[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Proposed Rules]
[Pages 13393-13395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6031]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-94-118]


Drawbridge Operation Regulations; Atlantic Intracoastal 
Waterway--Alternate Route, Elizabeth City, NC

AGENCY: Coast Guard, DOT.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: At the request of the Albemarle and Chesapeake Railroad 
Company, the Coast Guard is proposing to change the regulations that 
govern the operation of the drawbridge across the Pasquotank River, 
Atlantic Intracoastal Waterway--Alternate Route, mile 47.7, at 
Elizabeth City, North Carolina, by leaving the draw in the open 
position except for the passage of trains. The proposed change to these 
regulations are, to the extent practical and feasible, intended to 
relieve the bridgeowners of the burden of having a person constantly 
available to open the draw bridge while still providing for the 
reasonable needs of navigation.

DATES: Comments must be received on or before May 12, 1995.

ADDRESSES: Comments may be mailed to Commander (ob), Fifth Coast Guard 
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or may 
be delivered to Room 109 at the same address between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(804) 398-6222. Comments will become part of this docket and will be 
available for inspection at Room 109, Fifth Coast Guard District.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at 
(804) 398-6222.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD05-94-118) and the specific section of 
this proposal of which each comment applies, and give the reason for 
each comment. 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 [[Page 13394]] 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. It 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 (ob) at the address under 
ADDRESSES. The request should include reasons why a hearing would be 
beneficial. If it determines that the opportunity for oral presentation 
will aid this rulemaking, the Coast Guard will hold a public hearing at 
a time and place announced by a later notice.

Drafting Information

    The principal persons involved in drafting this document are Linda 
L. Gilliam, Project Manager, Bridge Section, and LCDR C. Abel, Project 
Counsel, Fifth Coast Guard District Legal Office.

Background and Purpose

    The Albemarle and Chesapeake Railroad Company has requested that 
the regulations governing the operation of the drawbridge across the 
Pasquotank River, Atlantic Intracoastal Waterway--Alternate Route, mile 
47.7, at Elizabeth City, North Carolina, be changed to leave the bridge 
in the open position, except when a train is passing over the bridge. A 
bridgetender would be available only during the times of train 
crossings to close the bridge and, after the train had cleared, to 
reopen the bridge to navigation. There would not be a full-time 
bridgetender employed at the bridge.
    The current regulations require the bridge to remain in the open 
position from 3:30 p.m. to 11:30 p.m. At all other times, the draw 
opens on signal. The Albemarle and Chesapeake Railroad Company leases 
these tracks from Norfolk and Southern Railroad Company. The current 
schedule for the railroad bridge was used by Norfolk and Southern 
during the time they were operating their trains across the bridge. The 
Albemarle and Chesapeake Railroad Company has requested a change to 
these regulations.
    The Albemarle and Chesapeake Railroad Company originally requested 
that the Coast Guard change the current regulations by allowing the 
draw to remain closed to navigation Monday through Friday, from 9 a.m. 
to 3 p.m., with openings only for emergencies. At all other times, the 
bridge would remain in the open position except for the passage of 
trains. This request was denied because the proposed hours of bridge 
closures were considered too restrictive to recreational and commercial 
navigation, since the bridge is located across the busy Atlantic 
Intracoastal Waterway--Alternate Route. The Coast Guard also received 
strong opposition from the boating community and the City of Elizabeth 
City. Coast Guard Auxiliarists provided data reflecting the number of 
boats that transit this waterway. In 1992, the number of boaters was 
1,971 and in 1993, the number was 1,530, with the heaviest months 
occurring from April to October of each year.
    As a result of the Coast Guard's denial of their request, the 
Albemarle and Chesapeake Railroad Company requested a meeting with the 
Coast Guard, Union Camp, the Mayor of Elizabeth City, and local Coast 
Guard Auxiliarists to discuss a new operating schedule for the railroad 
bridge.
    Since the railroad company was not receptive to employing a full-
time bridgetender, all in attendance agreed that the most acceptable 
schedule would be to leave the bridge in the open position, except for 
the passage of trains. This would eliminate the need for a full-time 
bridgetender; however, this proposed schedule would require the 
railroad company to employ a part-time bridgetender to operate the 
drawspan.
    In developing this proposed schedule, the Coast Guard considered 
all views, and believes this proposed rule will not unduly restrict 
commercial and recreational traffic, since the bridge will be left in 
the open position, except for passage of trains.

Regulatory Evaluation

    This proposed action 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 proposal to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary.

Small Entities

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

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under the principals and 
criteria contained in Executive Order 12612, and it has determined that 
this proposal will not have 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, this proposal is categorically excluded from 
further environmental documentation. A Categorical Exclusion 
Determination statement and checklist 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 to read 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).

    2. Section 117.833 is revised to read as follows:


Sec. 117.833  Pasquotank River

    The draw of the Albemarle & Chesapeake railroad bridge, mile 47.7, 
at Elizabeth City, North Carolina, shall be maintained in the open 
position; the draw may close only for the crossing of trains and 
maintenance of the bridge. When the draw is closed, a bridgetender 
shall be present to reopen the draw after the train has cleared the 
bridge.

    [[Page 13395]] Dated: January 20, 1995.
M.K. Cain,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District, 
Acting.
[FR Doc. 95-6031 Filed 3-10-95; 8:45 am]
BILLING CODE 4910-14-M