[Federal Register: July 17, 2006 (Volume 71, Number 136)]
[Rules and Regulations]
[Page 40418-40420]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy06-10]
[[Page 40418]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-06-017]
RIN 1625-AA09
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway
(Alternate Route), Great Dismal Swamp Canal, South Mills, NC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing regulations that govern the
operation of the new Great Dismal Swamp Canal Bridge, at the Alternate
Route of the Atlantic Intracoastal Waterway (AICW) mile 28.0, in South
Mills, NC. The final rule will maintain a level of operational
capabilities that will continue to provide for the reasonable needs of
the North Carolina Department of Parks and Recreation Visitor Center,
at the Great Dismal Swamp, and vessel navigation.
DATES: This rule is effective August 16, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-06-017 and are available for inspection or
copying at Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The Fifth Coast Guard District maintains the public docket
for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Bill H. Brazier, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6422.
SUPPLEMENTARY INFORMATION:
Regulatory History
On April 6, 2006, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulation; Atlantic
Intracoastal Waterway (Alternate Route), Great Dismal Swamp Canal, NC''
in the Federal Register (66 FR 17394). We received one comment on the
proposed rule. No public meeting was requested, and none was held.
Background and Purpose
The North Carolina Department of Parks and Recreation (NC Parks and
Recreation) will own and operate this new swing-type bridge at the
Alternate Route of the AICW mile 28.0 across the Great Dismal Swamp
Canal. This final rule will allow the new Great Dismal Swamp Canal
Bridge to remain open to vessel traffic, closing only for pedestrian
crossings and periodic maintenance. This rule will also allow the Great
Dismal Swamp Canal Bridge to be operated by the Park Service Rangers at
the Great Dismal Swamp Visitors Center. The controller will also
monitor marine channel 13.0.
The final rule will require the draw to remain in the open-to-
navigation position and only close to allow pedestrians (visitors to
the park) to cross the bridge, and for periodic maintenance, and then
the bridge will immediately reopen to navigation once the pedestrians
have crossed the bridge. This will provide for an even flow of vessel
traffic along the Great Dismal Swamp.
Discussion of Comments and Changes
The Coast Guard received one comment from the NC Parks and
Recreation. The NC Parks and Recreation provided the following
information to correct slight inaccuracies in the background and
purpose of this rule: (1) The Park Service Rangers at the Great Dismal
Swamp Visitors Center will not operate the new bridge at a remote
location; (2) There are no closed circuit cameras or infrared sensors
installed; and (3) There will be no nighttime operation of the new
bridge since the Deep Creek Lock System, which provides access to and
from the Alternate Route of the AICW Great Dismal Swamp, functions
daily only at 8:30 a.m., 11 a.m., 1:30 p.m. and 3:30 p.m., therefore
installation of the channel traffic lights will not be required.
The Coast Guard has incorporated the following changes: Insert the
word ``Great'' preceding the phrase ``Dismal Swamp Canal''. This will
accurately reflect the proper name used for this waterway.
Revise paragraph (b) to read ``The bridge shall be operated by the
Park Service Rangers at the Great Dismal Swamp Visitors Center.''
Remove in paragraphs (b) and (c) the sentences: ``The remote operator
shall monitor vessel traffic with closed circuit cameras and infrared
sensors covering the swing radius.'' And, ``The bridge shall not be
operated from the remote location in the following events: Failure or
obstruction of the infrared sensors, closed-circuit cameras or marine-
radio communications, or when remote operator's visibility is
impaired'', respectively.
In paragraph (d), remove the word ``remote''. Revise paragraph (e)
to read ``Before closing the draw, the horn will sound five short
blasts. Five short blasts of the horn will continue until the Bridge is
seated and locked down to vessels.'' Revise paragraph (f) to read
``When pedestrian traffic has cleared, the horn will sound one
prolonged blast followed by one short blast to indicate the draw is
opening to vessel traffic.''
Discussion of Rule
The Coast Guard will adopt new regulations to govern the operation
of the Great Dismal Swamp Canal Bridge, at mile 28.0, in South Mills,
NC. The Coast Guard will insert this new specific regulation at 33 CFR
117.820. The final rule will allow the draw of the bridge to be
operated by Park Service Rangers at the Great Dismal Swamp Visitors
Center.
The draw will remain in the open position for navigation and shall
only be closed for the crossing of pedestrians and periodic maintenance
authorized in accordance with subpart A of this part.
Before the Great Dismal Swamp Visitor Center Bridge closes for any
reason, the operator will monitor waterway traffic in the area. The
bridge will only be closed if the operator's visual inspection shows
that the channel is clear and there are no vessels transiting in the
area.
While the Great Dismal Swamp Visitor Center Bridge is moving from
the full open to the full closed position, the operator will maintain
constant surveillance of the navigation channel to ensure that no
conflict with maritime traffic exists.
Before closing the draw, the horn will sound five short blasts.
Five short blasts of the horn will continue until the bridge is seated
and locked down to vessels.
When pedestrian traffic has cleared, the horn will sound one
prolonged blast followed by one short blast to indicate that the draw
of the Great Dismal Swamp Canal Bridge is about to return to its full
open position to vessels.
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
[[Page 40419]]
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 proposed changes have only a minimal impact on maritime
traffic transiting the bridge. Although the Great Dismal Swamp Canal
Bridge will be untended and operated by Park Service Rangers at the
Great Dismal Swamp Visitors Center, mariners can continue their
transits because the bridge will remain open to mariners, only to be
closed for pedestrian crossings or periodic maintenance.
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 for the following reason. The rule
allows the Great Dismal Swamp Canal Bridge to be operated by Park
Service Rangers at the Great Dismal Swamp Visitors Center and requires
the bridge to remain in the open position to vessels the majority of
the time, only closing for pedestrian crossings or periodic
maintenance.
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 so that they can better evaluate
its effects on them and participate in the rulemaking process. No
assistance was requested from any small entity.
Collection of Information
This rule calls 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 effect 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 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.lD
and Department of Homeland Security Management Directive 5100.1, which
guide 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.
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:
[[Page 40420]]
Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; Sec. 117.255 also issued
under the authority of Public Law 102-587, 106 Stat. 5039.
0
2. Add new Sec. 117.820 to read as follows:
Sec. 117.820 Atlantic Intracoastal Waterway (Alternate Route), Great
Dismal Swamp Canal.
The draw of the Great Dismal Swamp Canal Bridge, mile 28.0 at South
Mills, NC, shall operate as follows:
(a) The draw shall remain in the open position for navigation. The
draw shall only be closed for pedestrian crossings or periodic
maintenance authorized in accordance with Subpart A of this part.
(b) The bridge shall be operated by the Park Service Rangers at the
Great Dismal Swamp Visitors Center. Operational information will be
provided 24 hours a day on marine channel 13.
(c) The bridge shall not be operated when the operator's visibility
is impaired.
(d) Before the bridge closes for any reason, the operator will
monitor waterway traffic in the area. The bridge shall only be closed
if the operator's visual inspection shows that the channel is clear and
there are no vessels transiting in the area. While the bridge is
moving, the operator shall maintain constant surveillance of the
navigation channel.
(e) Before closing the draw, the horn will sound five short blasts.
Five short blasts of the horn will continue until the bridge is seated
and locked down to vessels.
(f) When pedestrian traffic has cleared, the horn will sound one
prolonged blast followed by one short blast to indicate the draw is
opening to vessel traffic.
Dated: July 3, 2006.
L.L. Hereth,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E6-11274 Filed 7-14-06; 8:45 am]
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