Drawbridge Operation Regulation; Albemarle Sound to Sunset Beach, Atlantic Intracoastal Waterway (AICW), Wrightsville Beach, NC

Issuing agencies

Abstract

The Coast Guard proposes to temporarily modify the operating schedule for the S.R. 74 Bridge across the Atlantic Intracoastal Waterway (AICW), mile 283.1, at Wrightsville Beach, NC. This action is necessary to alleviate vehicle traffic congestion on the S.R. 74 Bridge caused by the replacement and lane reductions of two nearby bridges during construction. Upon completion of the construction project, the S.R. 74 Drawbridge will return to its normal operating schedule. The Coast Guard invites your comments on this proposed rulemaking.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 165 (Thursday, August 27, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 165 (Thursday, August 27, 2026)]
[Proposed Rules]
[Pages 55285-55287]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17483]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 91, No. 165 / Thursday, August 27, 2026 / 
Proposed Rules

[[Page 55285]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2026-0758]
RIN 1625-AA09


Drawbridge Operation Regulation; Albemarle Sound to Sunset Beach, 
Atlantic Intracoastal Waterway (AICW), Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to temporarily modify the operating 
schedule for the S.R. 74 Bridge across the Atlantic Intracoastal 
Waterway (AICW), mile 283.1, at Wrightsville Beach, NC. This action is 
necessary to alleviate vehicle traffic congestion on the S.R. 74 Bridge 
caused by the replacement and lane reductions of two nearby bridges 
during construction. Upon completion of the construction project, the 
S.R. 74 Drawbridge will return to its normal operating schedule. The 
Coast Guard invites your comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before September 28, 2026.

ADDRESSES:  You may submit comments identified by docket number USCG-
2026-0758 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public 
Participation and Request for Comments'' portion of the SUPPLEMENTARY 
INFORMATION section below for instructions on submitting comments. This 
notice of proposed rulemaking with its plain-language, 100-word-or-less 
proposed rule summary will be available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, contact Mr. Jack H. Williams, Bridge Management Specialist, Coast 
Guard East District, at (206) 815-5085 or <a href="/cdn-cgi/l/email-protection#22684341490c6a0c754b4e4e4b434f511062575141450c4f4b4e"><span class="__cf_email__" data-cfemail="abe1cac8c085e385fcc2c7c7c2cac6d899ebded8c8cc85c6c2c7">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose and Legal Basis

    The S.R. 74 Bridge across the Atlantic Intracoastal Waterway 
(AICW), mile 283.1, at Wrightsville Beach, NC, has a vertical clearance 
of 20 feet above mean high water in the closed position and unlimited 
clearance in the open position. The horizontal clearance between the 
bridge protective system is 90 feet. Navigation on the waterway 
consists of both recreational and commercial mariners.
    Under the current operating schedule, the drawbridge opens on 
signal for commercial vessels at all times. For pleasure vessels, the 
drawbridge opens on signal except between 7 a.m. and 7 p.m., when it 
need only open on the hour. Additionally, from 7 a.m. to 9 a.m. on the 
second Saturday of July, from 7 a.m. to 11 a.m. on the third and fourth 
Saturday of September, and from 7 a.m. to 10:30 a.m. on the last 
Saturday of October or the first or second Saturday of November, the 
draw need not open for vessels due to annual races.
    A review of bridge opening logs provided by the North Carolina 
Department of Transportation, the bridge owner, supports the need for 
this proposed temporary rule. The rule is intended to facilitate the 
replacement of Bridge #21 over Banks Channel, Bridge #22 over Lees Cut, 
and Bridge #24 over Banks Channel. To safely and efficiently complete 
these construction activities, lane reductions will be necessary. As a 
result, this rule proposes to temporarily reduce the frequency of 
openings for the S.R. 74 Bridge. This measure is intended to minimize 
traffic disruptions, enhance worker and public safety, and facilitate 
the timely completion of the bridge replacement projects. The bridge 
owner has requested that the drawbridge only open on the hour for all 
vessels during this period.

