Drawbridge operations: North Carolina,
[Federal Register: September 10, 1998 (Volume 63, Number 175)]
[Proposed Rules]
[Page 48453-48455]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se98-20]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-98-069]
RIN 2115-AE47
Drawbridge Operation Regulations; Perquimans River, Hertford, North Carolina
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to change the regulations that govern the operation of the drawbridge across Perquimans River, mile 12.0, in Hertford, North Carolina, by decreasing its hours of operation during specific times of inactivity. This proposed rule is intended to lessen the high cost of manning the drawbridge 24 hours a day while still providing for the reasonable needs of navigation.
DATES: Comments must be received on or before November 9, 1998.
ADDRESSES: Comments may be mailed to Commander (Aowb), Fifth Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or may be hand-delivered to the same address between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. The telephone number is (757) 398-6222. Comments will become a part of this docket and will be available for inspection and copying at the above address.
FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at (757) 398-6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in this rulemaking by submitting written views, comments, data, or arguments. Persons submitting comments should include their names and addresses, identify this rulemaking (CGD05-98-069), the specific section of this rule to which each comment applies, and give reasons for each comment. The Coast Guard requests that all comments and attachments be submitted in an unbound format suitable for copying
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and electronic filing. If that is not practical, a second copy of any bound material is requested. Persons wanting acknowledgment of receipt of comments should enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the comment period. It may change this proposal in view of the comments. The Coast Guard plans no public hearing. Persons may request a public hearing by writing to the Commander, (Aowb) Fifth Coast Guard District, at the address listed under ADDRESSES. The request should include reasons why a hearing would be beneficial. If it determines that the opportunity for oral presentations will aid this rulemaking, the Coast Guard will hold a public hearing at a time and place announced by a later notice in the Federal Register.
Background and Purpose
The current regulations at 33 CFR 117.835 require the U.S. Route 17 drawbridge across the Perquimans River, mile 12.0, in Hertford, North Carolina to operate as follows: The draw shall 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. The Town of Hertford, through the North Carolina Department of Transportation (NCDOT), has requested permission to decrease the number of hours the bridge is attended. In support of its request, NCDOT asserts that 3 years of drawbridge opening logs (from 1995 through 1997) show that marine vessel traffic significantly decreased during April and at night from 10 p.m. to midnight throughout the year.
The Coast Guard has reviewed these logs (copies of which are included in the docket for this rulemaking) and they appear to support NCDOT's request. According to the January 1995 to December 1997 drawbridge logs, 233 openings occurred, which is a decrease from the previous three years (1992-94), when there were 370 openings.
The decrease in the overall number of openings plus the decrease in openings during the registered time periods indicate that it would be advantageous to change the drawbridge operating regulations. Based on this data, the Coast Guard believes that closure during the proposed time periods would not overburden marine traffic while lessening the high cost of manning the bridge 24 hours per day. This proposed rule is intended to decrease the high cost of manning the drawbridge while still providing for the reasonable needs of navigation.
Discussion of Proposed Rule
The Coast Guard is proposing a new regulation governing the operation of this drawbridge. The proposed rule would require the draw to operate as follows:
‹bullet› During May through September, the draw would open on signal from 8 a.m. to 10 p.m., seven days a week.
‹bullet› During April and October, the draw would open on signal from 8 a.m. to 10 p.m., Saturdays and Sundays.
‹bullet› During March and November, the draw would open on signal from 10 a.m. to 10 p.m., Saturdays and Sundays.
‹bullet› During December, January, and February, twenty-four hours advance notice would be required for openings.
‹bullet› At all other times, the draw would not be required to open.
The drawbridge would continue to be required to operate in compliance with 33 CFR 117.31(b), Operation of draw for emergency situations, and 33 CFR 117.55, Posting of requirements.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. It has been exempted from review by the Office of Management and Budget under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard believes that closure during the proposed time periods would not overburden marine traffic due to the lack of use during these periods. Therefore, the Coast Guard expects the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast Guard must consider whether this proposed rule will have a significant economic impact on a substantial number of small entities. ``Small entities'' include independently owned and operated small businesses that are not dominant in their field and that otherwise qualify as ``small business concerns'' under section 3 of the Small Business Act (15 U.S.C. 632). Because it expects the impact of this proposed rule to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if adopted, will not have a significant economic impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this proposal under the principles and criteria contained in Executive Order 12612, and has determined that this proposed rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this proposal and concluded that under Figure 2-1, paragraph (32)(e) of COMDTINST M16475.1C, this proposed rule is categorically excluded from further environmental documentation based on the fact that it is a promulgation of the operating regulations for a drawbridge. A Categorical Exclusion Determination statement has been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
In consideration of the foregoing, the Coast Guard proposes to amend Part 117 of Title 33, Code of Federal Regulations as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
-
The authority citation for Part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); Section 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039.
-
Section 117.835 is revised to read as follows:
Sec. 117.835 Perquimans River.
The draw of the US17 Bridge over Perquimans River, mile 12.0, in Hertford, North Carolina shall operate as follows:
(a) During May through September, the draw shall open on signal from 8 a.m. to 10 p.m., seven days a week.
(b) During April and October, the draw shall open on signal from 8 a.m. to 10 p.m., Saturdays and Sundays.
(c) During March and November, the draw shall open on signal from 10 a.m. to 10 p.m., Saturdays and Sundays.
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(d) During December, January, and February, twenty-four hours advance notice is required for openings.
(e) The draw need not be opened at all other times.
Dated: September 1, 1998. Roger T. Rufe, Jr., Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-24289Filed9-9-98; 8:45 am]
BILLING CODE 4910-15-M
