[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Rules and Regulations]
[Page 5091-5093]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja08-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-07-026]
RIN 1625-AA09
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway
(AIWW), Sunset Beach, NC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the drawbridge operating
regulations that govern the S.R. 1172 Bridge, at AIWW mile 337.9,
Sunset Beach, NC. This final rule will allow the bridge to open on the
hour on signal for pleasure vessels from 7 a.m. to 9 p.m. year round.
The reason for this change would be to improve the schedule for both
roadway and waterway users.
DATES: This rule is effective February 28, 2008.
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 CGD05-07-026 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: Gary Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6629.
SUPPLEMENTARY INFORMATION:
Regulatory History
On May 8, 2007, we published a notice of proposed rulemaking (NPRM)
entitled ``Drawbridge Operation Regulation; Atlantic Intracoastal
Waterway (AIWW), Sunset Beach, NC'' in the Federal Register (72 FR
26038). We received 10 comments on the proposed rule. No public meeting
was requested, and none was held.
Background and Purpose
The S.R. 1172 Bridge at Sunset Beach has zero vertical clearance to
vessels when in the closed position at mean high water.
The North Carolina Department of Transportation (NCDOT) owns and
operates this single-lane, floating steel-barge, swing-span referred to
as a pontoon drawbridge. Current regulations set out at 33 CFR
117.821(a)(5) require the bridge to open on signal for commercial
vessels at all times; and on the hour on signal for pleasure vessels
between 7 a.m. and 7 p.m., April 1 to 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.
NCDOT and the residents of the Town of Sunset Beach requested a
change to the operating regulations for the S.R. 1172 Bridge in an
effort to improve the schedule for both roadway and waterway users. The
S.R. 1172 Bridge provides the only route on and off Sunset Beach
Island. This rule will not change the requirement for the bridge to
open on signal at any time for commercial vessels.
The Coast Guard reviewed the bridge logs for 2005 and 2006 provided
by NCDOT which illustrate a small decrease in the numbers of vessels
passing through the bridge during the spring, summer, and fall over the
past year. Most vessels transiting the area in the spring and fall are
operated by owners commonly referred to as ``snowbirds''. Owners of
these transitory recreational vessels are either traveling north to
south towards a warmer climate in the fall or south to north towards a
cooler climate in the spring which can result in frequent bridge
openings due to increased vessel numbers. During the spring and fall
months, the flow of recreational vessels is constant.
There were approximately 10,461 and 11,429 vessel passages
occurring in 2006 and 2005, respectively, over an eight-month period
(during the peak boating season from April to November) according to
records furnished by the NCDOT. (See Table A)
Table A
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JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC
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BRIDGE OPENINGS FOR 2006
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233 191 307 392 436 394 451 392 349 386 326 317
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BOAT PASSAGES FOR 2006
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273 157 463 1207 1659 1538 1486 1024 921 1234 1392 481
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BRIDGE OPENINGS FOR 2005
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218 165 313 322 441 439 474 413 327 393 331 297
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BOAT PASSAGES FOR 2005
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294 211 532 1041 1767 1438 1639 1152 834 1302 2256 538
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The final rule will facilitate pleasure vessels in navigating the
AIWW, while also helping to ease vehicular traffic congestion.
Discussion of Comments and Changes
The Coast Guard received 10 comments to the NPRM published on May
8, 2007 (72 FR 26038). The comments included nine letters from
homeowners and one written request from the North Carolina Department
of Environment and Natural Resources, Division of Coastal Management
(NCDCM).
Of the nine comments received from homeowners, eight favored the
proposal
[[Page 5092]]
to allow the bridge to open on the hour on signal for pleasure vessels
from 7 a.m. to 9 p.m. year round. The remaining comment opposed the
proposal. However, that comment inaccurately concluded that the
proposal would change the opening schedule to ``on demand'' for
pleasure vessels. This rule will not create an ``on demand'' schedule,
therefore we do not consider this comment to oppose the NPRM or this
final rule.
The last comment from NCDCM contained a request that the NPRM be
subject to a consistency review under the Coastal Zone Management Act.
The Coast Guard response is included in the ``Environment'' section
below.
Based on all of the comments received, we are publishing this final
rule with no changes from the NPRM. Under this final rule, the draw of
the S.R. 1172 Bridge will open on signal at all times for commercial
vessels and on the hour on signal between 7 a.m. and 9 p.m., year-round
for pleasure vessels. At all other times, the draw shall open on
demand.
Discussion of Rule
The Coast Guard is amending 33 CFR 117.821, by revising paragraph
(a)(5) for pleasure vessels to read ``shall open on the hour on signal
from 7 a.m. to 9 p.m.'' What this means is that the bridge shall only
open on the hour, but that it may remain closed on certain hours if no
one has requested an opening for that hour.
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).
In accordance with 15 CFR part 930.35(a)(1) Negative determinations
of proposed activities, we based this action on careful review of the
waterway use, historical reports, and dated records seeking past
impacts on coastal and natural resources around the bridge and within
the surrounding areas.
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 conclusion is based on the fact that the changes will 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.
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 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 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.
[[Page 5093]]
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.
The Coast Guard has determined that changing the operating schedule
for the SR 1172 Bridge will not have any foreseeable effect on any
coastal uses or natural resources within the coastal zone of the State
of North Carolina.
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:
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. In Sec. 117.821, paragraph (a)(5) is revised to read as follows:
Sec. 117.821 Atlantic Intracoastal Waterway, Albermarle Sound to
Sunset Beach.
* * * * *
(a) * * *
(5) S.R. 1172 Bridge, mile 337.9, at Sunset Beach, NC, shall open
on the hour on signal between 7 a.m. to 9 p.m.
* * * * *
Dated: December 18, 2007.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-1476 Filed 1-28-08; 8:45 am]
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