[Federal Register Volume 84, Number 244 (Thursday, December 19, 2019)]
[Proposed Rules]
[Pages 69685-69687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27355]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0682]
RIN 1625-AA09


Drawbridge Operation Regulation; Northeast Cape Fear River, 
Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily modify the operating 
schedule that governs the Isabel S. Holmes Bridge (US 74/SR 133), 
across the Northeast Cape Fear River, at mile 1.0, at Wilmington, North 
Carolina. This proposed temporary modification will allow the 
drawbridge to be maintained in the closed position and is necessary to 
accommodate bridge maintenance.

DATES: Comments and relate material must reach the Coast Guard on or 
before January 21, 2020.

ADDRESSES:  You may submit comments identified by docket number USCG-
2019-0682 using Federal e-Rulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Michael Thorogood, Bridge Administration Branch 
Fifth District, Coast Guard, telephone 757-398-6557, email 
Michael.R.Thorogood@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The North Carolina Department of Transportation, who owns and 
operates the Isabel S. Holmes Bridge (US 74/SR 133), across the 
Northeast Cape Fear River, at mile 1.0, at Wilmington, North Carolina, 
has requested this modification to allow the drawbridge to be 
maintained in the closed-to-navigation position to facilitate bridge 
maintenance of the drawbridge.
    The Isabel S. Holmes Bridge (US 74/SR 133), across the Northeast 
Cape Fear River, at mile 1.0, at Wilmington, North Carolina has a 
vertical clearance of 40 feet above mean high water in the closed 
position and unlimited vertical clearance above mean high water in the 
open position. The current operating schedule for the drawbridge is 
published in 33 CFR 117.829(a).
    This proposed temporary final rule is necessary to facilitate safe 
and effective bridge maintenance of the drawbridge, while providing for 
the reasonable needs of navigation. A work platform will reduce the 
vertical clearance of the entire bridge span to approximately 34 feet 
above mean high water in the closed position. Vessels that can safely 
transit through the bridge in the closed position with the reduced 
clearance may do so, if at least a thirty-minute notice is given, to 
allow for navigation safety.
    The Coast Guard is proposing this rulemaking under authority in 33 
U.S.C. 499.

III. Discussion of Proposed Rule

    Under this proposed temporary final rule, the drawbridge will be 
maintained in the closed-to-navigation position twenty-four hours a 
day, seven days a week from 7 p.m. on January 1, 2020, through 12:01 
a.m. on June 30, 2021. The bridge will open on signal for daily 
scheduled openings at 6 a.m., 10 a.m., 2 p.m., and 7 p.m., if at least 
a twenty-four hour notice is given; except for bridge closures 
authorized in accordance with 33 CFR 117.829(a)(4). The draw will also 
open on signal, if at least a twenty-four hour notice is given, for 
vessels unable to transit through the bridge during a scheduled 
opening, due to the vessel's draft; except for bridge closures 
authorized in accordance with CFR 117.829(a)(4). At all other times the 
drawbridge will operate per 33 CFR 117.829(a).
    The bridge will not be able to open for emergencies and there is no 
immediate alternative route for vessels unable to pass through the 
bridge in the closed position. Vessels that can safely transit through 
the bridge in the closed position with the reduced vertical clearance 
may do so, if at least a thirty-minute notice is given, to allow for 
navigation safety.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that 
vessels can still transit the bridge on signal for daily scheduled 
openings at 6 a.m., 10 a.m., 2 p.m., and 7 p.m., if at least a twenty-
four hour notice is given; except for bridge closures authorized in 
accordance with 33 CFR 117.829(a)(4). The draw will open on signal, if 
at least a twenty-four hour notice is given, for vessels unable to 
transit through the bridge during a scheduled opening, due to the 
vessel's draft; except for bridge closures authorized in accordance 
with 33 CFR 117.829(a)(4). At all other times the drawbridge will 
operate per 33 CFR 117.829(a).

B. 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 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.

[[Page 69686]]

While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section IV.A 
above, this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    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.
    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.
    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, above. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. 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.).

D. Federalism and Indian Tribal Government

    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 proposed rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. 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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and the U.S. Coast Guard Environmental 
Planning Policy COMDTINST 5090.1 (series) which guide the Coast Guard 
in complying with the National Environmental Policy Act of 1969 (NEPA) 
(42 U.S.C. 4321-4370f).
    We have made a preliminary determination that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
promulgates the operating regulations or procedures for drawbridges. 
Normally this action is categorically excluded from further review, 
under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard 
Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period.
    Your comment can help shape the outcome of this rulemaking. If you 
submit a comment, please include the docket number for this rulemaking, 
indicate the specific section of this document to which each comment 
applies, and provide a reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; DHS Delegation No. 
0170.1.

0
2 . Amend Sec.  117.829 by adding paragraph (a)(5) to read as follows:


Sec.  117.829   Northeast Cape Fear River.

    (a) * * *
    (5) From 7 p.m. on January 1, 2020, through 12:01 a.m. on June 30, 
2021, the draw will be maintained in the closed-to-navigation position. 
The draw will open on signal, if at least a twenty-four hour notice is 
given, for scheduled openings at 6 a.m., 10 a.m., 2 p.m. and 7 p.m.; 
except for bridge closures authorized in accordance with (a)(4) of this 
section. The draw will open on signal, if at least a twenty-four hour 
notice is given, for vessels unable to transit through the bridge 
during a scheduled opening, due to the vessel's draft; except for 
bridge closures authorized in accordance with (a) (4) of this section.
* * * * *


[[Page 69687]]


    Dated: November 25, 2019.
G.G. Stump,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 2019-27355 Filed 12-18-19; 8:45 am]
 BILLING CODE 9110-04-P


