37250 Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations

(b) Special Local Regulations. (1) The

Coast Guard patrol commander may

delay, modify, or cancel the race as

conditions or circumstances require.

(2) No person or vessel may enter,

transit, or remain in the regulated area

unless participating in the event or

unless authorized by the Coast Guard

patrol commander.

(3) Vessels encountering emergencies

which require transit through the

regulated area should contact the Coast

Guard patrol commander on VHF

Channel 16. In the event of an

emergency, the Coast Guard patrol

commander may authorize a vessel to

transit through the regulated area with

a Coast Guard designated escort.

(4) All persons and vessels shall

comply with the instructions of the

Coast Guard on-scene patrol

commander. On-scene patrol personnel

include commissioned, warrant, and

petty officers of the U.S. Coast Guard.

Upon hearing five or more short blasts

from a U.S. Coast Guard vessel, the

operator of a vessel shall proceed as

directed. Members of the Coast Guard

Auxiliary may also be present to inform

vessel operators of this section and

other applicable laws.

(c) Effective period. This section is in

effect annually on one day during the

last week of July or first week in August.

Actual dates and time will be published

in a Federal Register document.

Dated: June 24, 1998.

R.M. Larrabee,

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

First Coast Guard District.

[FR Doc. 98–18392 Filed 7–9–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05–97–080]

RIN 2115–AE47

Drawbridge Operation Regulations;

Beaufort Channel, Beaufort, North

Carolina

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing

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, at the

request of the North Carolina

Department of Transportation.

The final rule eliminates 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

regulations for this bridge remain the

same. This final rule is intended to

reduce motor vehicular 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: This final rule is effective on

August 10, 1998.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection for copying at the office of

the Commander (Aowb), Fifth Coast

Guard District, Federal Building, 4th

Floor, 431 Crawford Street, Portsmouth,

Virginia 23704–5004, between 8 a.m.

and 4:30 p.m., Monday through Friday,

except Federal holidays. The telephone

number is (757) 398–6222.

FOR FURTHER INFORMATION CONTACT: Ann

Deaton, Bridge Administrator, Fifth

Coast Guard District (757) 398–6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

On December 17, 1997, the Coast

Guard published a Notice of Proposed

Rulemaking (NPRM) entitled

‘‘Drawbridge Operation Regulations;

Beaufort Channel, Beaufort, North

Carolina’’ in the Federal Register (62 FR

66039). The Coast Guard received 21

letters commenting on the proposed

rulemaking. No public hearing was

requested and none was held.

Background and Purpose

The Greydon Paul Drawbridge across

Beaufort Channel, located in Beaufort,

North Carolina, is owned and operated

by the North Carolina Department of

Transportation (NCDOT). The current

regulations at 33 CFR 117.822 require

the bridge to open on signal except that

from 6 a.m. to 10 p.m., the draw opens

on signal for all vessels waiting to pass

every hour on the hour, twenty minutes

past the hour and forty minutes past the

hour.

NCDOT requested that openings of

the Greydon Paul Drawbridge be further

restricted during weekday morning and

evening rush hours. This request to

change the current regulation is based

on heavy vehicular commuter 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 contended

that by eliminating one scheduled

opening per hour during rush hours,

vehicular traffic congestion on US

Highway 70 will be reduced and

highway safety will be increased

without placing undue hardship on

vessel traffic.

NCDOT provided the Coast Guard

with statistical data which shows the

total number of openings and of vessels

passing through the Beaufort Bridge at

the regularly scheduled 7:40 a.m., 8:40

a.m., 4:40 p.m., and 5:40 p.m. openings

during August, 1997, which is one of

the peak summer months for boating

traffic in this area. The data revealed

that only 42 out of a possible 120

drawbridge openings were required at

these scheduled opening times, and a

total of 65 vessels passed through the

bridge. The Coast Guard has determined

that since vessel traffic only needed

35% of these rush hour openings, and

there was minimal vessel traffic at these

times, a reduction in the number of

openings will not substantially impact

navigational traffic, but will provide a

positive offsetting benefit to vehicular

traffic.

Therefore, the Coast Guard is

amending 117.822 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. All other

provisions of the existing regulation will

remain the same.

