[Federal Register: August 19, 2005 (Volume 70, Number 160)]
[Rules and Regulations]
[Page 48637-48639]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19au05-2]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-05-041]
RIN 1625-AA09
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
South Branch of the Elizabeth River, Chesapeake, VA
AGENCY: Coast Guard, DHS.
ACTION: Interim rule with request for comment.
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SUMMARY: The Coast Guard is changing the regulations that govern the
operation of the Dominion Boulevard (US 17) Bridge across the Southern
Branch of the Elizabeth River, at Atlantic Intracoastal Waterway (AICW)
mile 8.8, at Chesapeake, Virginia. This rule will change the morning
rush hour closure period so that it starts at 7 a.m. and ends at 9 a.m.
From 9 a.m. to 4 p.m., Monday through Friday, and from 7 a.m. to 6 p.m.
on Saturdays, Sundays and Federal holidays, the draw need be opened
every hour on the hour. This change is necessary to relieve vehicular
traffic congestion and reduce traffic delays during weekday rush hour
periods, and on weekends and Federal holidays, while still providing
for the reasonable needs of navigation.
DATES: This rule is effective September 19, 2005. Comments and related
material must reach the Coast Guard on or before October 3, 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
docket number CGD05-05-041 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: Waverly W. Gregory, Jr., 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 (CGD05-05-
041), 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 interim rule in view of them.
Regulatory History
The Coast Guard published in the Federal Register a temporary 90-
day deviation and request for comments from the drawbridge operation
regulations in an effort to test an alternate drawbridge operation
schedule and to solicit comments from the public (69 FR 75472, Dec. 17,
2004). The deviation was in effect from December 13, 2004 to March 13,
2005, and from 8:30 a.m. to 4 p.m., Monday through Friday, except
Federal holidays, the draw was opened only every hour on the half hour.
Fifty-two e-mail messages and 4 on-paper responses were received during
the comment period that ended March 14, 2005.
On May 10, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Atlantic
Intracoastal Waterway (AICW), Elizabeth River, Southern Branch, VA'' in
the Federal Register (70 FR 24492). We received 690 comments on the
proposed rule. No public hearing was requested, and none was held.
Background and Purpose
Current regulations require the Dominion Boulevard (US 17) Bridge
across the Southern Branch of the Elizabeth River, at AICW mile 8.8, to
open on signal at any time for commercial vessels carrying liquefied
flammable gas or other hazardous materials. 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, the draw need not open for the passage of recreational
vessels and the draw need not open for commercial cargo vessels
carrying non-hazardous material that do not provide a 2-hour advance
notice. In addition, from Memorial Day to Labor Day, from 8:30 a.m. to
4 p.m., Monday through Friday, except Federal holidays, the draw is
opened only every hour on the half-hour.
On December 17, 2004, we published a notice of temporary deviation
from the regulations and request for comments entitled ``Drawbridge
Operation Regulations; Atlantic Intracoastal Waterway (AICW), Elizabeth
River, Southern Branch, VA'' in the Federal Register (69 FR 75472). The
temporary deviation was an effort to test an alternate drawbridge
operation schedule for 90 days and to solicit comments from the public.
In accordance with the temporary deviation, from December 13, 2004 to
March 13, 2005, from 8:30 a.m. to 4 p.m., Monday through Friday, except
Federal holidays, the draw was opened only every hour on the half hour.
The Coast Guard received 52 e-mail messages and 4 on-paper
responses commenting on the provisions of the temporary deviation. The
majority of the comments, from motorists, favored scheduled versus
unscheduled bridge openings, so they could better plan their movements.
Many respondents
[[Page 48638]]
indicated that even though the vehicular rush hour traffic starts at
6:30 a.m., the weekday rush hour traffic peaks between 7 a.m. and 9
a.m. In addition, they stated a preference that commercial vessels
carrying non-hazardous materials be regulated. However, since tugs and
tugs with tows have no place to tie up in the proximity of the bridge
in order to wait for a bridge opening, the Coast Guard will continue to
include them in the 2-hour advance notice requirement.
The NPRM, which was published on May 10, 2005, proposed on-signal
openings for commercial vessels carrying hazardous materials and for
commercial vessels that provide a two-hour advance notice. In addition,
the NPRM proposed that year-round from 9 a.m. to 4 p.m., Monday through
Friday, except Federal holidays, the draw need be opened every hour on
the hour; from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday to
Friday, except Federal holidays, the draw need not open for
recreational vessels, and need not open for commercial vessels carrying
non-hazardous material that do not provide a 2-hour advance notice.
After publication of the proposal, we received 690 comments from
the public. The majority of respondents favored scheduled openings of
the drawbridge year-round between the morning and evening rush hour
periods.
This interim rule, when implemented, will ease vehicle traffic
congestion which results from unscheduled openings of the drawbridge.
In addition, this interim rule changes the morning rush hour period so
that it starts at 7 a.m. and ends at 9 a.m., Monday to Friday, except
Federal holidays. Therefore, the first drawbridge opening for vessels
after the morning rush hour will occur at 9 a.m. and the last opening
before the evening rush hour will be at 4 p.m. The Dominion Boulevard
Bridge will open for vessels every hour on the hour between 9 a.m. and
4 p.m., Monday through Friday and from 7 a.m. to 6 p.m. on Saturdays,
Sundays and Federal holidays.
