[Federal Register: March 13, 2009 (Volume 74, Number 48)]
[Proposed Rules]
[Page 10850-10853]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr09-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0073]
RIN 1625-AA09
Drawbridge Operation Regulation; Perquimans River, Hertford, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operation
regulations of the US17 Bridge, at mile 12.0, across Perquimans River
at Hertford, NC. This proposal would allow the drawbridge to operate on
an advance notice basis during specific times of the year. The proposed
change would result in more efficient use of the bridge during months
of infrequent transit.
DATES: Comments and related material must reach the Coast Guard on or
before April 27, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0073 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Sandra S. Elliott, Bridge
[[Page 10851]]
Management Specialist, Fifth Coast Guard District, at (757) 398-6557.
If you have questions on viewing or submitting material to the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the DocketManagement
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0073), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2009-0073)
in the Search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays or at Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 233704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
Background and Purpose
The North Carolina Department of Transportation (NCDOT) is
responsible for the operation of the US17 Bridge, at mile 12.0, across
Perquimans River at Hertford, NC. NCDOT requested advance notification
for vessel openings during specific times of the year due to the
infrequency of requests for vessel openings of the drawbridge.
The US17 Bridge has a vertical clearance of three feet above mean
high water in the closed-to-navigation position. The existing operating
regulation is set out in 33 CFR 117.835, which requires the draw to
open on signal from 8 a.m. to midnight from April 1 through September
30, and from 10 a.m. to 10 p.m. from October 1 through March 31. The
draw need not be opened at all other times.
Bridge opening data, supplied by NCDOT, revealed a significant
decrease in yearly openings. In the past three years from 2006 to 2008,
the bridge opened for vessels 363, 451 and 266 times, respectively.
(See Table A)
Table A
Bridge Openings for 2006
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JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC
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15 4 12 18 59 46 59 37 39 23 35 16
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Bridge Openings for 2007
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JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC
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12 10 14 18 34 79 94 50 45 42 17 36
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Bridge Openings for 2008
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JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC
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9 12 22 26 13 23 76 18 26 20 14 7
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Most of the businesses that previously brought materials in via
barges through this drawbridge have ceased to operate or they are
utilizing different forms of transportation to move their materials. As
such, this dramatic decrease in waterway traffic has resulted in much
less frequent openings of the draw itself.
Due to the anticipated infrequency of requests for vessel openings
of the drawbridge, NCDOT requested to change the current operating
regulation
[[Page 10852]]
by requiring the draw of the bridge to open on signal from May 1 to
September 30 from 8 a.m. to 10 p.m., and from October 1 to April 30
from 10 a.m. to 8 p.m., if two hours notice is given. The draw need not
be opened at all other times.
Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR 117.835, by revising the
paragraph to read that the draw of the US17 bridge, mile 12.0 at
Hertford, NC, shall open on signal from 8 a.m. to 10 p.m. from May 1
through September 30; and from 10 a.m. to 8 p.m. from October 1 through
April 30, if two hours notice is given. The draw need not be opened at
all other times.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation 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. Mariners can plan their trips in accordance with the proposed
scheduled bridge openings, to minimize delays.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed 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 proposed 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 proposed 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 proposed 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 proposed rule will not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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
[[Page 10853]]
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 0023.1 and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. Therefore, this rule is categorically
excluded, under section 2.B.2. Figure 2-1, paragraph 32(e), of the
Instruction because it simply promulgates the operating regulations or
procedures for drawbridges. We seek any comments or information that
may lead to the discovery of a significant environmental impact from
this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Part 117 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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
2. Revise Sec. 117.835 to read as follows:
Sec. 117.835 Perquimans River
The draw of the US17 Bridge, mile 12.0, at Hertford, NC shall open
on signal from 8 a.m. to 10 p.m. from May 1 through September 30; and
from 10 a.m. to 8 p.m. from October 1 through April 30, if two hours
notice is given. The draw need not be opened at all other times.
Dated: February 17, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-5408 Filed 3-12-09; 8:45 am]
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