[Federal Register: February 12, 2003 (Volume 68, Number 29)]
[Proposed Rules]
[Page 7087-7093]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe03-15]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-02-108]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
South Branch of the Elizabeth River to the Albemarle and Chesapeake
Canal, Chesapeake, VA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to change the operating
regulations that govern the operation of the Jordan (S337) bridge, the
Gilmerton (US 13/460) bridge, and the Dominion Boulevard (US 17) bridge
which all span the Southern Branch of the Elizabeth River, and the
Centerville Turnpike (SR170) bridge across the Albemarle and Chesapeake
Canal. We propose to extend the morning and evening rush hour closure
periods between one hour and one-half hour for the Jordan and Gilmerton
bridges and to add rush hour scheduled openings for the Gilmerton and
Centerville Turnpike bridges. These regulations are necessary to
relieve increased vehicular traffic congestion during weekday rush
hours; the changes would reduce traffic delays while still providing
for the reasonable needs of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before April 14, 2003.
ADDRESSES: You may mail comments and related material to Commander
(Aowb), Fifth Coast Guard District, Federal Building, 4th Floor, 431
Crawford Street, Portsmouth, Virginia 23704-5004, or they may be hand
delivered to the same address between 8 a.m. and 4 p.m., Monday through
Friday, except Federal Holidays. The telephone number is (757) 398-
6222. The Commander (Aowb), Fifth Coast Guard District maintains the
public docket for this rulemaking. Comments and material received from
the public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at the above address.
FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator,
Fifth Coast Guard District, at (757) 398-6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD05-02-
108), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Commander, Fifth Coast Guard
District at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
The Virginia Cut of the Atlantic Intracoastal Waterway (AICW)
extends approximately 28 statute miles from the Southern Branch of the
Elizabeth River to the North Landing River. The AICW is used by
recreational, public, and commercial vessels. General regulations
governing the operation of bridges are set out in 33 CFR 117.1 through
117.49. Specific drawbridge regulations, which supplement the general
regulations for certain AICW bridges, are set out in 33 CFR 117.997.
The City of Chesapeake has requested a change to the existing
regulations for the Jordan, Gilmerton, Dominion Boulevard and
Centerville Turnpike
[[Page 7088]]
bridges crossing the AICW, in order to balance the needs of mariners
and motorists transiting in and around Chesapeake. Bridge openings at
peak traffic hours during the weekdays cause considerable vehicle
traffic backup. The City of Chesapeake is seeking to reduce the amount
of vehicular traffic congestion during the weekday morning and evening
rush hours. The City of Chesapeake is also seeking to change two of
their drawbridges; Dominion Boulevard and Centerville Turnpike bridges,
from opening on signal to opening on the hour and half hour between
peak traffic hours. The following bridges would be affected by this
proposal:
Jordan Bridge
The current regulations require the Jordan Bridge across the
Southern Branch of the Elizabeth River, at AICW mile 2.8, to 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. From 6:30 a.m. to 7:30 a.m. and from 3:30 p.m.
to 5 p.m., Monday through Friday, except Federal holidays, the bridge
need not open during rush hour closure periods for the passage of
certain recreational craft or commercial vessels and it need not open
during rush hour restrictions for commercial cargo vessels, including
tugs and tows, unless 2 hours advance notice has been given to the
Jordan Bridge Office at (757) 545-4695. At all other times, the draw
opens on signal.
The City of Chesapeake, through a Resolution submitted by the
Chesapeake City Council, has requested changes in the regulations
governing the Jordan Bridge. They requested a change in the hours the
draw would open during the morning and evening rush hours to 6:30 a.m.
to 8:30 a.m. and to 3:30 p.m. to 5:30 p.m., Monday through Friday,
except Federal holidays. This change would extend the morning closure
period by one hour and the evening closure period by a half hour. The
provision allowing vessels in distress, public vessels of the United
States, and commercial and public vessels assisting in any emergency
passage through the bridge at any time would be removed since this
provision is addressed in 33 CFR 117.31. Vessels carrying liquefied
flammable gas and other hazardous materials would still have unimpeded
access through the bridge at any time.
