[Federal Register: June 24, 2009 (Volume 74, Number 120)]
[Rules and Regulations]
[Page 29945-29947]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn09-9]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2008-1175]
RIN 1625-AA09
Drawbridge Operation Regulation; Pamunkey River, West Point, VA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the drawbridge operation
regulations of the Eltham Bridge (SR33/30), at mile 1.0, across
Pamunkey River at West Point, Virginia. This final rule will allow the
bridge to open on signal if at least four hours notice is given at all
times while still providing for the reasonable needs of navigation, due
to the anticipated infrequency of requests for vessel openings of the
drawbridge.
DATES: This rule is effective July 24, 2009.
ADDRESSES: Comments and materials received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-1175 and are available online by going to
www.regulations.gov, selecting the Advanced Docket Search option on the
right side of the screen, inserting USCG-2009-1175 in the Docket ID
box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Sandra S. Elliott, Bridge Management Specialist, Fifth
Coast Guard District, at (757) 398-6557, e-mail
Sandra.S.Elliott@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operation, telephone 202-
366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 12, 2009, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulations; Pamunkey River,
West Point, VA'' in the Federal Register (74 FR 10692). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
Background and Purpose
The Virginia Department of Transportation (VDOT) is responsible for
the operation of the Eltham Bridge (SR33/30), at mile 1.0, across
Pamunkey River at West Point, VA. VDOT requested that the Coast Guard
consider a four hour advance notification for vessel openings due to
the infrequency of requests for vessel openings of the drawbridge.
The new Eltham bascule bridge has recently been completed and is
located immediately adjacent and downstream from the former structure.
The former bridge provided 10 feet of vertical clearance over the
navigable channel. The new bridge provides an additional 45 feet of
vertical clearance over the navigable channel. The increase in vertical
clearance has eliminated the need to open on demand for all existing
commercial traffic and it is anticipated that there will be very few
requests other than for scheduled monthly maintenance openings.
The existing operating regulation is set out in 33 CFR Sec.
117.1023, which requires the draw to open on signal, except that the
bridge need not open for commercial crabbing and fishing vessels and
recreational vessels on Mondays through Fridays, except Federal
Holidays, from 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6
p.m., at all other times, the bridge will open for these vessels only
on the hour, Monday through Friday, except Federal holidays; and Public
vessels of the United States must pass at any time.
Bridge opening data, supplied by VDOT, revealed a significant
decrease in yearly openings. In the past three years from 2005 to 2007,
the bridge opened for vessels 593, 415 and 187 times, respectively. Due
to the anticipated infrequency of requests for vessel openings of the
drawbridge, VDOT requested to change the current operating regulation
by requiring the draw of the bridge to open on signal if at least four
hours notice is given year-round.
Discussion of Comments and Changes
The Coast Guard did not receive any comments on the NPRM.
Therefore, no changes were made to the final rule.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
[[Page 29946]]
Regulatory Planning and Review
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This conclusion is 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 proposed 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 will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which might
be small entities: The owners and operators of vessels needing to
transit the bridge who can not clear the bridge at its closed position.
This rule will not have a significant economic impact on a substantial
number of small entities because the rule only adds minimal
restrictions to the movement of vessels, and mariners who plan their
transits in accordance with the proposed scheduled bridge openings can
minimize delay.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
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 will not effect 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 does not create an
environmental risk to health or risk to safety that may
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 Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(32)(e), of the Instruction.
Under figure 2-1, paragraph 32(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR Part 117 as follows:
[[Page 29947]]
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.1023 to read as follows:
Sec. 117.1023 Pamunkey River
The draw of the Eltham Bridge (SR33/30) mile 1.0, located in West
Point, Virginia shall open on signal if at least four hours notice is
given at all times.
Dated: June 10, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U. S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E9-14772 Filed 6-23-09; 8:45 am]
BILLING CODE 4910-15-P