Drawbridge Operation Regulation; Atlantic Intracoastal Waterway (AIWW), Newport River, Morehead City, NC, 63725-63727 [2012-25540]
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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
following points: starting at Point 1 in
position 26°55′46″ N, 80°03′30″ W;
thence northeast to Point 2 in position
26°55′48″ N, 80°03′22″ W; thence
southeast to Point 3 in 26°53′58″ N,
80°02′44″ W; thence southwest to Point
4 in position 26°53′56″ N, 80°02′51″ W;
thence northwest back to origin. Vessels
are permitted to anchor in this area.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Miami in the
enforcement of the regulated areas.
(c) Regulations. (1) Persons and
vessels desiring to enter, transit through,
anchor in, or remain within the race
area may contact the Captain of the Port
Miami by telephone at 305–535–4472,
or a designated representative via VHF
radio on channel 16, to seek
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated area is granted by
the Captain of the Port Miami or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Miami or a
designated representative.
(2) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(c) Enforcement date. This rule will
be enforced from 11 a.m. until 4 p.m. on
October 19, and from 11 a.m. until 4
p.m. on October 21, 2012.
Dated: October 2, 2012.
C. P. Scraba,
Captain, U.S. Coast Guard, Captain of the
Port Miami.
[FR Doc. 2012–25646 Filed 10–16–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
The temporary deviation
published on September 21, 2012 (77 FR
58491) is cancelled as of October 17,
2012.
[Docket No. USCG–2012–0628]
DATES:
The docket for this
cancelled deviation is available for
inspection or copying at the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket on the Internet by going
to https://www.regulations.gov, inserting
USCG–2012–0808 in the ‘‘Keyword’’
box and then clicking ‘‘Search’’.
ADDRESSES:
If
you have questions on this rule, call or
email David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone 510–437–3516, email
David.H.Sulouff@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
A. Basis and Purpose
On September 21, 2012, we published
a temporary deviation entitled
‘‘Drawbridge Operation Regulation; Old
River, Orwood CA’’ in the Federal
Register (77 FR 58491). The temporary
deviation concerned the Burlington
Northern & Santa Fe Railroad (BNSF)
Drawbridge across Old River, mile 10.4,
at Orwood, CA. The deviation was to
allow the bridge owner to perform
essential mechanical repairs while the
bridge remained in the closed-tonavigation position from 8 a.m. October
22, 2012 to 4 p.m. on October 26, 2012.
This deviation from the operating
regulations was authorized under 33
CFR 117.35.
The temporary deviation is canceled
due the unexpected unavailability of an
alternative path for navigation during
the proposed times and dates of the
repair work.
[Docket No. USCG–2012–0808]
Drawbridge Operation Regulations;
Old River, Orwood, CA
Coast Guard, DHS.
Notice of cancellation of a
temporary deviation from regulations.
AGENCY:
ACTION:
erowe on DSK2VPTVN1PROD with
DEPARTMENT OF HOMELAND
SECURITY
B. Cancellation
33 CFR Part 117
The Coast Guard is canceling
the temporary deviation concerning the
Burlington Northern & Santa Fe
SUMMARY:
VerDate Mar<15>2010
Railroad (BNSF) Drawbridge across Old
River, mile 10.4, at Orwood, CA. This
cancellation was requested by the bridge
owner due to their inability to operate
the BNSF Middle River drawbridge as
an alternative path for navigation.
15:01 Oct 16, 2012
Jkt 229001
63725
Dated: October 5, 2012.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2012–25539 Filed 10–16–12; 8:45 am]
BILLING CODE 9110–04–P
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Coast Guard
33 CFR Part 117
RIN 1625–AA09
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway (AIWW),
Newport River, Morehead City, NC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
temporarily changing the operating
schedule that governs the Carolina
Coastal Railroad Bridge, at AIWW mile
203.8, across Newport River in
Morehead City, NC. This bridge is
presently maintained in the open
position except when closure is
necessary for train crossings. This
change would allow the bridge to
remain closed at night so that necessary
repairs may be made while still
providing for the reasonable needs of
navigation.
DATES: This temporary final rule is
effective from 5 a.m. on October 17,
2012 to 8:30 p.m. on October 1, 2013.