The proposal to continue to allow vessels carrying liquefied
flammable gas or other hazardous materials unimpeded access through the
bridge at any time was made based on the hazards involved in shipping
liquefied flammable gas and to maintain safety along the Southern
Branch of the Elizabeth River. The Coast Guard Marine Safety Office,
Hampton Roads, issues safety zones each time liquefied flammable gas is
transported through the Port of Hampton Roads.
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 is proposed to
continue to include them in the 2-hour advance notice requirement as
well as commercial cargo vessels requiring high tide to transit. During
the spring and fall months, the flow of recreational vessels is
constant due to vessel owners that are referred to as ``snow birds''.
Owners of these recreational vessels are either transiting north to
south towards a warmer climate in the fall or south to north towards a
cooler climate in the spring and this can result in excessive bridge
openings during rush hour due to their numbers. The proposal to
continue to restrict recreational vessels during the morning and
evening rush hour is based on the need to limit the openings of the
draw during these hours to aid in relieving highway congestion
currently being experienced at this bridge.
The request for the change to the regulations is based on
increasing area highway congestion, the lengthy delays to cross bridges
due to area growth that is resulting in more motorists on the highways.
The area's bridges and bridge-tunnel complexes are experiencing
increasing congestion which can be partially remedied by extending the
bridge closure periods during peak traffic hours to help keep the main
highway arteries free flowing. The Jordan 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.
The City's request to extend the morning and evening hour closure
periods Monday through Friday, except Federal holidays, is based on the
need to reduce traffic congestion. The current schedule has been
successful; however, it needs to be expanded since the last time the
regulations governing the operation of the Jordan Bridge were updated
was in the summer of 1990. A Final Rule (58 FR 16122) was published
March 25, 1993. Since then the current closure periods have not been
sufficient to accommodate the increase in vehicular traffic crossing
this bridge.
Weekday vehicular traffic submitted by the City of Chesapeake
revealed that approximately 825 vehicles cross over the bridge during
the morning rush hour and approximately 2500 cross over the bridge
during the evening rush hour.
The Coast Guard studied the City of Chesapeake's drawlogs for the
Jordan Bridge for 2001, Monday through Friday, except Federal holidays,
between the hours of 7:30 a.m. to 8:30 a.m. and 5 p.m. to 5:30 p.m. to
determine how often the draw opened for the passage of vessels. The
logs revealed that during the requested extended rush hour closure
periods, the draw opened a total of 637 times for 2001. April had the
highest number of openings; 92 times during the morning and 72 times
during the evening. Recreational vessels requesting opening during the
requested hours of extension totaled 30 for May 2001, 365 for October
2001, and 167 for November. Based on the frequency of bridge openings
and the increase in vehicular traffic, the City of Chesapeake's request
to extend the morning and evening rush hours appears reasonable.
Gilmerton Bridge
Current regulations require the Gilmerton Bridge across the
Southern Branch of the Elizabeth River, AICW mile 5.8, to 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. 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 need
not open during rush hour closure periods for the passage of certain
recreational craft or commercial vessels and need not open during rush
hour closure periods for commercial cargo vessels, including tugs, and
tugs with tows, unless 2 hours advance notice has been given to the
Gilmerton Bridge at (757) 545-1512. The draw opens on signal at all
other times.
The City of Chesapeake, through a Resolution submitted by the
Chesapeake City Council, has requested changes in the regulations
governing the Gilmerton Bridge. They requested a change in the hours
the draw would open during the morning and evening rush hours to 6:30
a.m. to 8:30 a.m. and to 3:30 p.m. to 5:30 p.m. Monday through Friday,
except Federal holidays. This change would extend the morning closure
period by a half hour and extend the evening closure period by a half
hour. The
[[Page 7089]]
provision allowing vessels in distress, public vessels of the United
States, and/or commercial and public vessels assisting in any emergency
passage through the bridge at any time would be removed since this
provision is addressed in 33 CFR 117.31. Vessels carrying liquefied
flammable gas and other hazardous materials would still be given access
through the bridge at any time.
The proposal to continue to provide vessels carrying liquefied
flammable gas or hazardous materials unimpeded 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. The Hampton Roads
Marine Safety Office issues safety zones each time a liquefied
flammable gas carrier is transiting the Port of Hampton Roads. Also,
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 is proposed to continue
to include them in the 2-hour advance notice requirement provision, as
well as commercial cargo vessels requiring high tide to transit. During
the spring and fall months, the flow of recreational vessels is
constant due to vessel owners that are referred to as ``snowbirds''.
