[Federal Register: April 18, 2005 (Volume 70, Number 73)]
[Rules and Regulations]
[Page 20051-20053]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap05-7]
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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: Final rule.
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SUMMARY: The Coast Guard is changing the operating regulations that
govern the operation of the SR 175 Bridge, at mile 3.5, at
Chincoteague, Virginia. The final rule will require the draw to open on
demand from midnight to 6 a.m., and on the hour from 6 a.m. to
midnight, except from 7 a.m. to 5 p.m. on the last consecutive
Wednesday and Thursday in July of every year, the draw need not be
opened. This change will reduce vehicular traffic congestion,
increasing public safety and will extend the structural and operational
integrity of the movable span, while still balancing the needs of
marine and vehicular traffic.
DATES: This rule is effective May 18, 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:
Regulatory History
On December 30, 2004 we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulation; Chincoteague
Channel, Chincoteague, VA'' in the Federal Register (69 FR 78373). We
received six letters commenting on the proposed rule. No public hearing
was requested.
Background and Purpose
The Virginia Department of Transportation (VDOT) owns and operates
this swing-type bridge. The current regulation allows the SR 175
Bridge, mile 3.5, at Chincoteague to open on signal except the draw
shall 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 residents, and business
owners in the area, VDOT has requested a change to the existing
regulations for the SR 175 Bridge. This final rule is an effort to
schedule the number of drawbridge openings thereby reducing traffic
congestion for public safety. By scheduling the number of openings this
change will also extend the structural and operational integrity of the
movable
[[Page 20052]]
span, while balancing the needs of mariners and vehicular traffic
transiting in and around this seaside resort area. SR 175 highway is
also the principle arterial route that serves as the major evacuation
highway in the event of emergencies or tidal flooding.
The final rule will provide for a safer and more efficient
operation of the SR 175 Bridge.
Discussion of Comments and Changes
The Coast Guard received six comments on the NPRM. Five comments
were from Chincoteague Island residents and the other comment was from
Coast Guard (CG) Group Eastern Shore; all comments favored an hourly
opening schedule year round. CG Group Eastern Shore expressed
additional concerns for safe vessel passage after midnight. From
midnight to 6 a.m., the NPRM proposed that the draw of the bridge need
not be opened. CG Group Eastern Shore suggested the bridge open on
demand from midnight to 6 a.m., except from 7 a.m. to 5 p.m. on the
last consecutive Wednesday and Thursday in July, the draw need not be
opened.
The Coast Guard considered these changes necessary for safe
navigation and the final rule was changed to reflect this suggestion.
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).
We expect the economic impact of this 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 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 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.
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 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 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,
[[Page 20053]]
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. Sec. 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 demand from midnight to 6 a.m., and 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, the draw need not be
opened.
Dated: April 7, 2005.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-7618 Filed 4-15-05; 8:45 am]
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