[Federal Register: January 13, 2004 (Volume 69, Number 8)]
[Proposed Rules]
[Page 1958-1960]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja04-18]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-03-168]
RIN 1625-AA-09
Drawbridge Operation Regulation; Chincoteague Channel,
Chincoteague, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Commander, Fifth Coast Guard District, is proposing to
change the regulations that govern the operation of the SR 175
drawbridge across the Chincoteague Channel, mile 3.5, at Chincoteague,
Virginia. These regulations are necessary to facilitate public safety
during the Annual Pony Swim. This proposed change to the drawbridge
operation schedule will allow the Chincoteague Channel Bridge to remain
in the closed position from 7 a.m. to 5 p.m. on the last Wednesday and
Thursday in July of every year.
[[Page 1959]]
DATES: Comments and related material must reach the Coast Guard on or
before March 15, 2004.
ADDRESSES: You may mail comments and related material to the Commander
(oan-b), Fifth Coast Guard District, Federal Building, 4th Floor, 431
Crawford Street, Portsmouth, Virginia 23703-5004. 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 between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Linda L. Bonenberger, Bridge
Management Specialist, Fifth Coast Guard District, at (757) 398-6227.
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 (CGD05-03-
168), 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 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 Town of Chincoteague has requested a change from the current
operating regulation set out in 33 CFR 117.5 that requires the
drawbridge to open promptly and fully for the passage of vessels when a
request to open is given.
The purpose of the change is to accommodate the Pony Swim across
the Assateague Channel between Assateague Island and Chincoteague
Island that takes place every year on the last Wednesday and Thursday
in July. The herd is owned by the Chincoteague Volunteer Fire
Department and managed by the National Park Service. This annual event
began in the 1700's, but in 1925 the Fire Department took over the
event that is also referred to as the Chincoteague Volunteer Fireman's
Carnival. The proceeds from the auctioning of the ponies provide a
source of revenue for the fire company and it also serves to trim the
herd's numbers. On Wednesdays, the ponies are led across the Assateague
Channel from Assateague Island to Chincoteague where they are auctioned
off. On Thursdays, the remaining ponies are led back across the channel
to Assateague Island.
Due to the high volume of spectators that attend this yearly event,
it is necessary to close the draw span on each of these days between
the hours of 7 a.m. to 5 p.m. This will reduce vehicular traffic
congestion and increase public safety on this small island as a result
of drawbridge openings where the SR 175 bridge is the only access.
The proposed change would allow the Chincoteague Channel Bridge to
remain in the closed position each year from 7 a.m. to 5 p.m. on the
last Wednesday and Thursday of July.
Since the Pony Swim is a well-known annual event, and is publicly
advertised, vessel operators can arrange their transits to minimize any
impact caused by the closure. Vessel operators with mast heights lower
than 15 feet still can transit through the fixed bridge across
Chincoteague Channel during this event since only the bridge is closed
and not the waterway. The Atlantic Ocean is the only alternate route
for vessels with a mast height greater than 15 feet.
Discussion of Proposed Rule
We propose to change the current operating regulation set out in 33
CFR 117.5 that requires the drawbridge to open on demand for the
passage of vessels when a request to open is given. A new section,
117.1005, would be inserted and allow the bridge to remain closed to
vessel traffic from 7 a.m. to 5 p.m. on the last Wednesday and Thursday
in July of every year.
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.
This conclusion was based on the fact that the proposed change will
have a very limited impact on maritime traffic transiting this area.
Since the Chincoteague Channel will remain open to navigation during
this event, mariners with mast height less than 15 feet may still
transit through the bridge and vessels with mast height greater than 15
feet can use the Atlantic Ocean to the west or transit after the closed
hours.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 even though the rule
closes the Chincoteague Channel bridge to mariners, those with mast
heights less than 15 feet will still be able to transit through the
bridge during the closed hours and mariners whose mast heights are
greater than 15 feet will be able to use the Atlantic Ocean as an
alternate route or transit after the closed hours.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1966 (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
[[Page 1960]]
Gregory, Bridge Administrator, Fifth Coast Guard District, (757) 398-
6222.
Collection of Information
This proposed rule calls 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
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.
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 Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, 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. Allowing the draw to remain closed for
vessels at the times indicated on the last Wednesday and Thursday in
July of every year would have no individually or cumulatively
significant impact on the environment.
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. Sec. 117.1005 is added to read as follows:
Sec. 117.1005 Chincoteague Channel.
The draw of the SR 175 bridge, mile 3.5 at Chincoteague need not
open for the passage of vessels from 7 a.m. to 5 p.m. on the last
Wednesday and Thursday in July of every year.
Dated: December 31, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-637 Filed 1-12-04; 8:45 am]
BILLING CODE 4910-15-P