[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32226]
[[Page Unknown]]
[Federal Register: December 30, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD05-94-103]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Chesapeake, VA
AGENCY: Coast Guard, DOT.
ACTION: Interim rule with request for comments.
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SUMMARY: At the request of the City of Chesapeake, Virginia the Coast
Guard is changing the regulations that govern the operation of the
drawbridge across the Southern Branch of the Elizabeth River, Atlantic
Intracoastal Waterway, mile 5.8, at Chesapeake, Virginia, by limiting
bridge openings during the morning and evening rush hours. This rule
will allow commercial cargo vessels, tugs, and tugs with tows passage
through the bridge during morning and evening rush hours, provided a 2-
hour advance notice is given to the Gilmerton Bridge. This rule also
includes a provision that allows public vessels of the United States,
vessels in distress, commercial vessels carrying liquefied flammable
gas or other harmful substances, and commercial or public vessels
assisting in an emergency situation passage through the bridge at any
time. All other commercial and recreational vessel traffic will be
denied draw openings during the morning and evening rush hours. The
changes to these regulations are, to the extent practical and feasible,
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 providing for the reasonable
needs of navigation.
DATES: This interim rule is effective December 30, 1994.
Comments must be received on or before March 30, 1995.
ADDRESSES: Comments may be mailed to Commander (ob), Fifth Coast Guard
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or may
be delivered to Room 109 at the same address between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(804) 398-6222. Comments will become part of this docket and will be
available for inspection at Room 109, Fifth Coast Guard District.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at
(804) 398-6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD05-94-103) and the specific section of
this rule 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 acknowledgment 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 rule in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Commander (ob) 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 this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting information: The principal persons involved in drafting
this document are Linda L. Gilliam, Project Manager, Bridge Section,
and LCDR C. A. Abel, Project Counsel, Fifth Coast Guard District
Legal Office.
Background and Purpose
The City of Chesapeake, Virginia has requested that openings of the
Gilmerton Highway drawbridge across the Southern Branch of the
Elizabeth River, Atlantic Intracoastal Waterway, mile 5.8, at
Chesapeake, Virginia, be limited during the morning and evening rush
hours. This would help reduce highway traffic congestion problems and
address public safety and welfare concerns associated with frequent
bridge openings caused by recreational and commercial boat traffic. The
City of Chesapeake's request is based on the increase in highway
traffic crossing the Gilmerton Bridge occurring as a result of the
emergency closing to highway traffic of the Jordan Bridge located
downriver at mile 2.8. When the Jordan Bridge experienced a sudden
mechanical malfunction on May 10, 1994, this vertical lift bridge was
raised to the fully opened to river traffic position in order not to
block use of the waterway by the heavy commercial and recreational
traffic routinely transitting the Intracoastal Waterway. As a result of
locking the bridge in the open position until further notice, the
highway traffic that had been using the Jordan Bridge was diverted to
the Gilmerton Bridge. The increase in highway congestion and lengthy
delays across the bridge caused by the Jordan Bridge's closure, coupled
with random, non-scheduled drawbridge openings for the many commercial
and recreational vessels using the Intracoastal Waterway in this area
warrants the need to change the operating schedule for this bridge.
Currently, the drawbridge opens on demand, 24-hours a day, seven-
days a week. This rule will limit bridge openings between the hours of
6:30 a.m. to 8 a.m. and from 3:30 p.m. to 5 p.m., Monday through
Friday, except Federal holidays. Commercial cargo vessels, tugs, and
tugs with tows will be allowed passage through the bridge during the
morning and evening rush hours, provided a 2-hour advance notice is
given to the Gilmerton Bridge.
Public vessels of the United States, vessels in distress,
commercial vessels carrying liquefied flammable gas or other harmful
substances, and commercial or public vessels assisting in an emergency
situation will be allowed passage through the bridge at any time.
Recreational vessels and all other commercial vessels will not be
allowed passage through the bridge during the morning and evening rush
hours.
