[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Proposed Rules]
[Pages 58676-58677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29244]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-98-090]
RIN 2115-AE47
Drawbridge Operation Regulations; Elizabeth River, Eastern
Branch, Norfolk, Virginia
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: At the request of Norfolk Southern Corporation, the Coast
Guard is proposing to change the regulations that govern the operation
of the Norfolk and Western Railroad drawbridge across the Eastern
Branch of the Elizabeth River, mile 2.7, at Norfolk, Virginia. The
proposed rule would reduce the hours when on-demand openings of the
bridge are required during the boating season, and openings at all
other times would require three-hours advance notice. This change is
intended to reduce on-demand openings at times when there is minimal
use of the bridge while still providing for the reasonable needs of
navigation.
DATES: Comments must be received on or before January 4, 1999.
ADDRESSES: Comments may be mailed to Commander (Aowb), Fifth Coast
Guard District, Federal Building, 4th Floor, 431 Crawford Street,
Portsmouth, Virginia 23704-5004, or may be hand delivered to the same
address between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays. The telephone number is (757) 398-6222. Comments will
become a part of this docket and will be available for inspection and
copying at the above address.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at
(757) 398-6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested parties to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD05-98-090) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. The Coast Guard requests that all comments and
attachments be submitted in an unbound format suitable for copying and
electronic filing. If not practical, a second copy of any bound
material is requested. Persons wanting acknowledgement of receipt of
comments should enclose a stamped self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Commander, Fifth Coast Guard District,
at the address under ADDRESSES. The request should include reasons why
a hearing would be beneficial. If it determines that the opportunity
for oral presentations will aid in this proposed rulemaking, the Coast
Guard will hold a public hearing at a time and place announced by a
later notice in the Federal Register.
Background and Purpose
33 CFR 117.1007(a) currently requires the Norfolk and Western
Railroad Bridge, mile 2.7, across the Eastern Branch of the Elizabeth
River, to open on signal from 6 a.m. to 10 p.m., seven days a week,
year round. At all other times, the bridge only opens with at least a
three-hour advance notice.
The Norfolk Southern Corporation has requested that the Coast Guard
change the operating schedule of the Norfolk and Western Railroad
bridge by reducing the hours when on-demand openings are provided
during the boating season and requiring three-hours advance notice for
openings outside of the boating season. Specifically, Norfolk Southern
Corporation has requested that the drawbridge open on demand from April
15 to September 30, Monday through Thursday from 10 a.m. to 6 p.m., and
Friday through Sunday from 6 a.m. to 11 p.m. At all other times, the
drawbridge would only open with at least a three-hour advance notice.
The Norfolk Southern Corporation has based their request on data
obtained from the 1996 and 1997 drawlogs. The logs revealed that from
April to October during the weekdays (Monday through Thursday) from 10
a.m. to 6 p.m., and during the weekends (Friday through Sunday) from 6
a.m. to 11 p.m., the waterway traffic was at its peak. From 6 p.m. to
10 a.m. weekdays, and from 11 p.m. to 6 a.m. weekends during these same
months, waterway traffic decreased sufficiently to request placing the
bridge in advance-notice status. Norfolk Southern Corporation has also
requested that from October to April, all bridge openings be provided
only with a three-hour advance notice.
A Coast Guard review of the drawlogs revealed that waterway
traffic, particularly recreational, remains active through October and
November. From December to mid-April, recreational waterway traffic
decreases by 80% while commercial waterway traffic remains steady. The
majority of bridge openings during the weekends from April through
November were a result of recreational boaters. Additional information
provided by Norfolk Southern Corporation showed that during October and
November 1996, the number of draw openings were 86 and 73,
respectively. During October and November 1997, the number of openings
were 88 and 59, respectively. During the months of June, July and
August of 1996, the number of openings were 180, 106, and 137. In 1997
during the same months, the number of openings were 155, 107, and 148.
Even though draw openings are lower from October through November than
during the peak summer months, it is apparent the need exists to extend
the boating season to the end of November to meet the needs of
navigation.
Located upstream of the railroad bridge are commercial businesses
that depend on this waterway for their livelihood and numerous property
owners who own boats and frequent the river during the boating season.
The Coast Guard's goal is to provide practical and feasible scheduled
opening times for drawbridges during seasons of the year, and during
times of the day, when scheduled openings would benefit users and
owners of the bridge as well as users of the waterway. Even though
Norfolk Southern Corporation has requested that the boating season
begin in mid-April and end in September, the Coast Guard feels it is
necessary to extend the boating season to the end of November based on
information acquired from the drawlogs and local knowledge of the
Eastern Branch of the Elizabeth River. It is also felt that, since this
railroad bridge currently opens on-demand year round from 6 a.m. to 10
p.m., extending the boating season by two months is a reasonable
compromise between the waterway users and the railroad. The Coast Guard
believes that this proposed rule would reduce the need for providing a
bridgetender for on-demand bridge openings at times of the year when
there is minimal need for one
[[Page 58677]]
while still providing for the reasonable needs of navigation.
Discussion of Proposed Amendment
The Coast Guard proposes to amend 33 CFR 117.1007(a), which governs
the Norfolk and Western Railroad bridge across the Eastern Branch of
the Elizabeth River, mile 2.7, at Norfolk, Virginia, by requiring on-
demand openings from April 15 to November 30, Monday through Thursday
from 10 a.m. to 6 p.m., and Friday through Sunday from 6 a.m. to 11
p.m. At all other times, the bridge would be required to open only upon
three-hours advance notice.
Regulatory Evaluation
This proposed 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 reached this
conclusion based on the fact that the proposed changes will not prevent
mariners from transiting the bridge, but merely require mariners to
adhere to the proposed new operation procedures during transits of the
bridge.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the U.S.
Coast Guard must consider whether this proposed rule, if adopted, will
have a significant economic impact on a substantial number of small
entities. ``Small entities'' include small independently owned and
operated businesses that are not dominant in their field and that
otherwise qualify as ``small business concerns'' under section 3 of the
Small Business Act (15 U.S.C. 632). Because it expects the impact of
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule, if adopted, will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3510-3520).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this proposed regulation will not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under figure 2-1, paragraph (32)(e) of
Commandant Instruction M16475.1C this proposed rule is categorically
excluded from further environmental documentation based on the fact
that this is a promulgation of an operating regulation for a
drawbridge. 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 proposes to
amend 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 section 117.1007, paragraph (a) is revised to read as
follows:
Sec. 117.1007 Elizabeth River--Eastern Branch.
(a) The draw of the Norfolk and Western Railroad bridge, mile 2.7
at Norfolk, shall open on signal from April 15 to November 30, Monday
through Thursday from 10 a.m. to 6 p.m., and Friday through Sunday from
6 a.m. to 11 p.m. At all other times, openings shall require three-
hours advance notice.
* * * * *
Dated: October 22, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 98-29244 Filed 10-30-98; 8:45 am]
BILLING CODE 4910-15-M
