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Drawbridge Operation Regulation; Beaufort Channel, Beaufort, NC
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 13, 2001 (Volume 66, Number 72)]
[Proposed Rules]
[Page 19105-19106]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ap01-20]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-01-001]
RIN 2115-AE47
Drawbridge Operation Regulation; Beaufort Channel, Beaufort, NC
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to change 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. The proposed rule would reduce the number of
bridge openings during times of peak highway traffic. This change would
reduce traffic delays while still providing for the reasonable needs of
navigation.
DATES: Comments and related material must reach the Coast Guard on or
before June 12, 2001.
ADDRESSES: You may mail comments and related material to Commander
(Aowb), Fifth Coast Guard District, Federal Building, 4th Floor, 431
Crawford Street, Portsmouth, Virginia 23704-5004, or they may be hand
delivered to the same address between 8 a.m. and 4:30 p.m., Monday
through Friday, except Federal holidays. Commander (Aowb), 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 be
available for inspection and copying at the above address between the
hours of 8 a.m. and 4:30 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Ann Deaton, Bridge Administrator,
Fifth Coast Guard District, at (757) 398-6222.
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 (CGD05-01-
001), 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 materials in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
this reached us, please enclose a stamped self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Commander (Aowb) at the address
under ADDRESSES explaining why one would be beneficial. If we determine
that one would aid this rulemaking, we would hold one at a time and
place announced by a later notice in the Federal Register.
Background and Purpose
The Greydon Paul Drawbridge is owned and operated by the North
Carolina Department of Transportation (NCDOT). The regulation at 33 CFR
117.822 requires the bridge 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; 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.
The Graydon Paul Bridge is the connecting bridge between Beaufort
and Morehead City, North Carolina on US 70. This is the only corridor
into Beaufort without making a 3 hour commute around Carteret County.
Eleven to twelve thousand vehicles pass over the bridge everyday. One
mile south of the Greydon Paul Bridge on US 70 is the Morehead City US
70 Bridge, which is a fixed 65 ft vertical clearance bridge over the
Atlantic Intracoastal Waterway (AICWW). It is a short waterway commute
for boaters to go around through the AICWW by Morehead City back to
Beaufort. Motorists do not have an alternate route traveling to and
from Beaufort to Morehead City. When bridge lifts occur, traffic backs
up periodically for six to seven miles. The current schedule of
openings every twenty minutes does not allow the traffic congestion to
clear the bridge before the next opening. During rush hour periods the
situation is even further impacted due to peak traffic numbers of
vehicles trying to cross the bridge. NCDOT proposes that by restricting
openings to twice an hour and lengthening rush hour restrictions for
peak traffic times on the bridge, vehicular traffic congestion on US
Highway 70 will be reduced and highway safety will be increased. NCDOT
provided statistical data which supports the extreme traffic counts for
a two lane bridge along with the number of openings and vessels
requiring openings. This data revealed that traffic counts are staying
at a constant 11-12 thousand cars a day with peak traffic time being
from 6:30 a.m. to 8 a.m. and 4:30 p.m. to 6 p.m. Monday through Friday.
The waterway users (which are comprised of commercial and recreational
users with a mast height of less than 65 feet; there are no vessels
requiring more than 65 feet in vertical clearance) for this area were
contacted by the Coast Guard and the majority agreed to bridge openings
twice an hour and extended rush hour restrictions. There is an
alternate waterway route around the Beaufort Bridge through the Route
70 Morehead City Bridge (which provides a fixed 65 ft vertical
clearance to mariners). It adds 35-40 minutes in transit time to
vessels to go around. Overall, the Coast Guard believes that this
proposed rule will reduce motor vehicle traffic delays on the hour and
half hour 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.
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. The Office of Management and Budget has not reviewed it
under that Order. It is not significant under the regulatory policies
[[Page 19106]]
and procedures of the Department of Transportation (DOT) (44 FR 11040,
February 26, 1979).
We expect the economic impact of this proposed rule to be so
minimal that a full regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
We reached this conclusion based on the fact that the proposed
changes will not impede maritime traffic transiting the bridge, but
merely require mariners to plan their transits in accordance with the
scheduled bridge openings, while still providing for the needs of the
bridge owner.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
consider 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. There are 15 waterborne companies (Charter
and Fishing vessels) that transit through the Beaufort Channel Bridge.
These companies were contacted and everyone within those agencies
agreed to the proposed restrictions. Commercial waterway users have an
alternate route around the Beaufort Channel Bridge will not have an
adverse effect on these small entities due to their ability to time
their transits through the bridge during the specified opening periods.
If you think 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 the Commander (Aowb), Fifth
Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street,
Portsmouth, Virginia 23704-5004.
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
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this rule does not have implications for
federalism under that order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those costs. This proposed rule would not impose an unfunded mandate.
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 Section 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 does not
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph (32) (e), of Commandant
Instruction M16475.1C, this proposed rule is categorically excluded
from further environmental documentation. This proposed rule only deals
with the operating schedule of an existing drawbridge and will have no
impact on the environment. A ``Categorical Exclusion Determination'' is
available in the docket where indicated under ADDRESSES.
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; 49 CFR 1.46; 33 CFR 1.05-1(g); Section
117.255 also issued under the authority of Pub. L. 102-4587, 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, and on the half hour; except that Monday through Friday the
bridge need not open from 6:30 a.m. to 8 a.m. and from 4:30 p.m. to 6
p.m.
(b) From 10 p.m. to 6 a.m., the bridge shall open on signal.
Dated: March 9, 2001.
John E. Shkor,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-9176 Filed 4-12-01; 8:45 am]
BILLING CODE 4910-15-P