[Federal Register Volume 59, Number 172 (Wednesday, September 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21910]
[[Page Unknown]]
[Federal Register: September 7, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-94-072]
RIN 2115-AE47
Drawbridge Operations Regulations; Pamunkey River, West Point, VA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulations governing the
operation of the Eltham drawbridge, SR 33, across Pamunkey River, mile
1.0, located in West Point, Virginia, by restricting 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.
This is intended to provide for regulatory 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.
EFFECTIVE DATE: This rule is effective on October 7, 1994.
FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, (804)
398-6222.
SUPPLEMENTARY INFORMATION:
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.
Regulatory History
On May 20, 1994, the Coast Guard published a Supplemental Notice of
Proposed Rulemaking entitled Pamunkey River, West Point, Virginia, in
Federal Register (59 FR 25474). The comment period ended July 19, 1994.
The Coast Guard received three letters commenting on the proposal.
Prior to publishing the Supplemental Notice of Proposed Rule, the Coast
Guard also published Public Notice 5-818 and the original Notice of
Proposed Rulemaking entitled Pamunkey River, West Point, Virginia, in
Federal Register (58 FR 62303). The comment period ended January 10,
1994. The Coast Guard received 66 letters commenting on the proposal.
Background and Purpose
The original Notice of Proposed Rule 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.
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 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 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 problem.
Discussion of Comments and Change
The three comments received as a result of the Supplemental Notice
of Proposed Rule issued by the District Commander are all in favor of
the new restrictions for the Eltham Bridge. No new or additional
changes are being made to the regulatory language of this final rule.
Regulatory Evaluation
This action is not considered a significant regulatory action under
Executive Order 12866 and is not significant under the Department of
Transportation Regulatory Policies and Procedures (44 FR 11040;
February 26, 1979). The economic impact has been found to be so minimal
that a full regulatory evaluation is unnecessary.
This opinion is based on the fact that the regulations will not
unduly cause a hardship on commercial/military vessels who will be able
to plan their vessel transits around the hours of restriction.
Small Entities
No comments were received concerning small entities or on the
economic impact this rule would have on small entities. Since the
impact on these regulations is expected to be minimal, the Coast Guard
certifies under 5 U.S.C. 605(b) of the Regulatory Flexibility Act (5
U.S.C. et seq.), that this final rule will not have a significant
economic impact on a substantial number of small entities.
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 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 principles and
criteria contained in Executive Order 12612, and it has been determined
that this rule 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 amends 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: August 12, 1994.
J.E. Schwartz,
Acting Commander, Fifth Coast Guard District.
[FR Doc. 94-21910 Filed 9-6-94; 8:45 am]
BILLING CODE 4910-14-M
