[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Rules and Regulations]
[Page 68335-68337]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no05-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-05-049]
RIN 1625-AA09
Drawbridge Operation Regulations; Elizabeth River, Eastern
Branch, VA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulations that govern the
operation of the Berkley Bridge across the Eastern Branch of the
Elizabeth River, mile 0.4, in Norfolk, Virginia. The final rule will
extend the morning and evening rush hour closure periods so that the
morning rush hour period starts at 5 a.m. and ends at 9 a.m., and the
evening rush hour starts at 3 p.m. and ends at 7 p.m., Monday through
Friday, except Federal holidays. The rule will also reduce the deep-
draft commercial vessel requirement to 18 feet and the advance notice
period to 6 hours. This change will relieve vehicular traffic
congestion during the weekday rush hours while still providing for the
reasonable needs of navigation.
DATES: This rule is effective December 12, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-05-049 and are available for inspection or
copying at Commander (obr), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The Fifth Coast Guard District maintains the public docket
for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Gary S. Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6629.
SUPPLEMENTARY INFORMATION:
Regulatory History
On June 8, 2005, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Elizabeth River,
Eastern Branch, VA'' in the Federal Register (70 FR 33405). We received
two comments on the proposed rule. No public meeting was requested, and
none was held.
Background and Purpose
On behalf of the City of Norfolk, the Virginia Department of
Transportation
[[Page 68336]]
(VDOT) who owns and operates this lift-type bridge, requested a change
to the existing regulations for the Berkley Bridge. The current
regulation, found at 33 CFR 117.1007, allows the Berkley Bridge, at
mile 0.4 in Norfolk, to remain closed one hour prior to the published
start of a scheduled marine event regulated under Sec. 100.501, and
remain closed until one hour following the completion of the event
unless the Patrol Commander designated under Sec. 100.501 allows the
bridge to open for commercial vessel traffic. It also mandates that the
bridge shall open on signal any time except from 5:30 a.m. to 9 a.m.
and from 3:30 p.m. to 6:30 p.m., Monday through Friday, except Federal
holidays; shall open at any time for commercial vessels with a draft of
22 feet or more, provided at least 12 hours advance notice has been
given to the Berkley Bridge Traffic Control Room at (804) 494-2424, and
open on signal at any time for a vessel in distress.
This final rule changes the regulations by extending the rush hour
closure periods, by reducing the advance notice requirement to 6 hours
for deep-draft vessels, and by ``cleaning up'' the remaining regulatory
text to remove redundancy. These changes will help to alleviate the
current traffic congestion. The Berkley Bridge is a principle arterial
route that serves as the major evacuation highway in the event of
emergencies or evacuations. Weekday vehicular traffic counts submitted
by VDOT revealed that in 2002 and 2003, the Berkley Bridge has
experienced a six percent (or 78,898 car) increase in traffic flow
during the morning and evening rush hours.
Also on September 18, 2003, the Hampton Roads area experienced
severe damage as a result of Hurricane Isabel. Due to a heavy storm
surge along the entire coastal area, the Portsmouth Midtown Tunnel was
flooded. While the tunnel was undergoing an evaluation and repairs, a
significant amount of vehicular traffic that used the tunnel on a daily
basis was shifted onto the Berkley Bridge. In its attempt to manage
this increase in road traffic and associated safety concerns, VDOT
requested an immediate expansion of the current authorized rush hour
closure periods of the Berkley Bridge. Until the repairs were
completed, the Coast Guard responded by issuing a temporary final rule
that extended the morning and evening closure periods and suspended the
provision allowing openings for deep-draft commercial vessels. The
temporary final rulemaking implemented for the Berkley Bridge to stay
open a little longer in the morning and evening was successful in
easing the commute for thousands of motorists.
Therefore, this final rule will help alleviate the growing
vehicular traffic congestion and to increase public safety, while still
balancing the needs of marine and vehicular traffic.
Discussion of Comments and Changes
The Coast Guard received one comment on the NPRM from the Hampton
Roads Maritime Association and one from the C&P Tug and Barge Company.
Both respondents opposed further restrictions to the Berkley Bridge
presented in the NPRM and requested changes. The changes offered by the
respondents would reduce the deep-draft commercial vessel requirement
from 22 feet to 18 feet and the advance notice period from 12 hours to
6 hours. These changes would give deep-draft commercial vessel
operators more flexibility to manage tide restrictions.
The Coast Guard considered these changes to be safer to navigation
and the final rule was changed to reflect these modifications.
Regulatory Evaluation
This final 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 final 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 this rule will 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 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.
For the reasons stated above, 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.
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 rule so that they can 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,
eliminates 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
[[Page 68337]]
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 does 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 M16475.1D,
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 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
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. In Sec. 117.1007, remove paragraphs (c)(3) and (c)(4) and revise
paragraphs (c)(1) and (c)(2) to read as follows:
Sec. 117.1007 Elizabeth River--Eastern Branch.
* * * * *
(c) * * *
(1) Shall open on signal at any time, except from 5 a.m. to 9 a.m.
and from 3 p.m. to 7 p.m., Monday through Friday, except Federal
holidays.
(2) From 5 a.m. to 9 a.m. and from 3 p.m. to 7 p.m., Monday through
Friday, except Federal holidays, shall open at any time for commercial
vessels with a draft of 18 feet or more, provided that at least 6 hours
advance notice has been given to the Berkley Bridge Traffic Control
room at (757) 494-2490.
Dated: November 2, 2005.
L.L. Hereth,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-22388 Filed 11-9-05; 8:45 am]
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