Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Rules and Regulations 5005 

she satisfies the requirements of paragraph 

(b)(1) of this section for each year. J continues 

to reside in Possession C until September 6, 

2010, when she accepts new employment 

and moves to State H. J’s principal place of 

business from January 1 through September 

5, 2010 is in Possession C, and during that 

period (which totals at least 183 days) J does 

not have a closer connection to the United 

States or a foreign country than to Possession 

C. For the remainder of 2010 and throughout 

years 2011 through 2013, D continues to live 

and work in State H and is not a bona fide 

resident of Possession C. J satisfies the tax 

home and closer connection tests for 2010 

with respect to Possession C under 

paragraphs (d)(2)(i), (e)(2), and (f)(2)(i) of this 

section. Accordingly, assuming that J also 

satisfies the presence test of paragraph (c) of 

this section, J is a bona fide resident of 

Possession C for all of taxable year 2010. 

Example 9. Year of move from Puerto Rico. 

R, a U.S. citizen who files returns on a 

calendar year basis satisfies the requirements 

of paragraphs (b) through (e) of this section 

for years 2006 and 2007. From January 

through April 2008, R continues to reside 

and maintain his principal place of business 

in and closer connection to Puerto Rico. On 

May 5, 2008, R moves and changes his 

principal place of business (tax home) to 

State N and later that year establishes a closer 

connection to the United States than to 

Puerto Rico. R does not satisfy the presence 

test of paragraph (c) for 2008 with respect to 

Puerto Rico. Moreover, because R had a tax 

home outside of Puerto Rico and establishes 

a closer connection to the United States in 

2008, R does not satisfy the requirements of 

paragraph (d)(1) or (e)(1) of this section for 

2008. However, because R was a bona fide 

resident of Puerto Rico for at least two 

taxable years before his change of residence 

to State N in 2008, he is a bona fide resident 

of Puerto Rico from January 1 through May 

4, 2008 under paragraphs (b)(5) and (f)(2)(ii) 

of this section. See section 933(2) and 

§ 1.933–1(b) for rules on attribution of 

income. 

(h) Information reporting requirement. 

The following individuals are required 

to file notice of their new tax status in 

such time and manner as the 

Commissioner may prescribe by notice, 

form, instructions, or other publication 

(see § 601.601(d)(2) of this chapter): 

(1) Individuals who take the position 

for U.S. tax reporting purposes that they 

qualify as bona fide residents of a 

possession for a tax year subsequent to 

a tax year for which they were required 

to file Federal income tax returns as 

citizens or residents of the United States 

who did not so qualify. 

(2) Citizens and residents of the 

United States who take the position for 

U.S. tax reporting purposes that they do 

not qualify as bona fide residents of a 

possession for a tax year subsequent to 

a tax year for which they were required 

to file income tax returns (with the 

Internal Revenue Service, the tax 

authorities of a possession, or both) as 

individuals who did so qualify. 

(3) Bona fide residents of Puerto Rico 

or a section 931 possession (as defined 

in § 1.931–1T(c)(1)) who take a position 

for U.S. tax reporting purposes that they 

qualify as bona fide residents of that 

possession for a tax year subsequent to 

a tax year for which they were required 

to file income tax returns as bona fide 

residents of the United States Virgin 

Islands or a section 935 possession (as 

defined in § 1.935–1T(a)(3)(i)). 

(i) Effective date. Except as provided 

in this paragraph (i), this section applies 

to taxable years ending after January 31, 

2006. Paragraph (h) of this section also 

applies to a taxpayer’s 3 taxable years 

immediately preceding the taxpayer’s 

first taxable year ending after October 

22, 2004. Taxpayers also may choose to 

apply this section in its entirety to all 

taxable years ending after October 22, 

2004 for which the statute of limitations 

under section 6511 is open. 

§ 1.937–1T [Removed] 

■ Par. 9. Section 1.937–1T is removed. 

PART 602—OMB CONTROL NUMBERS 

UNDER THE PAPERWORK 

REDUCTION ACT 

■ Par. 10. The authority citation for part 

602 continues to read as follows: 

Authority: 26 U.S.C. 7805. 

