[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Proposed Rules]
[Pages 36608-36609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15560]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0051]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
(AIWW) Scotts Hill, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking; withdrawal.
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SUMMARY: The Coast Guard is withdrawing its notice of proposed
rulemaking concerning the proposed change to the regulations that
governed the operation of the Figure Eight Swing Bridge, at AIWW mile
278.1, at Scotts Hill, NC. The requested change would have allowed the
drawbridge to open on signal every hour on the half hour for the
passage of pleasure vessels.
DATES: The notice of proposed rulemaking is withdrawn on June 28, 2010.
ADDRESSES: The docket for this withdrawn rulemaking is available for
inspection or copying at the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket on the Internet by going to http://www.regulations.gov,
inserting USCG[dash]2009[dash]0051 in the ``Keyword'' box and then
clicking ``Search.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or e-mail Waverly W. Gregory, Jr., Fifth Coast Guard
District; telephone (757) 398-6222, e-mail
[[Page 36609]]
[email protected]. If you have questions on viewing material
in the docket call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Background
On February 20, 2009, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Atlantic
Intracoastal Waterway, (AIWW) Scotts Hill, NC'' in the Federal Register
(74 FR 7844-7847). The rulemaking would have allowed the drawbridge to
open on signal every hour on the half hour for the passage of pleasure
vessels. Our investigation along with comments received revealed that
the proposed change would significantly increase delays to recreational
boaters and would provide an unsafe environment for slow moving vessel
traffic.
Withdrawal
The Figure Eight Homeowner Association Inc. (FEHAI), who owns and
operates the Figure Eight Swing Bridge, had requested a change to the
existing regulations in an effort to improve the schedule for both
roadway and waterway users. The swing bridge provides the only route on
and off Figure Eight Island. The proposal would not have changed the
requirement for the bridge to open on signal at any time for commercial
and government vessels. FEHAI believed that the proposal would
facilitate pleasure craft in navigating the AIWW, and also help ease
vehicular traffic congestion.
The Coast Guard received several comments opposing changes to the
proposed rulemaking. We conducted a lengthy and thorough investigation
that included a site visit.
Our investigation along with the majority of the comments revealed
that the request to change the regulations for pleasure craft from
half-hour openings to hourly openings would not affect power boats
along the AIWW, but would significantly affect sailboats. Increasing
travel time between drawbridge openings will increase the number of
vessels waiting for an opening in a narrow and restricted channel,
making safe navigation more difficult. In addition, no data was
submitted to the docket to support concerns that vehicle traffic across
the bridge had increased or was unreasonably impeded by the current
operating schedule of the bridge. The proposed amendment to the
operating schedule is withdrawn because this change would not improve
drawbridge operations.
Authority
This action is taken under the authority of 33 U.S.C. 499; 33 CFR
1.05-1; Department of Homeland Security Delegation No. 0170.1.
Dated: June 9, 2010.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 2010-15560 Filed 6-25-10; 8:45 am]
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