These changes will coincide with the operation of the Great Bridge
(S168) and the Great Bridge Locks (the Locks) and enable transient
craft to reduce delays in navigating the AICW, while also helping to
ease vehicular traffic congestion. These changes to the bridge
operating regulations are reasonable because the interim rule will
relieve vehicular traffic congestion and reduce traffic delays between
weekday rush hour periods, and on weekends and Federal holidays, while
still providing for the reasonable needs of navigation.
Discussion of Comments and Changes
The Coast Guard received 690 responses to the NPRM. The vast
majority of those comments (approximately 647) were supplied from an
internet Web site survey posted by the City of Chesapeake. The other
responses were supplied by 24 on-paper comments; 17 e-mails and 2
resolutions (1 from the Virginia State Legislators, and the other from
the City Council for the City of Chesapeake).
An examination of the comments revealed that most of the
respondents (about 60 percent), during the weekday, use their vehicles
on the bridge in the morning between 7 a.m. to 8 a.m. and over 60
percent of the motoring public crosses the Dominion Boulevard Bridge on
the weekends. Also, mariners in general suggested that if the Dominion
Boulevard Bridge must open only once each hour, that an on the hour
opening would be better.
Additionally, the City of Chesapeake (hereinafter the City) which
owns and operates the drawbridge submitted a City Council resolution
that offered changes to the proposed regulation. The City asserts that
since traffic volumes on the weekends on Dominion Boulevard average
around 24,000 vehicles per day compared with approximately 30,000
vehicles on weekdays, that the Coast Guard should consider restricting
drawbridge openings on weekends from 6 a.m. to 7 p.m. to every hour on
the hour with no rush hour restrictions and also maintain the existing
weekday morning rush hour period from 6:30 a.m. to 8:30 a.m.
The Coast Guard examined the operation of the Great Bridge (S168)
across the Albemarle and Chesapeake at AICW mile 12.0 and the Locks
located just south of the Dominion Boulevard Bridge. The Great Bridge
(S168) provides vessel openings on the hour between 6 a.m. to 7 p.m.,
seven days a week, year-round. The Locks, owned and operated by the
U.S. Army Corps of Engineers, opens for vessels on demand from 7 a.m.
to 6 p.m.
As a result of comments received, changes were made to the NPRM and
this interim rule will relieve vehicular traffic congestion and reduce
traffic delays between weekday rush hour periods, and on weekends and
Federal holidays, while still providing for the reasonable needs of
navigation.
The Coast Guard amends 33 CFR Sec. 117.997(g), by revising
paragraphs (g)(2) through (g)(4). Paragraph (g)(2) modifies the morning
closure period during rush hour to 7 a.m. to 9 a.m., Monday through
Friday, except Federal holidays. Paragraph (g)(3) would delete the
phrase ``From Memorial Day to Labor Day'' and modify the paragraph to
read ``From 9 a.m. to 4 p.m., Monday through Friday, and from 7 a.m. to
6 p.m. on Saturdays, Sundays and Federal holidays, the draw need only
be opened every hour on the hour. During these hours, the draw will
continue to open on signal for commercial vessels carrying liquefied
flammable gas or other hazardous materials, and for commercial cargo
vessels not carrying hazardous materials, including tugs and tugs with
tows, when notice has been given at least 2 hours in advance.''
Paragraph (g)(4) would replace the wording from ``on the half hour'' to
``on the hour''.
Regulatory Evaluation
This 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).
This conclusion is based on the fact that the changes will have
only a minimal impact on maritime traffic transiting the bridge.
Mariners can plan their transits 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 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 rule
would not have a significant economic impact on a substantial number of
small entities. This conclusion is based on the fact that the rule adds
only minimal restrictions to the movement of navigation, and mariners
who plan their transits in accordance with the scheduled bridge
openings minimize delays.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in
[[Page 48639]]
understanding this rule so that they could better evaluate its effects
on them and participate in the rulemaking process. No assistance was
requested from any small entity.
Collection of Information
This 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 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 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 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 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 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 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 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this 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 rule is categorically excluded, under
figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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.
0
2. Revise section 117.997, paragraphs (g)(2), (g)(3), and (g)(4), to
read as follows:
Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the
Elizabeth River to the Albemarle and Chesapeake Canal.
* * * * *
(g) * * *
(1) * * *
(2) From 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday through
Friday, need not open for the passage of recreational vessels, and need
open for commercial cargo vessels not carrying hazardous materials,
including tugs and tugs with tows, only when notice has been given at
least 2 hours in advance to the Dominion Boulevard Bridge at (757) 547-
0521.
(3) From 9 a.m. to 4 p.m., Monday through Friday, and from 7 a.m.
to 6 p.m. on Saturdays, Sundays, and Federal holidays, the draw need
only be opened every hour on the hour. During these hours, the draw
will continue to open on signal for commercial vessels carrying
liquefied flammable gas or other hazardous materials, and for
commercial cargo vessels not carrying hazardous materials, including
tugs and tugs with tows, when notice has been given at least 2 hours in
advance.
(4) If any vessel is approaching the bridge and cannot reach the
draw exactly on the hour, the drawtender may delay the opening up to
ten minutes past the hour for the passage of the approaching vessel and
any other vessels that are waiting to pass.
* * * * *
Dated: August 11, 2005.
L.L. Hereth,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 05-16494 Filed 8-18-05; 8:45 am]
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