5008 Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Rules and Regulations 

Original amendment submission date Date of final publication Citation/description 

* * * * * * * 

August 19, 2005 ......................................................... January 31, 2006 ....................................................... IAC 27C40.41(3) and 40.41(4). 

■ 3. Amend § 915.16 as follows: 

■ a. Revise the section heading to read 

as set forth below; and 

■ b. Remove and reserve the text, in its 

entirety, of the section. 

§ 915.16 Required program amendments. 

[Reserved] 

[FR Doc. 06–881 Filed 1–30–05; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD05–05–102] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Atlantic Intracoastal Waterway (AICW), 

Cape Fear River, and Northeast Cape 

Fear River, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the drawbridge operation regulations of 

three North Carolina Department of 

Transportation (NCDOT) bridges: The 

S.R. 74 Bridge, across the AICW mile 

283.1 at Wrightsville Beach; the Cape 

Fear River Memorial Bridge, mile 26.8, 

at Wilmington; and the Isabel S. Holmes 

(US 117) Bridge, at mile 1.0, across 

Northeast Cape Fear River at 

Wilmington, North Carolina. This rule 

will allow the bridges to remain in the 

closed position at particular dates and 

times to accommodate road races, 

marathons and triathlons. Vessels that 

can pass under the bridges without a 

bridge opening may do so at all times. 

DATES: This rule is effective March 17, 

2006. 

ADDRESSES: The Fifth Coast Guard 

District maintains the docket for this 

rulemaking. Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in docket, are part of 

docket CGD05–05–102 and are available 

for inspection or copying at the 

Commander (obr), Fifth Coast Guard 

District, Federal Building, 1st Floor, 431 

Crawford Street, Portsmouth, Virginia 

23703–5004, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: Gary 

Heyer, Bridge Management Specialist, 

Fifth Coast Guard District, at (757) 398–

6629. 

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On October 3, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Drawbridge Operation 

Regulations; Atlantic Intracostal 

Waterway (AICW), Cape Fear River, and 

Northeast Cape Fear River, NC’’ in the 

Federal Register (70 FR 57524). We 

received no comments on the proposed 

rule. No public meeting was requested, 

and none was held. 

Background and Purpose 

On behalf of the Young Men’s 

Christian Association (YMCA), NCDOT 

requested changes to the operating 

drawbridge regulations to accommodate 

the Tri-Span Run, Battleship Half 

Marathon, and Triathlon Run. The races 

are annual events sponsored by the 

YMCA, attracting spectators and 

participants from the surrounding cities 

and states. 

In accordance with 33 CFR 117.37(a) 

for reasons of public safety or for public 

functions, the District Commander may 

authorize the opening and closing of a 

drawbridge for a specified period of 

time. 

NCDOT, who owns and operates the 

S.R. 74 Bridge across the AICW mile 

283.1 at Wrightsville Beach; the Cape 

Fear River Memorial Bridge mile 26.8 

across the Cape Fear River, at 

Wilmington, North Carolina; and the 

Isabel S. Holmes Bridge mile 1.0 (U.S. 

117, across Northeast Cape Fear River at 

Wilmington, North Carolina), requested 

the following drawbridge changes: 

Atlantic Intracoastal Waterway 

The S.R. 74 Bridge, at AICW mile 

283.1 at Wrightsville Beach, has a 

vertical clearance of 20 feet at mean 

high water and 24 feet at mean low 

water in the closed position to vessels. 

The existing operating regulations are 

set out in 33 CFR 117.821(a)(5). 

A Triathlon race is held on the third 

Saturday in September of every year 

with the fourth Saturday used as the 

alternate day. To facilitate the race, the 

bridge will be maintained in the closedto-navigation position from 7 a.m. to 11 

a.m. on the third or fourth Saturday in 

September of every year. 

Cape Fear River 

The Cape Fear Memorial Bridge mile 

26.8, in Wilmington, has a vertical 

clearance of 65 feet at mean high water 

and 68 feet at mean low water in the 

closed position to vessels. The existing 

regulation is listed at 33 CFR 117.5, 

which requires the bridge to open on 

signal. 

Both races, the Tri-Span run and the 

Battlefield Half Marathon, cross the 

Cape Fear River Memorial Bridge in 

Wilmington. The Tri-Span run is held 

on the second Saturday of July. To 

facilitate the race, the bridge will be 

maintained in the closed-to-navigation 

position from 8 a.m. to 10 a.m. on the 

second Saturday of July of every year. 

The Battleship Half Marathon is held 

on the second Sunday of November. To 

facilitate the marathon, the bridge will 

be maintained in the closed-tonavigation position from 7 a.m. to 11 

a.m. on the second Sunday of November 

of every year. 

Northeast Cape Fear River 

The Isabel S. Holmes Bridge, U.S. 17, 

SR 133 at mile 1.0, in Wilmington has 

a vertical clearance of 26 feet at mean 

high water and 30 feet at mean low 

water in the closed position to vessels. 

The existing regulation is listed at 33 

CFR 117.829. 

Both races, the Tri-Span run and the 

Battlefield Half Marathon, cross the 

Isabel S. Holmes Memorial Bridge in 

Wilmington. The Tri-Span run is held 

on the second Saturday of July. To 

facilitate the race, the bridge will be 

maintained in the closed-to-navigation 

position from 8 a.m. to 10 a.m. on the 

second Saturday of July of every year. 

The Battleship Half Marathon is held 

on the second Sunday of November of 

every year. To facilitate the marathon, 

the bridge will be maintained in the 

closed-to-navigation position from 7 

a.m. to 11 a.m. on the second Sunday 

of November of every year. 