ADDRESSES: Comments and related
materials received from the public, as
well as documents mentioned in this
preamble as being available in the
docket, are part of docket USCG–2009–
0628 and are available online by going
to www.regulations.gov, and inserting
USCG–2012–0628 in the ‘‘Keyword’’
box, and then clicking ‘‘Search’’. This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Terrance A. Knowles,
Environmental Protection Specialist,
Fifth Coast Guard District, at telephone
(757) 398–6587, email
terrance.a.knowles@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
U.S.C United States Code
E:\FR\FM\17OCR1.SGM
17OCR1
63726
Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
A. Regulatory History and Information
On August 10, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Drawbridge Operations;
Atlantic Intracoastal Waterway (AIWW),
Newport River, Morehead City, NC.’’ in
the Federal Register (77 FR 47787). We
received no comments on the proposed
rule. No public meeting was requested,
and none was held.
Under 5 U.S.C 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective in less than 30
days after publication in the Federal
Register. Due to these bridge repairs
being required and also being a lengthy
process, it is best that this work be done
when there is the least marine activity,
such as during the winter and night
time. Starting the project now will
possibly shorten the 2013 summertime
impacts to navigation, depending on
expected project tempo/efficiency. Also,
replacement of the obsolete drive
system will allow for a safer/faster way
to close the bridge during approaching
hurricanes for the 2013 storm season
and beyond.
erowe on DSK2VPTVN1PROD with
B. Basis and Purpose
The North Carolina Department of
Transportation (NCDOT), who owns and
operates this bascule-type railroad
bridge, has requested a temporary
change to the existing operating
regulations to facilitate repairs of
existing structural steel, strengthening
of the main bascule girders and
upgrading the obsolete drive system.
The current regulations, under the
general requirements set out at 33 CFR
117.5, require that the Carolina Coastal
Railroad Bridge, at AIWW mile 203.8,
across Newport River in Morehead City
NC, shall open promptly and fully for
the passage of vessels when a request to
open is given. However, the drawbridge
is currently maintained in the open to
navigation position at all times and
closes for passing trains.
In the closed position to vessels, this
single-leaf bascule drawbridge has a
vertical clearance of 4 feet above mean
high water.
To facilitate the required repair work
and to minimize the impact on
navigation, the drawbridge would
operate as follows: (1) From 5 a.m.
October 17, 2012 to 8:30 p.m. on
October 1, 2013 shall be maintained in
the open position to vessels and would
only be closed for the passage of trains
and to perform periodic maintenance;
and (2) in the closed position to vessels,
from 8:30 p.m. to 5 a.m., with one
optional opening provided at 12 a.m.
(midnight) for vessels providing
VerDate Mar<15>2010
15:01 Oct 16, 2012
Jkt 229001
advance notice before 4 p.m. on the
afternoon before the requested opening.
Vessel traffic along this part of the
Atlantic Intracoastal Waterway consists
of commercial and pleasure craft
including sail boats, fishing boats, and
tug and barge traffic, that transit mainly
during the daylight hours with the
occasional tug and barge traffic at night.
The drawbridge is currently maintained
in the open to navigation position at all
times and closes for passing trains.
Consequently, the number of mariners
transiting through this section of the
waterway is not based on the amount of
vessel openings but on the average
number of waterway users, which
showed that there are fewer vessel
transits at night for mariners, making it
a more suitable time to restrict the
operation of the drawbridge.
C. Discussion of Comments, Changes
and the Final Rule
The Coast Guard provided a comment
period of 30 days and no comments
were received. The Coast Guard would
temporarily revise the operating
regulations at 33 CFR 117.821 by adding
a new paragraph (c). Paragraph (c)
would state from 5 a.m. on October 17,
2012 to 8:30 p.m. on October 1, 2013,
the draw of the Carolina Coastal
Railroad Bridge shall be maintained in
the open position to vessels, and would
only be closed for the passage of trains
and to perform periodic maintenance;
and the draw need not open from 8:30
p.m. to 5 a.m., except at 12 a.m.
(midnight) for vessels providing
advance notice before 4 p.m. on the
afternoon before the requested opening.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The
Office of Management and Budget has
not reviewed it under those Orders.
The temporary changes are expected
to have minimal impact on mariners
due to the low number of vessels
transiting this area at night. Also, a
midnight vessel opening would be
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
available each night for vessels
requiring an opening provided that
advance notice is given by 4 p.m. on the
afternoon before the requested opening.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. 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 received no comments
from the Small Business Administration
on this rule. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small
entities.
