[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Proposed Rules]
[Pages 29961-29963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14452]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-98-029]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
South Branch of the Elizabeth River to the Albermarle and Chesapeake
Canal
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: At the request of the City of Chesapeake, the Coast Guard is
proposing to change the regulations that govern the operation of the
Centerville Turnpike Drawbridge (SR 170) across the Atlantic
Introcoastal Waterway, Albermarle and Chesapeake Canal, mile 15.2, in
Chesapeake, Virginia. The proposed rule would restrict bridge openings
during the boating season's weekly morning and evening rush hours and
reduce the frequency of bridge openings outside the rush-hour
restrictions. This change is intended to reduce vehicular delays while
still providing for the reasonable needs of navigation.
DATES: Comments must be received on or before August 3, 1998.
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 4:30 p.m., Monday through Friday, except
Federal holidays. The telephone number is (757) 398-6222. Comments will
become part of this docket and will be available for inspection and
copying at the above address.
FOR FURTHER INFORMATION CONTACT:
Ann Deaton, Bridge Administrator, Fifth Coast Guard District, (757)
398-6222.
[[Page 29962]]
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written views, comments, data, or
arguments. Persons submitting comments should include their names and
addresses and identify this rulemaking (CGD05-98-029). Commenters
should identify the specific section of this proposed rule to which
each comment applies, and give reasons 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 that is
not practical, and 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 proposed rule in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the address listed 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.
Background and Purpose
33 CFR 117.997(h) currently requires the Centerville Turnpike
Drawbridge, (SR 170), mile 15.2, across the Atlantic Intracoastal
Waterway (AICW), Albemarle and Chesapeake Canal (A&C Canal), to open on
signal, except that from 7 a.m. to 7 p.m. the draw only opens on the
hour and half hour seven days a week year-round for pleasure craft.
Commercial vessels may pass through this bridge at any time.
The City of Chesapeake has requested that the Coast Guard change
the operating schedule of the Centerville Turnpike Drawbridge by
restricting bridge openings during the morning and evening rush hours,
Monday through Friday, including Federal holidays during the boating
season. The rush-hour restrictions would eliminate drawbridge openings
for all types of vessels, except those involved in emergency
situations. The City of Chesapeake also requested restricting bridge
openings to all vessel traffic from April 1 to November 30, from 7 a.m.
to 9 a.m. and from 4 p.m. to 6 p.m., Monday through Friday, including
Federal holidays. the remainder of the time the bridge would open on
signal every hour on the half hour for vessels waiting to pass.
Federal, State, and local government vessels used for public safety,
vessels in distress where a delay would endanger life or property,
commercial vessels engaged in rescue or emergency salvage operations,
and vessels seeking shelter from severe weather will be provided
passage through the drawbridge on demand regardless of the operating
schedule of the draw. This is required in accordance with Title 33 Code
of Federal Regulations, 117.31 (b)(1) through (b)(4).
The City of Chesapeake has based their request on traffic data that
revealed highway traffic at this bridge has increased since 1992 from
13,700 vehicles per day to 16,000 vehicles per day. During peak hour
traffic, vehicular traffic has increased to over 1,200 vehicles during
the morning rush hours and to over 1,700 during the evening rush
hours.Highway traffic has increased significantly since the current
restrictions were placed on this bridge in 1992. The drawlogs for April
1 to November 30 of 1995 and 1996 were reviewed. In 1995, the
drawbridge opened 531 times during the morning rush hours and 673 times
during the evening rush hours. In 1996, it opened 532 times during the
morning rush hours and 728 times during the evening rush hours. this
review revealed that the morning and evening restrictions should apply
only on the weekdays from April 1 through November 30 and not year-
round.
Even though this drawbridge is located across the AICW, one of the
busiest waterways on the Atlantic Coast, it is not uncommon to impose
bridge lift restrictions on bridges crossing this waterway during rush
hours to help alleviate highway traffic congestion. The majority of
drawbridges across the AICW already have rush-hour restrictions in
effect. The Coast Guard's goal is to provide practical and feasible
scheduled openings of drawbridges during seasons of the year, and
during times of the day, when scheduled openings would help reduce
motor vehicle traffic delays and congestion on roads and highways
linked by drawbridges. the Coast Guard believes that this proposed rule
would reduce motor vehicle traffic delays and congestion related to
rush hour traffic while still providing for the reasonable needs of
navigation.
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 has reached
this conclusion based on the fact that the proposed changes will not
prevent mariners from transiting the bridge, but merely require
mariners to plant their transits in accordance with the scheduled
bridge openings.
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 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). 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 requirement
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this proposed rule in accordance with
the principles and criteria contained in Executive Order 12612, and has
determined that this proposed rule does 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 section 2.B.2.b and item (32)(e) of
Figure 2-1 of Commandant Instruction M16475.1C dated November 14, 1997,
this proposed 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.
[[Page 29963]]
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); Section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.997(h) is revised to read as follows:
Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the
Elizabeth River to the Albemarle and Chesapeake Canal.
* * * * *
(h) The draw of the Centerville Turnpike (SR 170) bridge across the
Albemarle and Chesapeake Canal, mile 15.2, at Chesapeake, shall open on
signal every hour on the half hour except that, from April 1 to
November 30, Monday through Friday, including Federal holidays, from 7
a.m. to 9 a.m. and 4 p.m. to 6 p.m., the draw need not open for the
passage of vessels.
Dated: May 18, 1998.
J. Carmichael,
Acting Captain, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-14452 Filed 6-1-98; 8:45 am]
BILLING CODE 4910-15-M
