Drawbridge Operation Regulation; Northeast Cape Fear River, Wilmington, NC

 
CONTENT
Federal Register, Volume 84 Issue 244 (Thursday, December 19, 2019)
[Federal Register Volume 84, Number 244 (Thursday, December 19, 2019)]
[Proposed Rules]
[Pages 69685-69687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27355]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0682]
RIN 1625-AA09
Drawbridge Operation Regulation; Northeast Cape Fear River,
Wilmington, NC
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Isabel S. Holmes Bridge (US 74/SR 133),
across the Northeast Cape Fear River, at mile 1.0, at Wilmington, North
Carolina. This proposed temporary modification will allow the
drawbridge to be maintained in the closed position and is necessary to
accommodate bridge maintenance.
DATES: Comments and relate material must reach the Coast Guard on or
before January 21, 2020.
ADDRESSES:  You may submit comments identified by docket number USCG-
2019-0682 using Federal e-Rulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Michael Thorogood, Bridge Administration Branch
Fifth District, Coast Guard, telephone 757-398-6557, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
    The North Carolina Department of Transportation, who owns and
operates the Isabel S. Holmes Bridge (US 74/SR 133), across the
Northeast Cape Fear River, at mile 1.0, at Wilmington, North Carolina,
has requested this modification to allow the drawbridge to be
maintained in the closed-to-navigation position to facilitate bridge
maintenance of the drawbridge.
    The Isabel S. Holmes Bridge (US 74/SR 133), across the Northeast
Cape Fear River, at mile 1.0, at Wilmington, North Carolina has a
vertical clearance of 40 feet above mean high water in the closed
position and unlimited vertical clearance above mean high water in the
open position. The current operating schedule for the drawbridge is
published in 33 CFR 117.829(a).
    This proposed temporary final rule is necessary to facilitate safe
and effective bridge maintenance of the drawbridge, while providing for
the reasonable needs of navigation. A work platform will reduce the
vertical clearance of the entire bridge span to approximately 34 feet
above mean high water in the closed position. Vessels that can safely
transit through the bridge in the closed position with the reduced
clearance may do so, if at least a thirty-minute notice is given, to
allow for navigation safety.
    The Coast Guard is proposing this rulemaking under authority in 33
U.S.C. 499.
III. Discussion of Proposed Rule
    Under this proposed temporary final rule, the drawbridge will be
maintained in the closed-to-navigation position twenty-four hours a
day, seven days a week from 7 p.m. on January 1, 2020, through 12:01
a.m. on June 30, 2021. The bridge will open on signal for daily
scheduled openings at 6 a.m., 10 a.m., 2 p.m., and 7 p.m., if at least
a twenty-four hour notice is given; except for bridge closures
authorized in accordance with 33 CFR 117.829(a)(4). The draw will also
open on signal, if at least a twenty-four hour notice is given, for
vessels unable to transit through the bridge during a scheduled
opening, due to the vessel's draft; except for bridge closures
authorized in accordance with CFR 117.829(a)(4). At all other times the
drawbridge will operate per 33 CFR 117.829(a).
    The bridge will not be able to open for emergencies and there is no
immediate alternative route for vessels unable to pass through the
bridge in the closed position. Vessels that can safely transit through
the bridge in the closed position with the reduced vertical clearance
may do so, if at least a thirty-minute notice is given, to allow for
navigation safety.
IV. Regulatory Analyses
    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that
vessels can still transit the bridge on signal for daily scheduled
openings at 6 a.m., 10 a.m., 2 p.m., and 7 p.m., if at least a twenty-
four hour notice is given; except for bridge closures authorized in
accordance with 33 CFR 117.829(a)(4). The draw will open on signal, if
at least a twenty-four hour notice is given, for vessels unable to
transit through the bridge during a scheduled opening, due to the
vessel's draft; except for bridge closures authorized in accordance
with 33 CFR 117.829(a)(4). At all other times the drawbridge will
operate per 33 CFR 117.829(a).
B. Impact on Small Entities
    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
[[Page 69686]]
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above, this proposed rule would not have a significant economic impact
on any vessel owner or operator.
    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.
    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.
    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 the person listed
in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. 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.).
D. Federalism and Indian Tribal Government
    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.
    We have analyzed this proposed rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
E. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and the U.S. Coast Guard Environmental
Planning Policy COMDTINST 5090.1 (series) which guide the Coast Guard
in complying with the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321-4370f).
    We have made a preliminary determination that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
promulgates the operating regulations or procedures for drawbridges.
Normally this action is categorically excluded from further review,
under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard
Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
G. Protest Activities
    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
V. Public Participation and Request for Comments
    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period.
    Your comment can help shape the outcome of this rulemaking. If you
submit a comment, please include the docket number for this rulemaking,
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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
0
1. The authority citation for part 117 continues to read as follows:
    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No.
0170.1.
0
2 . Amend Sec.  117.829 by adding paragraph (a)(5) to read as follows:
Sec.  117.829   Northeast Cape Fear River.
    (a) * * *
    (5) From 7 p.m. on January 1, 2020, through 12:01 a.m. on June 30,
2021, the draw will be maintained in the closed-to-navigation position.
The draw will open on signal, if at least a twenty-four hour notice is
given, for scheduled openings at 6 a.m., 10 a.m., 2 p.m. and 7 p.m.;
except for bridge closures authorized in accordance with (a)(4) of this
section. The draw will open on signal, if at least a twenty-four hour
notice is given, for vessels unable to transit through the bridge
during a scheduled opening, due to the vessel's draft; except for
bridge closures authorized in accordance with (a) (4) of this section.
* * * * *
[[Page 69687]]
    Dated: November 25, 2019.
G.G. Stump,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 2019-27355 Filed 12-18-19; 8:45 am]
 BILLING CODE 9110-04-P