This rule will not have a significant
economic impact on a substantial
number of small entities because the
rule adds navigational restrictions
mainly to the movement of vessels
during a time when there is less traffic.
Most commercial traffic will leave and
return during the day. The rule would
possibly affect small entities such as
owners/operators of vessels due to
limited drawbridge openings from 8:30
p.m. to 5 a.m. To minimize delays, these
vessels can plan their transits in
accordance with the proposed opening
schedule.
3. 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 rule. 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 person
listed in the FOR FURTHER INFORMATION
CONTACT section, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agricultural
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
E:\FR\FM\17OCR1.SGM
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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Rules and Regulations
about this proposed rule or any policy
or action of the Coast Guard.
4. Collection of Information
This rule would call for no new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the ‘‘FOR FURTHER
INFORMATION CONTACT’’ section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. 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 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule would not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This 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.
erowe on DSK2VPTVN1PROD with
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
VerDate Mar<15>2010
15:01 Oct 16, 2012
Jkt 229001
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This 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.
12. Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
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.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, and
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 this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
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Fmt 4700
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63727
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.821, add paragraph (c) to
read as follows:
■
§ 117.821 Atlantic Intracoastal Waterway,
Albemarle Sound to Sunset Beach.
*
*
*
*
*
(c) From 5 a.m. on October 17, 2012
to 8:30 p.m. on October 1, 2013, the
draw of the Carolina Coastal Railroad
Bridge, at mile 203.8, (Newport River) at
Morehead City, shall operate as follows:
(1) During the day from 5 a.m. to 8:30
p.m., shall be maintained in the open
position to vessels and would only be
closed for the passage of trains and to
perform periodic maintenance.
(2) At night, need not open 8:30 p.m.
to 5 a.m. except an opening would be
provided at 12 a.m. (midnight) if
advance notice is given before 4 p.m. on
the afternoon before the requested
opening.
Dated: October 5, 2012.
Lincoln D. Stroh,
Captain, U.S. Coast Guard, Acting
Commander, Fifth Coast Guard District.
[FR Doc. 2012–25540 Filed 10–16–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0625]
RIN 1625–AA09
Drawbridge Operation Regulation;
Schuylkill River, Philadelphia, PA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the regulation that governs the operation
of the Conrail Bridge over the Schuylkill
River, mile 6.4 near Christian Street, at
Philadelphia, PA. The new rule will
change the bridge name to CSX Bridge
and the current regulation requiring a
two hour advance notice to allow the
bridge to remain in the closed position
for the passage of vessels. There have
been no requests for openings in 13
years.
SUMMARY:
This rule is effective November
16, 2012.
DATES:
E:\FR\FM\17OCR1.SGM
17OCR1
Agencies
[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63725-63727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25540]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0628]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway
(AIWW), Newport River, Morehead City, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily changing the operating schedule
that governs the Carolina Coastal Railroad Bridge, at AIWW mile 203.8,
across Newport River in Morehead City, NC. This bridge is presently
maintained in the open position except when closure is necessary for
train crossings. This change would allow the bridge to remain closed at
night so that necessary repairs may be made while still providing for
the reasonable needs of navigation.
DATES: This temporary final rule is effective from 5 a.m. on October
17, 2012 to 8:30 p.m. on October 1, 2013.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2009-0628 and are available online by
going to www.regulations.gov, and inserting USCG-2012-0628 in the
``Keyword'' box, and then clicking ``Search''. This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Terrance A. Knowles, Environmental Protection Specialist,
Fifth Coast Guard District, at telephone (757) 398-6587, email
terrance.a.knowles@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
U.S.C United States Code
[[Page 63726]]
A. Regulatory History and Information
On August 10, 2012, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operations; Atlantic Intracoastal Waterway
(AIWW), Newport River, Morehead City, NC.'' in the Federal Register (77
FR 47787). We received no comments on the proposed rule. No public
meeting was requested, and none was held.
Under 5 U.S.C 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. Due to these bridge repairs being
required and also being a lengthy process, it is best that this work be
done when there is the least marine activity, such as during the winter
and night time. Starting the project now will possibly shorten the 2013
summertime impacts to navigation, depending on expected project tempo/
efficiency. Also, replacement of the obsolete drive system will allow
for a safer/faster way to close the bridge during approaching
hurricanes for the 2013 storm season and beyond.