The Coast Guard believes that the 

proposed changes are reasonable due to 

the short duration that the drawbridges 

will be maintained in the closed 

position to vessels, because these events 

have been observed in past years with 

little or no impact to marine or 

vehicular traffic. It is also a necessary 

measure to facilitate public safety that 


hsrobinson on PROD1PC70 with RULES
Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Rules and Regulations 5009 

allows for the orderly movement of 

participants and vehicular traffic before, 

during and after the races. 

Atlantic Intracoastal Waterway 

This rule amends 33 CFR 117.821 by 

revising paragraph (a)(5), which details 

the operating regulations for the S.R. 74 

Bridge. 

Paragraph § 117.821(a)(5) will be 

amended to allow the S.R. 74 Bridge to 

remain in the closed position from 7 

a.m. to 11 a.m. on the third and fourth 

Saturday in September of every year. 

Neuse River 

Section 117.823 Neuse River will be 

redesignated at § 117.824 to allow 

alphabetical placement and codification 

of Cape Fear River at § 117.823. 

Cape Fear River 

Cape Fear River will be added at new 

§ 117.823, detailing the operating 

regulations and allowing the Cape Fear 

Memorial Bridge to remain in the 

closed-to-navigation position from 8 

a.m. to 10 a.m. on the second Saturday 

of July of every year, and from 7 a.m. to 

11 a.m. on the second Sunday of 

November of every year. The current 

operating regulations set out in 33 CFR 

117.5 require the drawbridge to open on 

signal when a request to open is given. 

Northeast Cape Fear River 

This rule amends 33 CFR 117.829 by 

revising paragraph (a), which details the 

operating regulations for the Isabel S. 

Holmes Bridge. 

A new paragraph will be added to 

§ 117.829, which allows the Isabel S. 

Holmes Bridge to remain in the closed 

position from 8 a.m. to 10 a.m. on the 

second Saturday of July of every year, 

and from 7 a.m. to 11 a.m. on the second 

Sunday of November of every year. 

Discussion of Comments and Changes 

The Coast Guard did not receive any 

comments on the NPRM. Therefore, no 

changes were made to the final rule. 

Regulatory Evaluation 

This 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. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. We reached this 

conclusion based on the fact that the 

changes have only a minimal impact on 

maritime traffic transiting the bridge. 

Mariners can plan their trips in 

accordance with the scheduled bridge 

openings to minimize delays. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this 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 rule would not 

have a significant economic impact on 

a substantial number of small entities. 

This 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 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 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 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 rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule would not affect 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 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 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 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 rule under 

Executive Order 13211, Actions 

Concerning Regulations That 


hsrobinson on PROD1PC70 with RULES
5010 Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Rules and Regulations 

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 

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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (32)(e) of the 

Instruction, from further environmental 

documentation because it has been 

determined that the promulgation of 

operating regulations for drawbridges 

are categorically excluded. 

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; Department of 

Homeland Security Delegation No. 0170.1; 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 amended by 

revising paragraph (a)(5) to read as 

follows: 

§ 117.821 Atlantic Intracoastal Waterway, 

Albermarle Sound to Sunset Beach. 

(a) * * * 

(5) 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; except that from 7 a.m. to 11 

a.m. on the third and fourth Saturday in 

September of every year, the draw need 

not open for vessels due to the Triathlon 

run. 

* * * * * 

§ 117.823 [Redesignated] 

■ 3. Redesignate § 117.823 as § 117.824. 

■ 4. Add new § 117.823 to read as 

follows: 

§ 117.823 Cape Fear River. 

The draw of the Cape Fear Memorial 

Bridge, mile 26.8, at Wilmington need 

not open for the passage of vessel from 

8 a.m. to 10 a.m. on the second Saturday 

of July of every year, and from 7 a.m. to 

11 a.m. on the second Sunday of 

November of every year. 

■ 5. Section 117.829 is amended by 

adding a new paragraph (a)(4) to read as 

follows: 

§ 117.829 Northeast Cape Fear River. 

(a) * * * 

(4) From 8 a.m. to 10 a.m. on the 

second Saturday of July of every year, 

and from 7 a.m. to 11 a.m. on the second 

Sunday of November of every year, the 

draw need not open for vessels. 

* * * * * 

Dated: January 20, 2006. 

L.L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 06–854 Filed 1–30–06; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP Western Alaska-6–001] 

RIN 1625–AA00 

Safety Zone; Alaska, South Central, 

Cook Inlet, Kamishak Bay 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

near Augustine Island, located in 

Kamishak Bay in Cook Inlet, Alaska. 

The zone is needed to protect marine 

traffic from hazards associated with 

recent eruptions of the Augustine 

Volcano. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the 

Commander, Seventeenth Coast Guard 

District; the Coast Guard Captain of the 

Port, Western Alaska; or their on-scene 

representative. The intended effect of 

the proposed safety zone is to mitigate 

damage to vessels from hazards 

associated with the Augustine Volcano. 

DATES: This rule is effective from 

January 18, 2006 through September 1, 

2006 or until cancelled. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket [COTP 

Western Alaska-6–001] and are available 

for inspection or copying at Coast Guard 

Marine Safety Office Anchorage, 510 

‘‘L’’ Street, Suite 100, Anchorage, AK 

99501. Normal Office hours are 7:30 

a.m. to 4 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: LT 

Meredith Gillman, Marine Safety Office 

Anchorage, at (907) 271–6700. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. Any delay 

encountered in this regulation’s 

effective date would be contrary to 

public interest because immediate 

action is needed to prevent a risk to 

vessel traffic posed by the Augustine 

Volcano, which began erupting 

intermittently and with little advance 

warning on January 11, 2006. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 


hsrobinson on PROD1PC70 with RULES