[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Rules and Regulations]
[Pages 37364-37365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17872]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-94-117]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
Chesapeake, VA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of the Albemarle and Chesapeake Railroad
Company, the Coast Guard is changing the regulations that govern the
operation of the drawbridge across the Albemarle and Chesapeake Canal,
Atlantic Intracoastal Waterway, mile 13.9, at Chesapeake, Virginia, by
leaving the draw in the open position except for the passage of trains.
This change to these regulations is, to the extent practical and
feasible, intended to relieve the bridgeowners of the burden of having
a person constantly available to open the draw while still providing
for the reasonable needs of navigation.
EFFECTIVE DATE: This rule is effective on August 21, 1995.
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 C.A. Abel, Project
Counsel, Fifth Coast Guard District Legal Office.
Regulatory History
On March 13, 1995, the Coast Guard published a Notice of Proposed
Rulemaking entitled Atlantic Intracoastal Waterway, Chesapeake,
Virginia, in the Federal Register (60 FR 13395). The comment period
ended May 12, 1995. The Coast Guard did not receive any comments on the
Notice of Proposed Rulemaking. On April 5, 1995, the Coast Guard issued
Public Notice 5-850 requesting comments on the Notice of Proposed
Rulemaking. The comment period ended May 12, 1995. No comments were
received. A public hearing was not requested and one was not held.
Background and Purpose
The Albemarle and Chesapeake Railroad Company has requested that
the regulations for the drawbridge across the Albemarle and Chesapeake
Canal, Atlantic Intracoastal Waterway, mile 13.9, in Chesapeake,
Virginia, be changed to leave the bridge in the open position, except
when a train is passing over it and for maintenance. Since the bridge
would be left in the open position, a bridge tender would only be
available to close the bridge for a train crossing, and, after the
train cleared, to reopen the bridge to navigation.
Currently, the bridge opens on demand. This final rule will require
the bridge to remain in the open position except for the passage of
trains and during maintenance. A bridgetender will be available to
reopen the bridge after trains have cleared the bridge and after
completion of any maintenance work.
In developing this schedule, the Coast Guard considered all views,
and believes this final rule will not unduly restrict commercial and
recreational traffic, since the bridge will be left in the open
position, except for the passage of trains.
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
[[Page 37365]]
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); 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 final 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 principals 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)(2) of Commandant
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this
rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination statement and
checklist has been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Final 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 (g) is redesignated as (h) and a new
paragraph (g) is added to read as follows:
Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the
Elizabeth River to the Albemarle and Chesapeake Canal.
* * * * *
(g) The draw of the Albemarle & Chesapeake Railroad bridge, mile
13.9, in Chesapeake, Virginia, shall be maintained in the open
position; the draw may close only for the crossing of trains and
maintenance of the bridge. When the draw is closed, a bridgetender
shall be present to reopen the draw after the train has cleared the
bridge.
* * * * *
Dated: June 15, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 95-17872 Filed 7-19-95; 8:45 am]
BILLING CODE 4910-14-M