The decision to allow liquefied flammable gas carriers access
through the bridge at any time with no restrictions was made based on
the hazards involved in shipping liquefied flammable gas and to
maintain safety along the Southern Branch of the Elizabeth River. It
has been determined by the Coast Guard that since tugs and tugs with
tows have no place to tie up in the proximity of the bridge to wait for
a bridge opening, it was necessary to include them in the 2-hour
advance notice requirement provision. Commercial cargo vessels,
requiring high tide to transit this river also are included in the 2-
hour advance notice requirement provision.
The Gilmerton Bridge is a vital link between the cities of
Portsmouth and Chesapeake used widely by motorists that work at the
Norfolk Naval Shipyard, other Federal agencies located within the
Shipyard, as well as within Portsmouth, and other industries and
businesses in Portsmouth and Chesapeake, Virginia. It appears the need
to limit bridge openings during peak rush hours far outweighs any need
to maintain the Gilmerton Bridge at its present ``open on demand''
schedule. On November 2, 1994, the Coast Guard met with the Hampton
Roads Maritime Association to discuss changing the regulations on the
Gilmerton Bridge and the reasons why restricting this bridge during the
morning and evening rush hours was necessary. The Hampton Roads
Maritime Association considered the current condition of the Jordan
Bridge and they supported the plan to regulate the Gilmerton Bridge to
accommodate the additional vehicle traffic being diverted from the
Jordan Bridge.
The Coast Guard believes these restrictions will not unduly
restrict vessel passage through the bridge, as vessel operators and the
marine industry have agreed to and can plan transits around the interim
schedule. Due to the unexpected closure of the Jordan Bridge to highway
traffic, the Coast Guard believes it is in the public interest to
regulate the Gilmerton Bridge; therefore, good cause exists for
publishing this rule without prior notice and opportunity for comment,
and making it effective in less than the 30 days after publication
normally required. This rule should be effective immediately because it
is in the overall public interest to do so, and the Coast Guard is not
aware of any reasons not to.
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
U.S. Coast Guard must consider whether the economic impact on small
entities of a rule for which a general notice of proposed rulemaking is
required. ``Small entities'' include independently owned and operated
small 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). This rule does not require a
general notice of proposed rulemaking and, therefore, is exempt from
the regulatory flexibility requirements. Although exempt, the Coast
Guard has reviewed this rule for potential impact on small entities.
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.
If, however, you think that your business qualifies as a small entity
and that this rule will have a significant economic impact on your
business, please submit a comment (see ADDRESSES) explaining why you
think your business qualifies and in what way and to what degree this
rule will affect your business economically.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This action has been analyzed in accordance with the principals and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rulemaking does 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, 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).
2. In Section 117.997, paragraphs (c), (d), (e), and (f) are
redesignated as (d), (e), (f), and (g) and a new paragraph (c) is added
to read as follows:
Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the
Elizabeth River to the Albemarle and Chesapeake Canal.
* * * * *
(c) The draw of the Gilmerton (US13/460) bridge, mile 5.8, in
Chesapeake:
(1) Shall open on signal at any time for public vessels of the
United States, vessels in distress, commercial vessels carrying
liquefied flammable gas or other harmful substances, and commercial
and/or public vessels assisting in any emergency situation.
(2) From 6:30 a.m. to 8 a.m. and from 3:30 p.m. to 5 p.m., Monday
through Friday, except Federal holidays the bridge:
(i) Need not open for the passage of pleasure craft or commercial
vessels that do not qualify under paragraph (c)(2)(ii) of this section.
(ii) Need not open for commercial cargo vessels, including tugs,
and tugs with tows, unless 2 hours advance notice has been given to the
Gilmerton Bridge at (804) 545-1512.
(3) Shall open on signal at all other times.
* * * * *
Dated: November 30, 1994.
M.K. Cain,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District
Acting.
[FR Doc. 94-32226 Filed 12-29-94; 8:45 am]
BILLING CODE 4910-14-M