■ Par. 11. In § 602.101, paragraph (b) is 

amended by removing the entry for 

‘‘1.937–1T’’ and adding a new entry for 

‘‘1.937–1’’ in numerical order to the 

table to read as follows: 

§ 602.101 OMB Control numbers. 

* * * * * 

(b) * * * 

CFR part or section where 

identified and described 

Current OMB 

control No. 

* * * * * 

1.937–1 ................................. 1545–1930 

* * * * * 

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: January 20, 2006. 

Eric Solomon, 

Acting Deputy Assistant Secretary of the 

Treasury (Tax Policy). 

[FR Doc. 06–818 Filed 1–30–06; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 915 

[Docket No. IA–015–FOR] 

Iowa Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are approving an amendment to 

the Iowa regulatory program (Iowa 

program) under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). Iowa proposed to 

amend its rules regarding its small 

operator assistance program. Iowa 

intends to revise its program to be 

consistent with the corresponding 

Federal regulations and SMCRA. 

EFFECTIVE DATE: January 31, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Andrew R. Gilmore, Chief, Alton Field 

Division. Telephone: (618) 463–6460. Email: IFOMAIL@osmre.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Iowa Program 

II. Submission of the Amendment 

III. OSM’s Findings 

IV. Summary and Disposition of Comments 

V. OSM’s Decision 

VI. Procedural Determinations 

I. Background on the Iowa Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its State program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Iowa 

program effective April 10, 1981. You 

can find background information on the 

Iowa program, including the Secretary’s 

findings, the disposition of comments, 

and conditions of approval, in the 

January 21, 1981, Federal Register (46 

FR 5885). You can also find later actions 

concerning Iowa’s program and program 

amendments at 30 CFR 915.10, 915.15, 

and 915.16. 


hsrobinson on PROD1PC70 with RULES
5006 Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Rules and Regulations 

II. Submission of the Amendment 

By letter dated August 19, 2005 

(Administrative Record No. IA–450), the 

Iowa Department of Agriculture and 

Land Stewardship, Division of Soil 

Conservation (IDSC) sent us a copy of 

the coal mine rules that it had adopted 

on March 30, 2005. Included in the 

adopted rules were changes to Iowa 

Administrative Code (IAC) 27–

40.41(207) regarding Iowa’s small 

operator assistance program that we had 

not previously approved. Iowa proposed 

the changes in response to a required 

program amendment at 30 CFR 

915.16(b) that we codified on June 1, 

2004 (69 FR 30821). 

We announced receipt of the 

amendment in the October 18, 2005, 

Federal Register (70 FR 60478). In the 

same document, we opened the public 

comment period and provided an 

opportunity for a public hearing or 

meeting on the adequacy of the 

amendment. We did not hold a public 

hearing or meeting because no one 

requested one. The public comment 

period ended on November 17, 2005. 

We did not receive any comments. 

III. OSM’s Findings 

Following are the findings we made 

concerning the amendment under 

SMCRA and the Federal regulations at 

30 CFR 732.15 and 732.17. We are 

approving the amendment as described 

below. 

IAC 27–40.41(207) Permanent 

Regulatory Program—Small Operator 

Assistance Program 

On June 1, 2004 (69 FR 30821), we 

codified a required program amendment 

at 30 CFR 915.16(b). We required Iowa 

to revise Iowa Code section 207.4(1)(d) 

to include the revisions that were made 

to section 507(c)(1) of SMCRA on 

November 5, 1990, and October 24, 

1992, before implementing its rule at 

IAC 27–40.41(207). The revisions to 

SMCRA changed the eligibility 

requirements for small operator 

assistance program participation by (1) 

increasing probable total annual 

production of coal from all locations of 

a coal surface mining operation from 

100,000 tons to 300,000 tons and (2) 

increasing the types of technical 

services that are eligible for funding. 