Discussion of Comments and Changes

The Coast Guard received 20

comments on the NPRM in support of

permanently closing the bridge to all

vessel traffic. These comments did not

address the proposed change to the

regulations. One comment was received

requesting no additional restrictions or

changes to the current regulations. Since

all but one of the comments did not

address the proposed change for which

comments were being solicited, and the

Coast Guard has determined

permanently closing the bridge to all

vessel traffic is unreasonable and unfair,

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
Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 /Rules and Regulations 37251

final rule to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary. The

Coast Guard reached this conclusion

based on the fact that the final rule will

not prevent mariners from transiting the

bridge, but merely require them to plan

their transits in accordance with the

scheduled bridge openings.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), 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). Because it expects the

impact of this final rule to be minimal,

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. 3501–3520).

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 the preparation

of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this final rule

and concluded that under figure 2–1,

paragraph (32)(e) of COMDTINST

M16475.1C, this final 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

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 117.822 is revised to read

as follows:

§ 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: June 23, 1998.

P.M. Stillman,

Captain, U.S. Coast Guard, Acting

Commander, Fifth Coast Guard District.

[FR Doc. 98–18395 Filed 7–9–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD11–98–008]

Drawbridge Operation Regulations;

Cerritos Channel, CA, Commodore

Schuyler F. Heim Bridge

AGENCY: Coast Guard, DOT.

ACTION: Notice of temporary deviation

from regulations.

SUMMARY: Notice is hereby given that

the Coast Guard has issued a temporary

deviation to the regulation governing

the opening of the Commodore Schuyler

F. Heim Bridge vertical lift bridge over

the Cerritos Channel of Los Angeles/

Long Beach Harbor. The deviation

specifies that the bridge need not be

opened for vessels during the hours of

8 p.m. to 5 a.m., seven days a week

beginning August 10, 1998 through

September 22, 1998, except federal

holidays. The purpose of this deviation

is to allow the California Department of

Transportation and its contractors to

inspect, clean, and reweld the tower

bracing to increase resistance to seismic

forces. During this work the bridge must

be closed to both highway and vessel

traffic.

DATES: The effective period of the

deviation is August 10, 1998 through

September 22, 1998.

FOR FURTHER INFORMATION CONTACT:

Ms. Susan Worden, Bridge

Administrator, Eleventh Coast Guard

District, Building 50–6 Coast Guard

Island, Alameda, CA 94501–5100,

telephone (510) 437–3461.

SUPPLEMENTARY INFORMATION: The Coast

Guard anticipates that the economic

consequences of this deviation will be

minimal. The closure period is a time of

reduced highway and vessel traffic. If

mariners require an opening they have

an alternate route available through the

outer harbor, and they can avoid delays

and detours by timing their transits

during the hours of 5 a.m. to 8 p.m.

daily.

This deviation from the normal

operating regulations in 33 CFR

117.147(a) is authorized in accordance

with the provisions of 33 CFR 117.35.

Dated: June 17, 1998.

J.C. Card,

Admiral, U.S. Coast Guard, Commander,

Eleventh Coast Guard District.

[FR Doc. 98–18393 Filed 7–9–98; 8:45 am]

BILLING CODE 4910–13–M

POSTAL SERVICE

39 CFR Part 20

Interim Rule for Global Package Link to

Germany and France

AGENCY: Postal Service.

ACTION: Interim rule with request for

comments.

SUMMARY: The Postal Service is

amending the rule in the International

Mail Manual on Global Package Link to

Germany and France to add a

merchandise return service for

customers utilizing the GPL service to

Germany and France.

DATES: The interim regulations take

effect as of 12:01 a.m. on July 10, 1998.

Comments must be received on or

before August 10, 1998.

ADDRESSES: Written comments should

be mailed or delivered to International

Business Unit, U.S. Postal Service, 475

L’Enfant Plaza SW, room 370–IBU,

Washington, DC 20260–6500. Copies of

all written comments will be available

for public inspection and photocopying

between 9 a.m. and 4 p.m., Monday

through Friday, at the above address.

FOR FURTHER INFORMATION CONTACT: Bill

Brandt (202) 314–7165.