[Federal Register: December 30, 2004 (Volume 69, Number 250)]
[Proposed Rules]
[Page 78373-78375]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de04-28]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-04-215]
RIN 1625-AA09
Drawbridge Operation Regulations; Chincoteague Channel,
Chincoteague, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulations that govern
the operation of the SR 175 Bridge, at mile 3.5, at Chincoteague,
Virginia. The proposal would require hourly openings of the draw from 6
a.m. to Midnight year-round; except from 7 a.m. to 5 p.m. on the last
consecutive Wednesday and Thursday in July, the draw need not be
opened. At all other times, the draw need not open. The proposed change
would reduce vehicular traffic congestion to increase public safety and
to extend the structural and operational integrity of the movable span
while still balancing the needs of marine and vehicular traffic.
DATES: Comments and related material must reach the Coast Guard on or
before February 14, 2005.
ADDRESSES: You may mail comments and related material to Commander
(obr), Fifth Coast Guard District, Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, VA 23704-5004. The 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
Commander (obr), Fifth Coast Guard District between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6629.
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 CGD05-04-
215, 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 a return
receipt, please enclose a stamped, self-addressed postcard or envelope.
We will consider all submittals 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 Commander (obr), 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 Department of Transportation (VDOT) owns and operates
this swing-type bridge. The current regulation requires the SR 175
Bridge, mile 3.5, at Chincoteague to open on signal except the draw may
remain in the closed position to vessels from 7 a.m. to 5 p.m. on the
last consecutive Wednesday and Thursday in July of every year.
On behalf of the Chincoteague Town Council (the Council), residents
and business owners in the area, VDOT has requested a change to the
existing regulations for the SR 175 Bridge. This proposal is an effort
to schedule the number of drawbridge openings thereby reducing traffic
congestion for public safety. By scheduling the number of openings this
proposal will also extend the structural and operational integrity of
the movable span, while balancing the needs of mariners and vehicular
traffic transiting in and around this seaside resort area. SR 175
highway is also the principal arterial route that serves as the major
evacuation highway in the event of emergencies or tidal flooding.
On June 28, 2004, we published a notice of temporary deviation from
the regulations and request for comments entitled ``Drawbridge
Operation Regulations; Chincoteague Channel, VA'' in the Federal
Register (69 FR 36011). The temporary deviation was an operation to
test an alternate drawbridge operation schedule for 90 days and to
solicit comments from the public. In accordance with the temporary
deviation, from July 2, 2004 through September 29, 2004, the draw of
the bridge opened every two hours on the even hour from 6 a.m. to
midnight; except from 7 a.m. to 5 p.m., on the last consecutive
Wednesday and Thursday of July, the draw need not be opened. Finally,
at all other times, the draw was not opened.
The Coast Guard received six letters and four petitions commenting
on the provisions of the temporary deviation. Several comments from
residents of the Town of Chincoteague favored the two-hour opening
schedule. The commercial vessel owners favored a less restrictive
hourly opening schedule. To ease vehicular traffic congestion, VDOT
requested the movement of marine traffic be regulated. The Coast Guard
reviewed the vehicle traffic information and bridge logs provided by
VDOT. Bridge opening log data from 2001 to 2003 revealed that the
highest concentration of vessel and vehicular traffic occurred during
the peak tourist season from April to October. VDOT submitted a weekly
vehicular traffic count for August 2004. The eastbound and westbound
traffic counts revealed for August 19, 20, 21 and 22, that
approximately 8150, 9729, 8365 and 7447 vehicles cross the SR 175
Bridge, respectively.
VDOT records reveal an increase in yearly bridge openings. For 2001
to 2003, the bridge opened for vessels 1789, 2063 and 2337 times during
these years, respectively. During the peak tourist season for the same
period, the bridge opened for vessels 1356, 1558 and 1761 times,
respectively. With an average of only 12 openings per day (yearly) or
approximately one opening per hour, restricting openings of the
drawbridge hourly from 6 a.m. to midnight is not expected to seriously
disrupt marine traffic, and is expected to substantially reduce
vehicular traffic congestion.
This change is being requested to make the operation of the SR 175
Bridge more efficient. It will reduce vehicular traffic congestion to
increase public safety and to extend the structural and operational
integrity of the movable span while still balancing the needs of marine
and vehicular traffic.
Discussion of Proposed Rule
The Coast Guard proposes to amend the regulations governing the SR
175 Bridge, mile 3.5, at Chincoteague, which
[[Page 78374]]
currently operates on signal, except the draw may remain in the closed
position to vessels from 7 a.m. to 5 p.m. on the last consecutive
Wednesday and Thursday in July of every year. At all other times, the
draw need not open. The Coast Guard proposes to amend 33 CFR Sec.
117.1005 by inserting a new provision, which would limit the required
openings of the draw year-round from 6 a.m. to midnight to once an hour
with closure periods from 7 a.m. to 5 p.m. on the last consecutive
Wednesday and Thursday in July of every year; and at all other times,
the draw need not open.
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
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. We reached this conclusion based
on the fact that the proposed changes have only a minimal impact on
maritime traffic transiting the bridge. Mariners can plan their trips
in accordance with the scheduled bridge openings, to minimize delays.
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.
This 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 scheduled bridge openings
can minimize delay.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity 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 Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, (757) 398-6222. The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
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. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
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 sections 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.
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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications
[[Page 78375]]
of materials, performance, design, or operation; test methods; sampling
procedures; and related management systems practices) that are
developed or adopted by voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this proposed rule is categorically excluded,
under figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation because it has been determined that the
promulgation of operating regulations for drawbridges are categorically
excluded.
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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Section 117.1005 is revised to read as follows:
Sec. 117.1005 Chincoteague Channel.
The draw of the SR 175 Bridge, mile 3.5, at Chincoteague shall open
on the hour from 6 a.m. to Midnight; except that from 7 a.m. to 5 p.m.
on the last consecutive Wednesday and Thursday in July of every year
and from Midnight to 6 a.m. every day the draw need not be opened.
Dated: December 20, 2004.
Ben R. Thomason,
Captain, U. S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 04-28548 Filed 12-29-04; 8:45 am]
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