The Federal regulations at 30 CFR 

795.6(a)(2) and 795.9(b)(3) through 

795.9(b)(6) implement the revisions 

made to section 507(c)(1) of SMCRA. In 

response to our required amendment, 

Iowa proposed to incorporate the 

requirements of 30 CFR 915.16(b) in its 

rule at IAC 27–40.41(207) instead of 

updating its statute at Iowa Code section 

207.4(1)(d). IAC 27–40.41(207) adopts 

30 CFR part 795, as in effect on July 1, 

2002, by reference. More specifically 

Iowa proposed to add subrules IAC 27–

40.41(3) and 40.41(4). These subrules 

read as follows: 

Subrule IAC 27–40.41(3) 

Eligibility thresholds for annual 

production in tons at 30 CFR 795.6(a)(2) shall 

not apply until the same threshold at Iowa 

Code section 207.4(1)(d) has been amended 

from 100,000 tons to 300,000 tons. 

Subrule IAC 27–40.41(4) 

Program services at 30 CFR 795.9(b)(3) 

through 795.9(b)(6) shall not apply until Iowa 

Code section 207.4(1)(d) has been amended 

to authorize these services. 

As shown above, new subrules IAC 

27–40.41(3) and 40.41(4) do not allow 

Iowa to implement its small operator 

assistance program until Iowa Code 

section 207.4(1)(d) is revised to 

authorize the new eligibility 

requirements for small operator 

assistance. Currently, Iowa is not 

implementing a small operator 

assistance program and does not have 

any potential operators that may qualify 

for program assistance. Therefore, we 

are approving subrules IAC 27–40.41(3) 

and 40.41(4) as acceptable responses to 

30 CFR 915.16(b), and we are removing 

the required amendment. 

IV. Summary and Disposition of 

Comments 

Public Comments 

We asked for public comments on the 

amendment, but did not receive any. 

Federal Agency Comments 

Under 30 CFR 732.17(h)(11)(i) and 

section 503(b) of SMCRA, we requested 

comments on the amendment from 

various Federal agencies with an actual 

or potential interest in the Iowa program 

(Administrative Record No. IA–450.1). 

We did not receive any comments. 

Environmental Protection Agency (EPA) 

Concurrence and Comments 

Under 30 CFR 732.17(h)(11)(ii), we 

are required to get a written concurrence 

from EPA for those provisions of the 

program amendment that relate to air or 

water quality standards issued under 

the authority of the Clean Water Act (33 

U.S.C. 1251 et seq.) or the Clean Air Act 

(42 U.S.C. 7401 et seq.). None of the 

revisions that Iowa proposed to make in 

this amendment pertain to air or water 

quality standards. Therefore, we did not 

ask EPA to concur on the amendment. 

Under 30 CFR 732.17(h)(11)(i), we 

requested comments on the amendment 

from EPA (Administrative Record No. 

IA–450.1). EPA did not respond to our 

request. 

State Historic Preservation Officer 

(SHPO) and the Advisory Council on 

Historic Preservation (ACHP) 

Under 30 CFR 732.17(h)(4), we are 

required to request comments from the 

SHPO and ACHP on amendments that 

may have an effect on historic 

properties. On September 2, 2005, we 

requested comments on Iowa’s 

amendment (Administrative Record No. 

IA–450.1), but neither responded to our 

request. 

V. OSM’s Decision 

Based on the above findings, we 

approve the amendment Iowa sent us on 

August 19, 2005. 

We approve the rules proposed by 

Iowa with the provision that they be 

fully promulgated in identical form to 

the rules submitted to and reviewed by 

OSM and the public. 

To implement this decision, we are 

amending the Federal regulations at 30 

CFR part 915, which codify decisions 

concerning the Iowa program. We find 

that good cause exists under 5 U.S.C. 

553(d)(3) to make this final rule 

effective immediately. Section 503(a) of 

SMCRA requires that the State’s 

program demonstrate that the State has 

the capability of carrying out the 

provisions of the Act and meeting its 

purposes. Making this rule effective 

immediately will expedite that process. 

SMCRA requires consistency of State 

and Federal standards. 

