Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, North Carolina

Regulatory History

On October 16, 1997, the Coast Guard published a Notice of Proposed Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, North Carolina'' in the Federal Register (62 FR 53770). The Coast Guard received one letter commenting on the proposed rulemaking. No public hearing was requested and none was held.

Background and Purpose

The Onslow Beach Swing Bridge and adjoining property are part of the Marine Corps Base at Camp Lejeune military reservation, located adjacent to Jacksonville, North Carolina. The current regulations require the Onslow Beach Swing Bridge to open on signal at all times. This requirement is included in the general operating regulations at 33 CFR 117.5. The USMC requested changes in the regulation to require the bridge to open on signal, except from 7 a.m. to 7 p.m., when the bridge would open on the hour and half hour. Prior to publishing the NPRM, the Coast Guard reviewed the USMC's bridge logs from October 1993 through July 1997 which revealed an average of 38 bridge opening requests per day. During peak opening periods in the Fall and Spring, bridge tenders received an average of 45 bridge opening requests per day. Considering the minimal number of openings identified by the bridge logs, the Coast Guard believes that this rule will more fairly balance the competing needs of vehicular and vessel traffic. Other drawbridges along the AICW in North Carolina are governed by specific regulations listed in 33 CFR 117.821 which require them to open on the hour or on the hour and half hour. The USMC's requested change to the regulations for the Onslow Beach Swing Bridge would make its schedule consistent with those for the other AICW drawbridges in North Carolina. Therefore, the Coast Guard is amending Sec. 117.821 by revising paragraph (a)(3) to require the Onslow Beach Swing Bridge across the AICW, mile 240.7, at Camp Lejeune, North Carolina, to open on signal except that openings will be limited to on the hour and half hour, between 7 a.m. and 7 p.m. The final rule also amends Sec. 117.821(a) by deleting the text stating that the bridge shall open on signal for public vessels of the United States, state and local government vessels, and any vessel in an emergency involving danger to life or property. This is a general requirement published at 33 CFR 117.31, which is no longer required in each specific bridge regulation. Commercial vessels will continue to pass on signal as provided in new paragraph (a). To ensure clarity and consistency of the operating regulation, parts of former paragraph (b) have been reworded and

redesignated as paragraph (a). The final rule makes no substantive changes in paragraphs (b)(1)-(6); however minor editorial changes to the text have been made to clarity the regulation. For clarity and ease of use to the public, the Coast Guard is republishing the entire section as amended.

Discussion of Comments and Changes

The Coast Guard received one comment on the NPRM expressing support for the proposed rule. No adverse comments were received; therefore, the final rule is being implemented without change.

Regulatory Evaluation

This final 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 expects the economic impact of this final 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 et seq.), the Coast Guard must consider whether this final 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). This final rule does not restrict vessel navigation, but merely limits the bridge openings to on the hour and half hour, from 7 a.m. to 7 p.m. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b), that this final rule will not have a significant economic impact on a substantial number of small entities.

Collection of Information

This final rule contains no collection of information requirement under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this final rule under the principles and criteria contained in Executive Order 12612 and has determined that this final rule does not have sufficient federalism implications to warrant preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this final rule and concluded that under section 2.B.2.e.(32)(e) of Commandant Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this final rule is categorically excluded from further environmental documentation. A Categorical Exclusion Determination statement has been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons discussed in the preamble, the Coast Guard amends 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; 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.

2. Section 117.821 is revised to read as follows:

Sec. 117.821 Atlantic Intracoastal Waterway, Albermarle Sound to Sunset Beach.

(a) The drawbridges across the Atlantic Intracoastal Waterway in North Carolina shall open on signal for commercial vessels at all times and on signal for pleasure vessels, except at the times and during the periods specified in this paragraph: (1) S.H. 94 Bridge, mile 113.7, at Fairfield, NC from April 1 to November 30, between 7 a.m. and 7 p.m., the draw need only open on the hour and half hour. (2) S.R. 304 Bridge, mile 157.2, at Hobucken, NC, from April 1 to November 30, between 7 a.m. and 7 p.m., the draw need only open on the hour and half hour. (3) Onslow Beach Swing Bridge, mile 240.7, at Cap Lejeune, NC, between 7 a.m. and 7 p.m., the draw need only open on the hour and half hour. (4) S.R. 50 Bridge, mile 260.7, at Surf City, NC, between 7 a.m. and 7 p.m., the draw need only open on the hour. (5) Figure Eight Swing Bridge, mile 278.1, at Scotts Hill, NC, the draw need only open on the hour and half hour. (6) S.R. 74 Bridge, mile 283.1, at Wrightsville Beach, NC, between 7 a.m. and 7 p.m., the draw need only open on the hour. (7) S.R. 1172 Bridge, mile 337.9, at Sunset Beach, NC, shall open on the hour on signal 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. (b) If a pleasure vessel is approaching a drawbridge which is only required to open on the hour or on the hour and half hour, and cannot reach the drawbridge on the hour or on the half hour, the drawtender may delay the required opening up to 10 minutes past the hour or half hour.

Dated: February 13, 1998. Roger Rufe, Jr. Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District. [FR Doc. 98-4836 Filed 2-24-98; 8:45 am] BILLING CODE 4910-14-M