Owners of these recreational vessels are either transiting north to
south towards a warmer climate in the fall or south to north towards a
cooler climate in the spring and this can result in excessive bridge
openings during rush hour closure periods due to their numbers. The
proposal to expand the closure periods for recreational vessels during
the morning and evening rush hour is based on the need to limit the
openings of the draw during these hours to aid in relieving highway
congestion currently being experienced at this bridge.
The request for the change to the regulations is based on
increasing area highway congestion and lengthy delays across bridges
due to area growth that is resulting in more motorists on the highways.
The Gilmerton Bridge is another vital link between the cities of
Portsmouth and Chesapeake and is 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.
The City's request to extend the morning and evening closure
periods Monday through Friday, except Federal holidays, is based on the
need to reduce traffic congestion. November 1994 was the last time the
regulations governing the operation of this drawbridge were updated. A
Final Rule (60 FR 37365) was published July 20, 1995. Since 1994, area
growth has continued and the current closure periods are not sufficient
to accommodate the increase in vehicular traffic crossing this bridge.
Weekday vehicular traffic counts submitted by the City of Chesapeake
revealed that during the morning rush hour, approximately 2200 vehicles
cross the Gilmerton Bridge. During the evening rush hours,
approximately 3000 vehicles cross over this bridge.
The Coast Guard studied the City of Chesapeake's drawlogs for the
Gilmerton Bridge for the year of 2001, Monday through Friday, except
Federal holidays, between the hours of 8 a.m. to 8:30 a.m. to 5 p.m. to
5:30 p.m. to determine how often the draw opened for the passage of
vessels. The logs revealed that during the requested half-hour
extension of the morning and evening rush hours, the draw opened a
total of 223 times in the morning and 235 times in the evening. The
highest number of openings occurred during the spring months and the
fall months. The lowest openings occurred in February when vessel
traffic is at its lowest due to the cold weather. Based on the number
of vehicles that cross this bridge during the morning and evening rush
hours and the frequency of bridge openings during the same time, the
City of Chesapeake's request to extend the morning and evening rush
hours by a half-hour appears reasonable.
Dominion Boulevard
Current regulations require the Dominion Boulevard Bridge across
the Southern Branch of the Elizabeth River, AICW mile 8.8, to open on
signal except from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday
through Friday, except Federal holidays, the drawbridge need not open
for the passage of recreational vessels. Vessels in an emergency
involving danger to life or property shall be passed at any time.
The City of Chesapeake, through a Resolution submitted by
Chesapeake City Council, has requested changes in the regulations
governing the operation of the Dominion Boulevard Bridge also known as
the Steel Bridge. This request would change the rush hour restrictions
to 6:30 a.m. to 8:30 a.m. and to 5 p.m. to 7 p.m., Monday through
Friday, except Federal holidays. This change would extend the morning
rush hour by a half hour at the beginning and reduce it by one half
hour at the end. The evening rush hour would begin an hour later and
last an hour later. A new provision would be added to change on demand
openings to opening on signal on the hour and half-hour, between 8:30
a.m. to 5 p.m., Monday through Friday, except Federal holidays. The
provision to allow vessels in an emergency involving danger to life or
property would be removed since this provision is addressed in 33 CFR
117.31. The City of Chesapeake also requested that new provisions be
included allowing vessels carrying liquefied flammable gas or other
hazardous materials access through the bridge at any time, tugs and
tugs with tows and commercial cargo vessels access through the bridge
with a 2-hour advance notification, and delaying the draw for 10
minutes for an approaching vessel or vessels waiting to pass through
the drawspan. Recreational vessels would continue to be subject to the
closure periods during the morning and evening rush hours. At all other
times, the draw would open on signal.