VI. Procedural Determinations 

Executive Order 12630—Takings 

This rule does not have takings 

implications. This determination is 

based on the analysis performed for the 

counterpart Federal regulation. 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Executive Order 12988—Civil Justice 

Reform 

The Department of the Interior has 

conducted the reviews required by 

section 3 of Executive Order 12988 and 

has determined that this rule meets the 

applicable standards of subsections (a) 

and (b) of that section. However, these 

standards are not applicable to the 

actual language of State regulatory 

programs and program amendments 

because each program is drafted and 

promulgated by a specific State, not by 

OSM. Under sections 503 and 505 of 

SMCRA (30 U.S.C. 1253 and 1255) and 

the Federal regulations at 30 CFR 

730.11, 732.15, and 732.17(h)(10), 


hsrobinson on PROD1PC70 with RULES
Federal Register / Vol. 71, No. 20 / Tuesday, January 31, 2006 / Rules and Regulations 5007 

decisions on proposed State regulatory 

programs and program amendments 

submitted by the States must be based 

solely on a determination of whether the 

submittal is consistent with SMCRA and 

its implementing Federal regulations 

and whether the other requirements of 

30 CFR parts 730, 731, and 732 have 

been met. 

Executive Order 13132—Federalism 

This rule does not have Federalism 

implications. SMCRA delineates the 

roles of the Federal and State 

governments with regard to the 

regulation of surface coal mining and 

reclamation operations. One of the 

purposes of SMCRA is to ‘‘establish a 

nationwide program to protect society 

and the environment from the adverse 

effects of surface coal mining 

operations.’’ Section 503(a)(1) of 

SMCRA requires that State laws 

regulating surface coal mining and 

reclamation operations be ‘‘in 

accordance with’’ requirements of 

SMCRA, and section 503(a)(7) requires 

that State programs contain rules and 

regulations ‘‘consistent with’’

regulations issued by the Secretary 

pursuant to SMCRA. 

Executive Order 13175—Consultation 

and Coordination With Indian Tribal 

Governments 

In accordance with Executive Order 

13175, we have evaluated the potential 

effects of this rule on Federallyrecognized Indian tribes and have 

determined that the rule does not have 

substantial direct effects 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. 

This determination is based on the fact 

that the Iowa program does not regulate 

coal exploration and surface coal 

mining and reclamation operations on 

Indian lands. Therefore, the Iowa 

program has no effect on Federallyrecognized Indian tribes. 

Executive Order 13211—Regulations 

That Significantly Affect the Supply, 

Distribution, or Use of Energy 

On May 18, 2001, the President issued 

Executive Order 13211 which requires 

agencies to prepare a Statement of 

Energy Effects for a rule that is (1) 

considered significant under Executive 

Order 12866, and (2) likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Because 

this rule is exempt from review under 

Executive Order 12866 and is not 

expected to have a significant adverse 

effect on the supply, distribution, or use 

of energy, a Statement of Energy Effects 

is not required. 

National Environmental Policy Act 

This rule does not require an 

environmental impact statement 

because section 702(d) of SMCRA (30 

U.S.C. 1292(d)) provides that agency 

decisions on proposed State regulatory 

program provisions do not constitute 

major Federal actions within the 

meaning of section 102(2)(C) of the 

National Environmental Policy Act (42 

U.S.C. 4332(2)(C)). 

Paperwork Reduction Act 

This rule does not contain 

information collection requirements that 

require approval by OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3507 et seq.). 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The State submittal, 

which is the subject of this rule, is based 

upon counterpart Federal regulations for 

which an economic analysis was 

prepared and certification made that 

such regulations would not have a 

significant economic effect upon a 

substantial number of small entities. In 

making the determination as to whether 

this rule would have a significant 

economic impact, the Department relied 

upon the data and assumptions for the 

counterpart Federal regulations. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This rule: (a) Does not have an annual 

effect on the economy of $100 million; 

(b) Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions; and (c) Does not 

have significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of U.S.-based enterprises to compete 

with foreign-based enterprises. This 

determination is based upon the fact 

that the State submittal, which is the 

subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 915 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: December 28, 2005. 

Charles E. Sandberg, 

Regional Director, Mid-Continent Region. 

■ For the reasons set out in the 

preamble, 30 CFR part 915 is amended 

as set forth below: 

PART 915—IOWA 

■ 1. The authority citation for part 915 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. Section 915.15 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of final 

publication’’ to read as follows: 

§ 915.15 Approval of Iowa regulatory 

program amendments. 

* * * * * 


hsrobinson on PROD1PC70 with RULES
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