III. Discussion of Proposed Rule

    Under this proposed rule, the S.R. 74 (Heide Trask) Bridge, mile 
283.1, at Wrightsville Beach, NC, will open for the passage of all 
vessels, commercial and recreational, on the hour beginning at 12:01 
a.m. on November 1, 2026, through 11:59 p.m. on June 30, 2030. This 
represents a temporary change from the current regulation, which allows 
commercial vessels to request a bridge opening at any time. An 
exception is included for commercial vessels engaged in towing, 
dredging, marine construction, and maintenance of aids to navigation 
that are unable to adjust their voyage plan to transit the bridge 
during a scheduled hourly opening, due to operational constraints.
    The bridge will open on signal for commercial vessels unable 
transit the bridge during a scheduled opening, due to operational 
constraints, if at least 30 minutes' advance notice is given to the 
bridge tender. This exception is intended to preserve safe navigation 
on the waterway for all vessels including commercial vessels engaged in 
towing, dredging, marine construction, and maintenance of aids to 
navigation, while minimizing impacts to roadway traffic.
    The bridge will continue to open for emergencies, if at least 10-
minutes' advance notice is given to the bridge tender.

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.

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.
    While some owners or operators of vessels intending to transit the 
bridge

[[Page 55286]]

may be small entities, vessels can still transit the bridge when the 
bridge operator is given advanced notice. Therefore, we anticipate 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 proposed 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. 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 Governments

    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.

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, Rev. 1, associated implementing 
instructions, and 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). The 
Coast Guard has determined 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 such 
actions are categorically excluded from further review, under paragraph 
L49, of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, 
Rev. 1.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.
    Submitting comments. We encourage you to submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type 
USCG-2026-0758 in the search box and click ``Search.'' Next, look for 
this document in the Search Results column, and click on it. Then click 
on the Comment option. If your material cannot be submitted using 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the person in the FOR FURTHER 
INFORMATION CONTACT section of this document for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked 
Questions web page. Also, 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 of any posting or updates to the docket.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal 
information you have provided. For more about privacy and submissions 
in response to this document, see DHS's eRulemaking System of Records 
notice (85 FR 14226, March 11, 2020).

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; and DHS Delegation No. 
00170.1. Revision No. 01.4.

0
2. Section 117.821 is amended by:
0
a. Staying paragraph (a)(3).
0
b. Adding paragraph (a)(4) to read as follows:


Sec.  117.821   Atlantic Intracoastal Waterway, Albermarle Sound to 
Sunset Beach.

    (a) * * *
    (4) S.R 74 Bridge, mile 283.1, at Wrightsville Beach, NC, from 
12:01 a.m. November 1, 2026, through 11:59 p.m. June 30, 2030, the draw 
need only open on the hour for the passage of vessels from 7 a.m. to 7 
p.m., daily; except that

[[Page 55287]]

from 7 a.m. to 9 a.m. on the second Saturday of July of every year, 
from 7 a.m. to 11 a.m. on the third and fourth Saturday of September of 
every year, and from 7 a.m. to 10:30 a.m. on the last Saturday of 
October of every year or the first or second Saturday of November of 
every year, the draw need not open for vessels due to annual races. 
Commercial vessels engaged in towing, dredging, marine construction, 
and maintenance of aids to navigation should adjust their voyage plan 
to transit the bridge during a scheduled hourly opening or between 7 
p.m. and 7 a.m., when practical. If operational constraints make it 
impracticable for a commercial vessel engaged in towing, dredging, 
marine construction, and maintenance of aids to navigation to transit 
during a scheduled hourly opening or between 7 p.m. and 7 a.m., the 
draw shall open on signal if at least 30 minutes' notice is given to 
the bridge tender. The draw shall open on signal for emergencies if at 
least 10 minutes' notice is given to the bridge tender.
* * * * *

Z. Merchant,
Rear Admiral (lower half), U.S. Coast Guard, Commander, Coast Guard 
East District.
[FR Doc. 2026-17483 Filed 8-26-26; 8:45 am]
BILLING CODE 9110-04-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>