The proposal to allow vessels carrying liquefied flammable gas or
hazardous materials unimpeded 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. The Coast Guard Marine Safety Office,
Hampton Roads, issues safety zones each time a liquefied flammable gas
carrier is transiting the Port of Hampton Roads. Also, 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 is proposed to continue to include
them in the 2-hour advance notice requirement provision, as well as
commercial cargo vessels requiring high tide to transit. During the
spring and fall months, the flow of recreational vessels is constant
due to vessel owners referred to as ``snowbirds''. Owners of these
recreational vessels are either transiting north to south towards a
warmer climate in the fall or south to north towards a cooler climate
in the spring and this can result in excessive bridge openings during
rush hour restrictions due to their numbers. The proposal to continue
to restrict recreational vessels during the morning and evening rush
hour is based on the need to limit the openings of the draw during
these hours to aid in relieving highway congestion currently being
experienced at this bridge.
The request for the change to the regulations is based on
increasing area highway congestion and lengthy delays at the Dominion
Boulevard Bridge. The Dominion Boulevard Bridge is one of the vital
links to those who live and work in the Great Bridge area of
Chesapeake. Bridge openings during rush hours severely disrupt
vehicular traffic. The need to extend bridge
[[Page 7090]]
closure periods during peak traffic hours far exceeds the need to
maintain the Dominion Boulevard Bridge at its present regulated
schedule.
The City's request to extend the morning and evening closure
periods Monday through Friday, except Federal holidays, is based on the
need to reduce traffic congestion. The current schedule was updated
December 26, 1995 in a Final Rule (61 FR 1714) and worked for a while,
but as a result of urban development, Dominion Boulevard has become a
heavily traveled thoroughfare and the current closure periods are no
longer sufficient to accommodate the increase in vehicles crossing this
bridge during rush hour. The City of Chesapeake studied weekday
vehicular traffic counts during the morning and evening rush hours. The
average vehicle traffic count during a weekday morning rush hour for
this bridge is approximately 2500 and for the evening rush hour, the
vehicle count is approximately 2000.
The Coast Guard studied the City of Chesapeake's drawlogs for the
Dominion Boulevard Bridge for the year 2001, Monday through Friday,
except Federal holidays between the hours of 6:30 a.m. to 7 a.m., 8:30
a.m. to 9 a.m., 4 p.m. to 5 p.m. and 6 p.m. to 7 p.m. to determine how
often the draw opened for the passage of vessels. The logs revealed
that during the requested morning and evening rush hour extensions, the
draw opened a total of 252 times during the morning and 350 times
during the evening. The highest number of openings occurred May through
November. The highest number of recreational vessels passing through
this bridge during the extended hours of closure periods requested by
the City was 275 in May 2001 and 245 in October of 2001. The lowest
number of openings occurred in February, March and December due to the
cold weather when boating is at its lowest. Based on the number of
vehicles that cross this bridge during the morning and evening rush
hours and the frequency of bridge openings during the same time, the
City of Chesapeake's request to extend the morning and evening rush
hours appears reasonable.
Centerville Turnpike
Current regulations that govern the operation of the Centerville
Turnpike Bridge across the Albemarle and Chesapeake Canal, AICW mile
15.2, require the bridge to open on signal except from 7 a.m. to 7 p.m.
the draw need only be opened on the hour and half-hour, seven days a
week year-round, for the passage of recreational vessels. Public
vessels of the United States, commercial vessels and vessels in an
emergency condition which present danger to life or property shall be
passed at any time.
The City of Chesapeake, through a Resolution submitted by the
Chesapeake City Council, has requested changes in the regulations
governing the Centerville Turnpike Bridge. Provisions would be added to
close the drawspan between the hours of 6:30 a.m. to 8:30 a.m. and from
4 p.m. to 6 p.m., Monday through Friday, except Federal holidays, allow
commercial cargo vessels, tugs, and tugs with tows access through the
bridge at any time provided a 2-hour advance notification is made, and
would subject certain recreational vessels and commercial vessels to
the morning and evening rush hour closure periods. The City also
requested that the draw open only on the hour and half hour between
8:30 a.m. and 4 p.m. seven days a week. Since the rush hour closure
periods are only for the weekday, the hour and half hour openings would
apply between 8:30 a.m. and 4 p.m., Monday through Friday, except
Federal holidays and not seven days a week. The rest of the time the
draw would open on signal. The Coast Guard is adding to the City's
request that the draw shall open on signal for the passage of vessels
carrying liquefied flammable gas or other hazardous materials. Coast
Guard Marine Safety Office, Hampton Roads, confirmed that there is a
commercial facility located past the Centerville Turnpike bridge that
receives deliveries of fuel that is transported by barges.
