57524 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Proposed Rules 

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: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change 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 

proposal 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: Comments and related material 

must reach the Coast Guard on or before 

November 17, 2005. 

ADDRESSES: You may mail comments 

and related material to Commander 

(obr), Fifth Coast Guard District, Federal 

Building, 1st Floor, 431 Crawford Street, 

Portsmouth, VA 23704–5004. The Fifth 

Coast Guard District maintains the 

public docket for this rulemaking. 

Comments and material received from 

the public, as well as documents 

indicated in this preamble as being 

available in the docket, will become part 

of this docket and will be available for 

inspection or copying at Commander 

(obr), Fifth Coast Guard District 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: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking CGD05–05–102, 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

a return receipt, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

submittals received during the comment 

period. We may change this proposed 

rule in view of them. 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Commander 

(obr), Fifth Coast Guard District at the 

address under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

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 (US 

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). 

The 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 

proposal will maintain the bridge in the 

closed-to-navigation position from 7 

a.m. to 11 a.m. on the third and 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 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 proposal will 

maintain the bridge in the closed-tonavigation 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 proposal 

will maintain the bridge in the closedto-navigation 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 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 proposal will 

maintain the bridge in the closed-tonavigation 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 proposal will maintain the bridge 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 

allows for the orderly movement of 

participants and vehicular traffic before, 

during and after the races. 

Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Proposed Rules 57525 

Discussion of Proposed Rule 

Atlantic Intracoastal Waterway 

This proposed 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 as § 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 

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 proposed 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. 

Regulatory Evaluation 

This proposed 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 proposed 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 

proposed 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 proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

57526 Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Proposed Rules 

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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD, 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 

proposed 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 proposes to 

amend 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 or 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: September 20, 2005. 

S.H. Ratti, 

Captain, U. S. Coast Guard, Acting 

Commander, Fifth Coast Guard District. 

[FR Doc. 05–19664 Filed 9–30–05; 8:45 am] 

BILLING CODE 4910–15–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. RM 2005–11] 

Exemption to Prohibition on 

Circumvention of Copyright Protection 

Systems for Access Control 

Technologies 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of inquiry. 

SUMMARY: The Copyright Office of the 

Library of Congress is preparing to 

conduct proceedings in accordance with 

section 1201(a)(1) of the Copyright Act, 

which was added by the Digital 

Millennium Copyright Act and which 

provides that the Librarian of Congress 

may exempt certain classes of works 

from the prohibition against 

circumvention of technological 

measures that control access to 

copyrighted works. The purpose of this 

rulemaking proceeding is to determine 

whether there are particular classes of 

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This notice requests written comments 

from all interested parties, including 

representatives of copyright owners, 

educational institutions, libraries and 

archives, scholars, researchers and 

members of the public, in order to elicit 

evidence on whether noninfringing uses 

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likely to be, adversely affected by this 

prohibition on the circumvention of 

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copyrighted works. 

DATES: Written comments are due by 

December 1, 2005. Reply comments are 

due by February 2, 2006. 

ADDRESSES: Electronic submissions 

must be made through the Copyright 

Office website: http:// 

www.copyright.gov/1201/ 

commentlforms; see section 3 of the 

SUPPLEMENTARY INFORMATION 

section for file formats and other 

information about electronic and non–

electronic filing requirements. 

Addresses for nonelectronic 

submissions are as follows: If hand 

delivered by a private party, deliver to 

Room LM–401 of the James Madison 

Memorial Building between 8:30 a.m. 

and 5 p.m. and the envelope should be 

addressed as follows: Office of the 

General Counsel, U.S. Copyright Office, 

James Madison Memorial Building, 

Room LM–401, 101 Independence