoastal Waterway
This rule amends 33 CFR 117.821 by revising paragraph (a)(5), which
details the operating regulations for the S.R. 74 Bridge.
Paragraph Sec. 117.821(a)(5) will be amended to allow the S.R. 74
Bridge to remain in the closed position from 7 a.m. to 11 a.m. on the
third and fourth Saturday in September of every year.
Neuse River
Section 117.823 Neuse River will be redesignated at Sec. 117.824
to allow alphabetical placement and codification of Cape Fear River at
Sec. 117.823.
Cape Fear River
Cape Fear River will be added at new Sec. 117.823, detailing the
operating regulations and allowing the Cape Fear Memorial Bridge to
remain in the closed-to-navigation position from 8 a.m. to 10 a.m. on
the second Saturday of July of every year, and from 7 a.m. to 11 a.m.
on the second Sunday of November of every year. The current operating
regulations set out in 33 CFR 117.5 require the drawbridge to open on
signal when a request to open is given.
Northeast Cape Fear River
This rule amends 33 CFR 117.829 by revising paragraph (a), which
details the operating regulations for the Isabel S. Holmes Bridge.
A new paragraph will be added to Sec. 117.829, which allows the
Isabel S. Holmes Bridge to remain in the closed position from 8 a.m. to
10 a.m. on the second Saturday of July of every year, and from 7 a.m.
to 11 a.m. on the second Sunday of November of every year.
Discussion of Comments and Changes
The Coast Guard did not receive any comments on the NPRM.
Therefore, no changes were made to the final rule.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning, and Review, and
does not require an assessment of potential costs and benefits under
section 6(a)(3) of that Order. The Office of Management and Budget has
not reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. We reached this conclusion based on the fact
that the changes have only a minimal impact on maritime traffic
transiting the bridge. Mariners can plan their trips in accordance with
the scheduled bridge openings to minimize delays.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
This rule would not have a significant economic impact on a
substantial number of small entities because the rule only adds minimal
restrictions to the movement of navigation, and mariners who plan their
transits in accordance with the scheduled bridge openings can minimize
delay.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, (757) 398-6222. The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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.
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.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That
[[Page 5010]]
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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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 there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation because it has been determined that the
promulgation of operating regulations for drawbridges are categorically
excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Section 117.821 is amended by revising paragraph (a)(5) to read as
follows:
Sec. 117.821 Atlantic Intracoastal Waterway, Albermarle Sound to
Sunset Beach.
(a) * * *
(5) S.R. 74 Bridge, mile 283.1, at Wrightsville Beach, NC, between
7 a.m. and 7 p.m., the draw need only open on the hour; except that
from 7 a.m. to 11 a.m. on the third and fourth Saturday in September of
every year, the draw need not open for vessels due to the Triathlon
run.
* * * * *
Sec. 117.823 [Redesignated]
0
3. Redesignate Sec. 117.823 as Sec. 117.824.
0
4. Add new Sec. 117.823 to read as follows:
Sec. 117.823 Cape Fear River.
The draw of the Cape Fear Memorial Bridge, mile 26.8, at Wilmington
need not open for the passage of vessel from 8 a.m. to 10 a.m. on the
second Saturday of July of every year, and from 7 a.m. to 11 a.m. on
the second Sunday of November of every year.
0
5. Section 117.829 is amended by adding a new paragraph (a)(4) to read
as follows:
Sec. 117.829 Northeast Cape Fear River.
(a) * * *
(4) From 8 a.m. to 10 a.m. on the second Saturday of July of every
year, and from 7 a.m. to 11 a.m. on the second Sunday of November of
every year, the draw need not open for vessels.
* * * * *
Dated: January 20, 2006.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 06-854 Filed 1-30-06; 8:45 am]
BILLING CODE 4910-15-P