The proposal to allow vessels carrying liquefied flammable gas or
hazardous materials unimpeded 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 Albemarle and
Chesapeake Canal. The Coast Guard Marine Safety Office, Hampton Roads,
issues safety zones each time a liquefied flammable gas carrier is
transiting the Port of Hampton Roads. Also, since tugs, and tugs with
tows have no place to tie up in the vicinity of the bridge to wait for
a bridge opening, it is proposed to include them in the 2-hour advance
notice requirement provision, as well as commercial cargo vessels
requiring high tide to transit. During the spring and fall months, the
flow of recreational vessels is constant due to vessel owners referred
to as ``snowbirds''. Owners of these recreational vessels are either
transiting north to south towards a warmer climate in the fall or south
to north towards a cooler climate in the spring and this can result in
excessive bridge openings during rush hour closure periods due to their
numbers. The proposal to continue to restrict recreational vessels
during the morning and evening rush hour is based on the need to limit
the openings of the draw during these hours to aid in relieving highway
congestion currently being experienced at this bridge.
The City's request to provide morning and evening closure periods
for bridge openings Monday through Friday, except Federal holidays, is
based on the large volume of highway traffic that occurs at this
location. Centerville Turnpike is a small two-lane road that
accommodates large volumes of highway traffic. The highway traffic is a
result of the population growth in Chesapeake and is causing lengthy
delays to motorists who use this bridge daily going to and from home to
work. The current schedule was updated as a Final Rule September 30,
1991 (56 FR 49410). A Notice of Proposed Rulemaking (NPRM) was
published (63 FR 26792, June 2, 1998) for the Centerville Turnpike
Bridge proposing a change to the current operating schedule. The
request was made by the City of Chesapeake to provide rush hour closure
periods in the morning and evening, Monday through Friday including
Federal holidays from April 1 to November 30. The remainder of the
time, the bridge would open on signal. Comments received as a result of
the NPRM were from marina owners located on the AICW. They expressed
concern that the closure periods would have a negative impact on their
business. The City of Chesapeake was informed of these comments and
decided based on their conversations with these business owners to
provide a new proposal for the Centerville Turnpike Bridge. The new
proposal took the place of the NPRM and provided a comprehensive
sequencing of all of the AICW bridges in Chesapeake that the City felt
would minimize inconvenience to the maritime industry. The Coast Guard
tested the City's new proposal by transiting the AICW in a Coast Guard
41-foot Search and Rescue vessel traveling 10 knots. The Coast Guard
determined the speed of travel was the average speed the majority of
boaters traveled along this waterway. It was determined after the test
was completed that the City's request did not meet the reasonable needs
of navigation.
Data received from the City of Chesapeake revealed highway traffic
counts at the Centerville Turnpike Bridge has increased from 13,700 per
day to over 16,000 per day. Weekday traffic counts submitted by the
City revealed over 4500 vehicles cross over the Centerville Turnpike
Bridge during
[[Page 7091]]
the morning rush hours and over 3300 cross over this bridge during the
evening rush hours.
The Coast Guard studied the City of Chesapeake's drawlogs for the
Centerville Turnpike Bridge for the year of 2001, Monday through
Friday, except Federal holidays, between the hours of 6:30 a.m. to 8:30
a.m. and 4:30 p.m. to 6 p.m. to determine how often the draw opened for
the passage of vessels. The logs revealed that during the requested
morning and evening rush hours, the draw opened a total of 395 times in
the morning and 414 times in the evening. Vessel traffic through this
bridge was at it's highest from April to November 2001. In May vessels
totaled 255 and in October vessels totaled 305. Since this bridge
currently does not have a morning or evening rush hour schedule and
based on the number of vehicles crossing this bridge and the high
number of openings occurring during the requested morning and evening
rush hours, the City of Chesapeake's request appears reasonable.
