Drawbridge Operation Regulations; Pamunkey River, West Point, VA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-94-023]

RIN 2115-AE47

Drawbridge Operation Regulations; Pamunkey River, West Point, VA

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard is issuing a revised proposed rule for the

operation of the drawbridge, SR 33, across Pamunkey River, mile 1.0,

located in West Point, Virginia. The original Notice of Proposed

Rulemaking eliminated bridge openings to all vessels between the hours

of 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 p.m. Monday

through Friday, except Federal holidays. The revised supplemental

proposed rule restricts only commercial fishing and crabbing vessels

and recreational vessels from opening the bridge between the hours of 7

a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 p.m. The remaining

times those vessels are restricted to opening the bridge on the hour,

Monday through Friday, except Federal holidays. The proposed changes to

these regulations are, to the extent practical and feasible, intended

to provide for regularly scheduled drawbridge openings to help reduce

motor vehicle traffic delays and congestion on the roads and highways

linked by this drawbridge, while still providing for the reasonable

needs of navigation.

DATES: Comments must be received on or before July 19, 1994.

ADDRESSES: Comments may be mailed to Commander (ob), Fifth Coast Guard

District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or may

be delivered to room 109 at the same address between 8 a.m. and 4 p.m.,

Monday through Friday, except Federal holidays. The telephone number is

(804) 398-6222. Comments will become part of this docket and will be

available for inspection or copying at room 109, Fifth Coast Guard

District.

FOR FURTHER INFORMATION CONTACT:

Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, (804)

398-6222.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD05-94-023) and the specific section of

this proposal to which each comment applies, and give the reason for

each comment. The Coast Guard requests that all comments and

attachments be submitted in an unbound format suitable for copying and

electronic filing. If not practical, a second copy of any bound

material is requested. Persons wanting acknowledgment of receipt of

comments should enclose a stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Commander (ob) at the address under

ADDRESSES. The request should include reasons why a hearing would be

beneficial. If it determines that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and placed announced by a later notice in the

Federal Register.

Drafting Information

The principal persons involved in drafting this document are bill

H. Brazier, Project Officer, and LT Monica L. Lombardi, Project

Attorney, Fifth Coast Guard District.

Background and Purpose

The original proposal was published on November 26, 1993, in the

Federal Register (58 FR 62303). Public Notice 5-818 was distributed for

comment November 8, 1993. Both Notices announced that a proposal was

being considered to restrict openings of the Eltham Bridge to all

vessels during morning, noon, and evening rush hours, between the hours

of 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 p.m., Monday

through Friday, except Federal holidays. The bridge would continue to

open on signal at all other times.

As a result of the proposed rule and the public notice, comments

were received from the maritime community and the motoring public. The

motorists all were in favor of the proposed restrictions during peak

traffic hours to reduce traffic disruption, delays, congestion and

minor accidents. The commercial marine industry was opposed to

restricting the openings, based on economic impact concerns, safety and

tidal navigational requirements.

Following further investigation by the Coast Guard, it was

determined that the major cause of traffic congestion due to bridge

lifts for the Eltham Bridge was contributed to by commercial fisherman,

crabbers and recreational boaters requesting frequent bridge lifts

during rush hour traffic periods. These mariners, for the most part,

could pass through without a bridge lift, by lowering their antennae.

The remainder of the maritime industry, consisting of piloted vessels

and large tugs and barges, passing through this bridge is very

sporadic. The bridge tender's logs only reflected 4 or 5 bridge lifts

per month for these vessels.

The Virginia Department of Transportation, in an effort to improve

this situation, has requested these revised proposed regulations. It

agreed to changing the original request by excluding larger classes of

maritime vessels from the restrictions, and to placing new restrictions

on commercial fishing and crabbing vessels and recreational vessels

which create most of the problems.

Regulatory Evaluation

This proposal is not a significant regulatory action under section

3(f) of Executive Order 12866 and does not require an assessment of

potential cost and benefits under section 6(a)(3) of that order. It has

been exempted from review by the Office of Management and Budget under

the order. It is not significant under the regulatory policies and

procedures of the Department of Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard expects the economic impact of this

proposal to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary. This finding is based on the fact that most commercial

marine interest are exempt from the restrictions. The new small fishing

boats that will be affected will not be unduly restricted from using

the bridge since hourly openings will be provided and the majority of

these vessels can pass beneath the bridge by lowering their antennas.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal, if adopted, will have

a significant economic impact on a substantial number of small

entities. ``Small entities'' include independently owned and operated

small businesses that are not dominant in their field and that

otherwise qualify as ``small business concerns'' under section 3 of the

Small Business Act (15 U.S.C. 632). Even though commercial crabbers and

small fishing vessel operators would be restricted under the proposed

regulations, the Coast Guard believes the proposed opening schedule for

these operators is not unduly restrictive. These vessel operators can

still crab and fish, but they will have to time their requests for

openings of the bridge to coincide with the proposed new schedule. This

should not cause any economic hardship. Because it expects the impact

of this proposal to be minimal, the Coast Guard certifies under 5

U.S.C. 605(b) that this proposal, if adopted, will not have a

significant economic impact on a substantial number of small entities.

Collection of Information

This proposal contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposal under the principles and

criteria contained in Executive Order 12612, and has determined that

this proposal does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that under section 2.B.2.g.(5) of Commandant

Instruction M16475.1B, this rule is categorically excluded from further

environmental documentation. A Categorical Exclusion Determination

statement has been prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

In consideration of the foregoing, the Coast Guard proposes to

amend part 117 of Title 33, Code of Federal Regulations 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; 49 CFR 1.46; 33 CFR 1.05.1(g).

2. Section 117.1023 is added to read as follows:

Sec. 117.1023 Pamunkey River.

(a) The draw of the Eltham Bridge (SR33/30), mile 1.0, located in

West Point, Virginia, shall 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.

(b) Public vessels of the United States and vessels in an emergency

involving danger to life or property shall be passed at any time.

Dated: May 2, 1994.

W.T. LeLand,

Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.

[FR Doc. 94-12406 Filed 5-19-94; 8:45 am]

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