B. Basis and Purpose
The North Carolina Department of Transportation (NCDOT), who owns
and operates this bascule-type railroad bridge, has requested a
temporary change to the existing operating regulations to facilitate
repairs of existing structural steel, strengthening of the main bascule
girders and upgrading the obsolete drive system. The current
regulations, under the general requirements set out at 33 CFR 117.5,
require that the Carolina Coastal Railroad Bridge, at AIWW mile 203.8,
across Newport River in Morehead City NC, shall open promptly and fully
for the passage of vessels when a request to open is given. However,
the drawbridge is currently maintained in the open to navigation
position at all times and closes for passing trains.
In the closed position to vessels, this single-leaf bascule
drawbridge has a vertical clearance of 4 feet above mean high water.
To facilitate the required repair work and to minimize the impact
on navigation, the drawbridge would operate as follows: (1) From 5 a.m.
October 17, 2012 to 8:30 p.m. on October 1, 2013 shall be maintained in
the open position to vessels and would only be closed for the passage
of trains and to perform periodic maintenance; and (2) in the closed
position to vessels, from 8:30 p.m. to 5 a.m., with one optional
opening provided at 12 a.m. (midnight) for vessels providing advance
notice before 4 p.m. on the afternoon before the requested opening.
Vessel traffic along this part of the Atlantic Intracoastal
Waterway consists of commercial and pleasure craft including sail
boats, fishing boats, and tug and barge traffic, that transit mainly
during the daylight hours with the occasional tug and barge traffic at
night. The drawbridge is currently maintained in the open to navigation
position at all times and closes for passing trains. Consequently, the
number of mariners transiting through this section of the waterway is
not based on the amount of vessel openings but on the average number of
waterway users, which showed that there are fewer vessel transits at
night for mariners, making it a more suitable time to restrict the
operation of the drawbridge.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 30 days and no
comments were received. The Coast Guard would temporarily revise the
operating regulations at 33 CFR 117.821 by adding a new paragraph (c).
Paragraph (c) would state from 5 a.m. on October 17, 2012 to 8:30 p.m.
on October 1, 2013, the draw of the Carolina Coastal Railroad Bridge
shall be maintained in the open position to vessels, and would only be
closed for the passage of trains and to perform periodic maintenance;
and the draw need not open from 8:30 p.m. to 5 a.m., except at 12 a.m.
(midnight) for vessels providing advance notice before 4 p.m. on the
afternoon before the requested opening.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
The temporary changes are expected to have minimal impact on
mariners due to the low number of vessels transiting this area at
night. Also, a midnight vessel opening would be available each night
for vessels requiring an opening provided that advance notice is given
by 4 p.m. on the afternoon before the requested opening.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
This rule will not have a significant economic impact on a
substantial number of small entities because the rule adds navigational
restrictions mainly to the movement of vessels during a time when there
is less traffic. Most commercial traffic will leave and return during
the day. The rule would possibly affect small entities such as owners/
operators of vessels due to limited drawbridge openings from 8:30 p.m.
to 5 a.m. To minimize delays, these vessels can plan their transits in
accordance with the proposed opening schedule.
3. 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 rule. 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 person listed in the FOR FURTHER INFORMATION CONTACT
section, above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agricultural Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain
[[Page 63727]]
about this proposed rule or any policy or action of the Coast Guard.
4. Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``FOR FURTHER
INFORMATION CONTACT'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
8. Taking of Private Property
This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This 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.
10. Protection of Children
We have analyzed this 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.
11. Indian Tribal Governments
This 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.
12. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That 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.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, and 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 this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under figure 2-1,
paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.821, add paragraph (c) to read as follows:
Sec. 117.821 Atlantic Intracoastal Waterway, Albemarle Sound to
Sunset Beach.
* * * * *
(c) From 5 a.m. on October 17, 2012 to 8:30 p.m. on October 1,
2013, the draw of the Carolina Coastal Railroad Bridge, at mile 203.8,
(Newport River) at Morehead City, shall operate as follows:
(1) During the day from 5 a.m. to 8:30 p.m., shall be maintained in
the open position to vessels and would only be closed for the passage
of trains and to perform periodic maintenance.
(2) At night, need not open 8:30 p.m. to 5 a.m. except an opening
would be provided at 12 a.m. (midnight) if advance notice is given
before 4 p.m. on the afternoon before the requested opening.
Dated: October 5, 2012.
Lincoln D. Stroh,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 2012-25540 Filed 10-16-12; 8:45 am]
BILLING CODE 9110-04-P