[Federal Register Volume 59, Number 97 (Friday, May 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12406]
[[Page Unknown]]
[Federal Register: May 20, 1994]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-94-023]
RIN 2115-AE47
Drawbridge Operation Regulations; Pamunkey River, West Point, VA
AGENCY: Coast Guard, DOT.
ACTION: Supplemental notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is issuing a revised proposed rule for the
operation of the drawbridge, SR 33, across Pamunkey River, mile 1.0,
located in West Point, Virginia. The original Notice of Proposed
Rulemaking eliminated bridge openings to all vessels between the hours
of 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 p.m. Monday
through Friday, except Federal holidays. The revised supplemental
proposed rule restricts only commercial fishing and crabbing vessels
and recreational vessels from opening the bridge between the hours of 7
a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 p.m. The remaining
times those vessels are restricted to opening the bridge on the hour,
Monday through Friday, except Federal holidays. The proposed 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 still providing for the reasonable
needs of navigation.
DATES: Comments must be received on or before July 19, 1994.
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 or copying at room 109, Fifth Coast Guard
District.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, (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 (CGD05-94-023) 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 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 proposal 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 placed announced by a later notice in the
Federal Register.
Drafting Information
The principal persons involved in drafting this document are bill
H. Brazier, Project Officer, and LT Monica L. Lombardi, Project
Attorney, Fifth Coast Guard District.
Background and Purpose
The original proposal was published on November 26, 1993, in the
Federal Register (58 FR 62303). Public Notice 5-818 was distributed for
comment November 8, 1993. Both Notices announced that a proposal was
being considered to restrict openings of the Eltham Bridge to all
vessels during morning, noon, and evening rush hours, between the hours
of 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 p.m., Monday
through Friday, except Federal holidays. The bridge would continue to
open on signal at all other times.
As a result of the proposed rule and the public notice, comments
were received from the maritime community and the motoring public. The
motorists all were in favor of the proposed restrictions during peak
traffic hours to reduce traffic disruption, delays, congestion and
minor accidents. The commercial marine industry was opposed to
restricting the openings, based on economic impact concerns, safety and
tidal navigational requirements.
Following further investigation by the Coast Guard, it was
determined that the major cause of traffic congestion due to bridge
lifts for the Eltham Bridge was contributed to by commercial fisherman,
crabbers and recreational boaters requesting frequent bridge lifts
during rush hour traffic periods. These mariners, for the most part,
could pass through without a bridge lift, by lowering their antennae.
The remainder of the maritime industry, consisting of piloted vessels
and large tugs and barges, passing through this bridge is very
sporadic. The bridge tender's logs only reflected 4 or 5 bridge lifts
per month for these vessels.
The Virginia Department of Transportation, in an effort to improve
this situation, has requested these revised proposed regulations. It
agreed to changing the original request by excluding larger classes of
maritime vessels from the restrictions, and to placing new restrictions
on commercial fishing and crabbing vessels and recreational vessels
which create most of the problems.
Regulatory Evaluation
This proposal is not a significant regulatory action under section
3(f) of Executive Order 12866 and does not require an assessment of
potential cost and benefits under section 6(a)(3) of that order. It has
been exempted from review by the Office of Management and Budget under
the 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This finding is based on the fact that most commercial
marine interest are exempt from the restrictions. The new small fishing
boats that will be affected will not be unduly restricted from using
the bridge since hourly openings will be provided and the majority of
these vessels can pass beneath the bridge by lowering their antennas.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, 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 as ``small business concerns'' under section 3 of the
Small Business Act (15 U.S.C. 632). Even though commercial crabbers and
small fishing vessel operators would be restricted under the proposed
regulations, the Coast Guard believes the proposed opening schedule for
these operators is not unduly restrictive. These vessel operators can
still crab and fish, but they will have to time their requests for
openings of the bridge to coincide with the proposed new schedule. This
should not cause any economic hardship. Because it expects the impact
of this proposal to be minimal, the Coast Guard certifies under 5
U.S.C. 605(b) that this proposal, 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. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612, and has determined that
this proposal does not have 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 section 2.B.2.g.(5) 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 proposes to
amend part 117 of Title 33, Code of Federal Regulations 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. Section 117.1023 is added to read as follows:
Sec. 117.1023 Pamunkey River.
(a) The draw of the Eltham Bridge (SR33/30), mile 1.0, located in
West Point, Virginia, shall open on signal; except that, the bridge
need not open for commercial crabbing and fishing vessels and
recreational vessels on Mondays through Fridays, except Federal
Holidays, from 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6
p.m.; at all other times, the bridge will open for these vessels only
on the hour, Monday through Friday, except Federal holidays.
(b) Public vessels of the United States and vessels in an emergency
involving danger to life or property shall be passed at any time.
Dated: May 2, 1994.
W.T. LeLand,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 94-12406 Filed 5-19-94; 8:45 am]
BILLING CODE 4910-14-M
