
[Federal Register: June 28, 2010 (Volume 75, Number 123)]
[Proposed Rules]               
[Page 36608-36609]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn10-25]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0051]
RIN 1625-AA09

 
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, 
(AIWW) Scotts Hill, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its notice of proposed 
rulemaking concerning the proposed change to the regulations that 
governed the operation of the Figure Eight Swing Bridge, at AIWW mile 
278.1, at Scotts Hill, NC. The requested change would have allowed the 
drawbridge to open on signal every hour on the half hour for the 
passage of pleasure vessels.

DATES: The notice of proposed rulemaking is withdrawn on June 28, 2010.

ADDRESSES: The docket for this withdrawn rulemaking is available for 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 http://www.regulations.gov, 
inserting USCG[dash]2009[dash]0051 in the ``Keyword'' box and then 
clicking ``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice, call or e-mail Waverly W. Gregory, Jr., Fifth Coast Guard 
District; telephone (757) 398-6222, e-mail

[[Page 36609]]

Waverly.W.Gregory@uscg.mil. If you have questions on viewing material 
in the docket call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Background

    On February 20, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Atlantic 
Intracoastal Waterway, (AIWW) Scotts Hill, NC'' in the Federal Register 
(74 FR 7844-7847). The rulemaking would have allowed the drawbridge to 
open on signal every hour on the half hour for the passage of pleasure 
vessels. Our investigation along with comments received revealed that 
the proposed change would significantly increase delays to recreational 
boaters and would provide an unsafe environment for slow moving vessel 
traffic.

Withdrawal

    The Figure Eight Homeowner Association Inc. (FEHAI), who owns and 
operates the Figure Eight Swing Bridge, had requested a change to the 
existing regulations in an effort to improve the schedule for both 
roadway and waterway users. The swing bridge provides the only route on 
and off Figure Eight Island. The proposal would not have changed the 
requirement for the bridge to open on signal at any time for commercial 
and government vessels. FEHAI believed that the proposal would 
facilitate pleasure craft in navigating the AIWW, and also help ease 
vehicular traffic congestion.
    The Coast Guard received several comments opposing changes to the 
proposed rulemaking. We conducted a lengthy and thorough investigation 
that included a site visit.
    Our investigation along with the majority of the comments revealed 
that the request to change the regulations for pleasure craft from 
half-hour openings to hourly openings would not affect power boats 
along the AIWW, but would significantly affect sailboats. Increasing 
travel time between drawbridge openings will increase the number of 
vessels waiting for an opening in a narrow and restricted channel, 
making safe navigation more difficult. In addition, no data was 
submitted to the docket to support concerns that vehicle traffic across 
the bridge had increased or was unreasonably impeded by the current 
operating schedule of the bridge. The proposed amendment to the 
operating schedule is withdrawn because this change would not improve 
drawbridge operations.

Authority

    This action is taken under the authority of 33 U.S.C. 499; 33 CFR 
1.05-1; Department of Homeland Security Delegation No. 0170.1.

    Dated: June 9, 2010.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 2010-15560 Filed 6-25-10; 8:45 am]
BILLING CODE 9110-04-P