Discussion of Proposed Rule
Jordan Bridge
The Coast Guard proposes to amend the substance of Sec. 117.997(b)
that governs the Jordan Bridge, across the Southern Branch of the
Elizabeth River, AICW mile 2.8, in Chesapeake, Virginia. The proposed
change to paragraph (b)(1) would require the bridge to open on signal
at any time for commercial vessels carrying liquefied flammable gas or
other hazardous materials. Paragraph (b)(2) would expand the closure
periods during rush hour from 6:30 a.m. to 8:30 a.m. and from 3:30 p.m.
to 5:30 p.m., Monday through Friday, except Federal holidays. Paragraph
(b)(2)(i) would change the wording of pleasure craft to recreational
vessel.
Gilmerton Bridge
The Coast Guard proposes to amend the substance of Sec. 117.997
(d) that governs the Gilmerton Bridge, across the Southern Branch of
the Elizabeth River, AICW mile 5.8, in Chesapeake, Virginia. The
proposed change to paragraph (d)(1) would require the bridge to open on
signal at any time for commercial vessels carrying liquefied flammable
gas or other hazardous materials. Paragraph (d)(2) would expand the
closure period during rush hour from 6:30 a.m. to 8:30 a.m. and from
3:30 p.m. to 5:30 p.m., Monday through Friday, except Federal holidays.
Paragraph (d)(2)(i) would change the wording of pleasure craft to
recreational vessel.
Dominion Boulevard Bridge
The Coast Guard proposes to amend both the form and substance of
Sec. 117.997 (f) which governs the Dominion Boulevard Bridge, across
the Southern Branch of the Elizabeth River, AICW mile 8.8, in
Chesapeake, Virginia. The proposed change to paragraph (f)(1) would
require the bridge to open on signal at any time for commercial vessels
carrying liquefied flammable gas or hazardous materials. Paragraph
(f)(2) would establish closure periods for the bridge during rush hours
from 6:30 a.m. to 8:30 a.m. and from 5 p.m. to 7 p.m., Monday through
Friday, except Federal holidays. Paragraph (f)(2)(i) would establish
that the bridge need not open for the passage of recreational or
commercial vessels during those closure periods that do no qualify
under paragraph (f)(2)(ii) of this section. Paragraph (f)(2)(ii) would
establish that the bridge need not open for commercial cargo vessels,
including tugs, and tugs with tows, unless 2 hours advance notice is
given to the Dominion Boulevard Bridge at (757) 547-0521. Paragraph
(f)(3) would establish scheduled opening for the bridge on the hour and
half hour from 8:30 a.m. to 5 p.m., Monday through Friday, except
Federal holidays. Paragraph (f)(4) would establish discretion for the
drawtender to delay the opening up to 10 minutes pass the hour and half
hour for the passage of approaching vessels and any other vessels that
are waiting to pass. Paragraph (f)(5) would establish that the bridge
would open on signal at all other times.
Centerville Turnpike Bridge
The Coast Guard proposes to amend both the form and substance of
Sec. 117.997(i) that governs the Centerville Turnpike Bridge, across
the Albemarle and Chesapeake Canal, AICW mile 15.2, in Chesapeake,
Virginia. Paragraph (i)(1) would require the bridge to open at any time
for commercial vessels carrying liquefied flammable gas or hazardous
materials. Paragraph (i)(2) would establish closure periods for rush
hour from 6:30 a.m. to 8:30 a.m. and from 4 p.m. to 6 p.m., Monday
through Friday, except Federal holidays. Paragraph (i)(2)(i) would
establish that the bridge need not open for the passage of recreational
or commercial vessels that do not qualify under (i)(2)(ii) of this
section. Paragraph (i)(2)(ii) would establish that the bridge need not
open for commercial cargo vessels, including tugs, and tugs with tows,
unless 2 hours advance notice has been given to the Centerville
Turnpike Bridge at (757) 547-3632. Paragraph (i)(3) would establish a
schedule for bridge openings on the hour and half hour from 8:30 a.m.
to 4 p.m., Monday through Friday, except Federal holidays. Paragraph
(i)(4) would give discretion to the drawtender to delay the opening 10
minutes pass the hour/half hour for the passage of the approaching
vessel and any other vessels that are waiting to pass. Paragraph (i)(5)
would establish that the bridge would open on signal at all other
times.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it 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).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
We reached this conclusion based on the fact that the proposed
changes have only a minimal impact on maritime traffic transiting the
bridges. Mariners can plan their transits in accordance with the
scheduled bridge openings, to further minimize delay.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
The proposed rule would not have a significant economic impact on a
substantial number of small entities because the rule only adds minimal
restrictions to the movement of navigation, and mariners who plan their
transits in accordance with the schedule bridge openings and minimize
delay.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity
[[Page 7092]]
and that this rule would have a significant economic impact on it,
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Ann B. Deaton, Bridge
Administrator, Fifth Coast Guard District, (757) 398-6222.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3502.).
