[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1714-1715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-723]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-95-029]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Elizabeth River, Southern Branch, Chesapeake, VA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of the City of Chesapeake, the Coast Guard is
changing the regulations that govern the operation of the Dominion
Boulevard drawbridge across the Southern Branch of the Elizabeth River,
Atlantic Intracoastal Waterway, mile 8.8, at Chesapeake, Virginia, by
extending the period of restricted bridge openings for recreational
vessels during the morning rush hours. It is also eliminating language
referring to an evening rush hour opening for waiting recreational
boats. This rule is intended to provide for regularly scheduled
drawbridge openings to help reduce motor vehicle traffic delays and
congestion on the roads and highways linked by this drawbridge, while
still providing for the reasonable needs of navigation.
EFFECTIVE DATE: This rule is effective on February 22, 1996.
FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator,
Fifth Coast Guard District, at (804) 398-6222.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Linda
L. Gilliam, Project Manager, Bridge Section, and CDR T.R. Cahill,
Project Counsel, Fifth Coast Guard District Legal Office.
Regulatory History
On July 20, 1995, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations;
Elizabeth River, Southern Branch, Chesapeake, Virginia'' in the Federal
Register (60 FR 37417). In addition to publishing the NPRM, the Coast
Guard also announced the proposed changes in Public Notice 5-860. The
comment period ended October 18, 1995. Two comments were received. A
public hearing was not requested and one was not held.
Background and Purpose
The Dominion Boulevard Bridge, also known as the Steel Bridge,
crosses the Atlantic Intracoastal Waterway, Southern Branch of the
Elizabeth River, mile 8.8. The proposed changes were requested by the
City of Chesapeake, Virginia, in order to alleviate delays to vehicle
traffic caused by opening the draw for passage of recreational vessels.
Discussion of Comments and Changes
The NPRM proposed changes to 33 CFR 117.997, regulations governing
operation of a drawbridge across the Southern Branch of the Elizabeth
River on Dominion Boulevard (Route 190), in Chesapeake, Virginia. The
proposed changes included extending the morning rush hour period of
restricted openings from 8 a.m. to 9 a.m. and eliminating language
referring to a 5 p.m. opening for waiting recreational vessels.
Two comments were received on the proposed changes, one from a
commercial waterway user and one from a recreational boater. Both
comments objected to the proposed changes. A commercial waterway user
requested that the hours of restriction apply only to openings for
recreational vessels, and not to openings for commercial vessels. The
NPRM did not propose changes to bridge openings for commercial vessels,
and this final rule does not change the previous requirement. The draw
will continue to open on signal for commercial vessels.
A recreational boater asked that the Coast Guard schedule openings
for recreational vessels during the hours of restricted openings. The
Coast Guard does not agree. As a result of urban development, Dominion
Boulevard has become a heavily-travelled commuter thoroughfare. Bridge
openings during rush hours severely disrupt vehicular traffic. The
purpose of the proposed changes is to establish a schedule that
balances the reasonable needs of waterway users and the reasonable
needs of vehicular traffic. The Coast Guard believes that the proposed
changes will improve the flow of motor traffic and diminish vehicular
delay while not unduly restricting the passage of recreational vessels.
A boat would have to wait no more than two hours for the next opening,
and a recreational vessel owner may plan the vessel's transit based on
the hours of unrestricted openings.
This final rule adopts the changes proposed in the NPRM. It extends
the end morning rush hour period of restricted openings from 8 a.m. to
9 a.m. The morning rush hour period of restricted openings will now run
from 7 a.m. to 9 a.m. The evening rush hour period will continue to run
from 4 p.m. to 6 p.m., and a provision specifically referring to a 5
p.m. opening for waiting recreational vessels is eliminated. The draw
will continue to open on signal for passage of commercial vessels. It
will also continue to open at any time for passage of vessels in
emergencies involving danger to life or property.
This final rule also includes an editorial change to make 33 CFR
117.997 consistent with Coast Guard bridge administration policies.
Coast Guard policy is to specify, by regulation, the periods of time
and conditions for which a bridge must open for passage of vessels. By
implication, the bridge may remain closed except as specified. However,
the Coast Guard does not require that a bridge remain closed, and a
bridge owner or operator may open the bridge even though not required
to do so. Therefore, in 33 CFR 117.997(e)(1), this final rule adopts
language to indicate that the bridge ``need not'' open for passage of
recreational vessels during the specified periods, rather than indicate
that it may not open during those periods.
Regulatory Evaluation
This 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. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this final rule will have a
significant economic impact on a substantial number of small entities.
''Small entities'' include independently owned and operated small
businesses that are not dominant in their field and that otherwise
qualify
[[Page 1715]]
as ``small business concerns'' under section 3 of the Small Business
Act (15 U.S.C. 632). Because it expects the impact of this rule to be
minimal, 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.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612, and it has been determined
that this rule will not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under section 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B (as amended, 59 FR 38654, July 29, 1994), this
rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination statement has been
prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
In consideration of the foregoing, the Coast Guard is amending Part
117 of Title 33, Code of Federal Regulations to read 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. 102-587, 106
Stat. 5039.
2. In Sec. 117.997, paragraph (e) is revised to read as follows:
Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the
Elizabeth River to the Albermarle and Chesapeake Canal.
* * * * *
(e) The draw of the Dominion Boulevard Bridge, mile 8.8, in
Chesapeake shall open on signal, except:
(1) From 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday through
Friday, except Federal holidays, the drawbridge need not open for the
passage of recreational vessels.
(2) Vessels in an emergency involving danger to life or property
shall be passed at any time.
* * * * *
Dated: December 26, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 96-723 Filed 1-22-96; 8:45 am]
BILLING CODE 4910-14-M
