[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Proposed Rules]
[Pages 66039-66040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32886]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-97-080]


Drawbridge Operation Regulation; Beaufort Channel, Beaufort, 
North Carolina

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the North Carolina Department of 
Transportation, the Coast Guard is proposing a change to the 
regulations that govern the operation of the Greydon Paul Drawbridge on 
US 70 across Beaufort Channel, (also known as Gallant's Channel) mile 
0.1, located in Beaufort, North Carolina eliminating drawbridge 
openings at 7:40 a.m., 8:40 a.m., 4:40 p.m., and 5:40 p.m., on weekdays 
only. All other provisions of the existing regulation for this bridge 
would remain the same. This proposed rule is intended to reduce motor 
vehicle traffic delays and congestion related to commuter traffic going 
to and from work in the mornings and evenings, while still providing 
for the reasonable needs of navigation.

DATES: Comments must be received on or before February 17, 1998.

ADDRESSES: Comments should be mailed to Commander (Aowb), USCG Atlantic 
Area, 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, 
USCG Atlantic Area, at (757) 398-6222.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, comments, or arguments, 
including the reason for each comment. Persons responding to this 
proposal should include their names and addresses and should identify 
this rulemaking (CGD05-97-080) and the specific section of this 
proposal to which each comment applies. The Coast Guard requests that 
all comments and attachments be submitted in an unbound format suitable 
for copying and electronic filing. If 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 and 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) at the address 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 notice in the Federal 
Register.

Background and Purpose

    The Greydon Paul Drawbridge, mile 0.1, across Beaufort Channel is 
currently required to open on signal except that from 6 a.m. to 10 
p.m., the draw shall open on signal for all vessels waiting to pass 
every hour on the hour, twenty minutes past the hour and forty minutes 
past the hour.
    The North Carolina Department of Transportation (NCDOT) has 
requested that openings of the Greydon Paul Drawbridge be further 
restricted during rush hours. This request to change the current 
regulation is based on heavy vehicular traffic traveling to and from 
the town of Beaufort during peak rush hour periods. The Greydon Paul 
Drawbridge is located on US Highway 70, which is the only corridor 
entering and exiting the town of Beaufort from Morehead City, North 
Carolina. During rush hour periods, drawbridge openings create long 
traffic backups often extending for 6 to 7 miles. The heavy congestion 
often results in vehicular accidents. NCDOT proposes that by 
eliminating one opening per hour during rush hours, vehicular traffic 
congestion on US Highway 70 will be reduced and highway safety will be 
increased. NCDOT provided statistical data which shows the number of 
openings and vessels passing through the Beaufort Bridge at 7:40 a.m., 
8:40 a.m., 4:40 p.m. and 5:40 p.m., during August, 1997, which is one 
of the peak summer months for boating traffic for this area. The data 
revealed that only 42 out of a possible 120 drawbridge openings were 
required and a total of 65 vessels passed through the bridge. NCDOT 
contends that since the bridge was only required to open 35% of the 
time during these openings periods and there was minimal vessel traffic 
at these times, a reduction in the number of openings will not 
substantially impact navigational traffic. Overall, the Coast Guard 
believes that this proposed rule will reduce motor vehicle traffic 
delays and congestion related to rush hour traffic entering and exiting 
the town of Beaufort, North Carolina, while still providing for the 
reasonable needs of navigation.

Discussion of Proposed Amendments

    The Coast Guard proposes to amend the regulations governing the 
Greydon Paul Drawbridge, across Beaufort Channel, mile 0.1, located in 
Beaufort North Carolina, by eliminating drawbridge openings at 7:40 
a.m., 8:40 a.m., 4:40 p.m. and 5:40 p.m. on weekdays only, year-round. 
The regulation would state that from 6 a.m. to 10 p.m., the draw need 
only open every hour on the hour, twenty minutes past the hour and 
forty minutes past the hour; except that on weekdays the bridge need 
not open at 7:40 a.m., 8:40 a.m., 4:40 p.m., and 5:40 p.m. From 10 p.m. 
to 6 a.m. the bridge shall open on signal.

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 reached this 
conclusion based on the fact that the proposed changes will not prevent 
mariners from transiting the bridge, but merely require mariners to 
plan their transits in accordance with the scheduled bridge openings.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
U.S. Coast Guard must consider whether this proposed rule, if adopted, 
will have a significant economic impact on a substantial number of 
small entities. ``Small entities'' include small 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 proposal to be minimal, the Coast Guard certifies under 
5 U.S.C. 605(b) that this proposed rule, if adopted, will not have a 
significant

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economic impact on a substantial number of small entities.

Collection of Information

    This proposal does not provide for a collection of information 
requirement under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this proposed rule does not raise 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 section 2.B.2.e(32)(e) of Commandant 
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this 
proposed 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

    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

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 449; 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 117.822 is revised to read as follows:


Sec. 117.822  Beaufort Channel, NC.

    The draw of the US 70 bridge, mile 0.1., at Beaufort, shall open as 
follows:
    (a) From 6 a.m. to 10 p.m., the draw need only open every hour on 
the hour, twenty minutes past the hour and forty minutes past the hour; 
except that on weekdays the bridge need not open at 7:40 a.m., 8:40 
a.m., 4:40 p.m. and 5:40 p.m.
    (b) From 10 p.m. to 6 a.m., the bridge shall open on signal.

    Dated: December 8, 1997.
Roger Rufe, Jr.,
Vice Admiral, U.S. Coast-Guard, Commander, Fifth Coast Guard District.
[FR Doc. 97-32886 Filed 12-16-97; 8:45 am]
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