Federalism
A rule has implications for federalism under Executive Order 12132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in section 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
To help the Coast Guard establish regular and meaningful
consultation and collaboration with Indian and Alaskan Native tribes,
we published a notice in the Federal Register (66 FR 36361, July 11,
2001) requesting comment on how to best carry out the Order. We invite
your comments on how this proposed rule might impact tribal
governments, even if that impact may not constitute a ``tribal
implication'' under the Order.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a State of Energy Effects under
Executive Order 13211.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 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 paragraphs (b)(1), (b)(2) introductory text,
(b)(2)(i), (d)(1), (d)(2) introductory text, (d)(2)(i), (f) and (i) are
revised to read as follows:
Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the
Elizabeth River to the Albemarle and Chesapeake Canal
* * * * *
(b) * * *
(1) Shall open on signal at any time for commercial vessels
carrying liquefied flammable gas or other hazardous materials.
(2) From 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:30 p.m.,
Monday through Friday, except Federal holidays:
(i) Need not open for the passage of recreational or commercial
vessels that do not qualify under paragraph (b)(2)(ii) of this section.
* * * * *
(d) * * *
(1) Shall open on signal at any time for commercial vessels
carrying liquefied flammable gas or other hazardous materials.
(2) From 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:30 p.m.,
Monday through Friday, except Federal holidays:
(i) Need not open for the passage of recreational or commercial
vessels that do not qualify under paragraph (d)(2)(ii) of this section.
* * * * *
(f) The draw of the Dominion Boulevard (US 17) bridge, mile 8.8, in
Chesapeake:
(1) Shall open on signal at any time for commercial vessels
carrying liquefied flammable gas or other hazardous materials.
(2) From 6:30 a.m. to 8:30 a.m. and from 5 p.m. to 7 p.m., Monday
through Friday, except Federal holidays:
(i) Need not open for the passage of recreational or commercial
vessels that do not qualify under paragraph (f)(2)(ii) of this section.
[[Page 7093]]
(ii) Need not open for commercial cargo vessels, including tugs,
and tugs with tows, unless 2 hours advance notice has been given to the
Dominion Boulevard Bridge at (757) 547-0521.
(3) From 8:30 a.m. to 5 p.m., Monday through Friday, except Federal
holidays, the draw need be opened only on the hour and half hour.
(4) If any vessel is approaching the bridge and cannot reach the
draw exactly on the hour or half hour, the drawtender may delay the
opening up to ten minutes pass the hour or half hour for the passage of
the approaching vessel and any other vessels that are waiting to pass.
(5) Shall open on signal at all other times.
* * * * *
(i) The draw of the Centerville Turnpike (SR170) bridge across the
Albemarle and Chesapeake Canal, mile 15.2, at Chesapeake:
(1) Shall open on signal at any time for commercial vessels
carrying liquefied flammable gas or other hazardous materials.
(2) From 6:30 a.m. to 8:30 a.m. and from 4 p.m. to 6 p.m., Monday
through Friday, except Federal holidays:
(i) Need not open for the passage of recreational or commercial
vessels that do not qualify under (i)(1)(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
Centerville Turnpike Bridge at (757) 547-3632.
(3) From 8:30 a.m. to 4 p.m., Monday through Friday, except Federal
holidays, the draw need only be opened on the hour and half hour.
(4) If any vessel is approaching the bridge and cannot reach the
draw exactly on the hour or half hour, the drawtender may delay the
opening ten minutes pass the hour or half hour for the passage of the
approaching vessel and any other vessels that are waiting to pass.
(5) Shall open on signal at all other times.
Dated: January 15, 2003.
James D. Hull,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-3458 Filed 2-11-03; 8:45 am]
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