Drawbridge Operation Regulations; York River, Yorktown, VA

DEPARTMENT OF TRANSPORTATION

33 CFR Part 117

[CGD05-93-054]

Drawbridge Operation Regulations; York River, Yorktown, VA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the

operation of the George P. Coleman Memorial drawbridge across the York

River, mile 7.0, at Yorktown, Virginia, by restricting bridge openings

during the morning and evening rush hours to all vessel traffic. This

is intended to provide for the regularly scheduled drawbridge openings

to help reduce motor vehicle traffic delays and congestion on the roads

and highways linked by this drawbridge.

EFFECTIVE DATE: This rule is effective on March 11, 1994.

FOR FURTHER INFORMATION CONTACT:

Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at

(804) 398-6222.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in drafting this document are Linda

G. Gilliam, Project Manager, Bridge Section, and LT Monica L. Lombardi,

Project Counsel, Legal Office.

Regulatory History

On August 19, 1993, the Coast Guard published a notice of proposed

rulemaking entitled York River, Yorktown, Virginia, in the Federal

Register (58 FR 44155). The comment period ended October 4, 1993. The

Coast Guard received eight letters commenting on the proposal. The

Commander, Fifth Coast Guard District, also published the proposed rule

as a public notice on August 27, 1993, with the comment period ending

October 4, 1993. A public hearing was not requested and one was not

held.

Background and Purpose

The Virginia Department of Transportation requested that peak

morning and evening vehicular traffic period openings of the George P.

Coleman Memorial drawbridge across the York River, mile 7.0, at

Yorktown, Virginia, be restricted to help reduce rush hour highway

traffic congestion, but remain open on signal during the rest of the

time.

Currently, the Coleman Bridge opens for vessel traffic on demand.

This rule will restrict the passage of vessels during rush hours by

eliminating bridge openings between the hours of 6 a.m. to 8 a.m. and 3

p.m. to 6 p.m., Monday through Friday, except Federal holidays, year

round. Vessels in an emergency shall pass at any time. The draw shall

open on signal at all other times.

In developing this final rule, the Coast Guard considered all views

and believes this final rule will not unduly restrict commercial/

military vessels passage through the bridge since they can plan their

vessel transits around the restricted hours of operation.

Discussion of Comments and Changes

The eight comments received as a result of the public notice issued

by the District Commander are all in favor of the new restrictions for

the Coleman Bridge. No new or additional changes are being made to the

regulatory language of this final rule.

Regulatory Evaluation

This action is not considered a significant regulatory action under

Executive Order 12866 and is not significant under the Department of

Transportation Regulatory Policies and Procedures (44 FR 11040;

February 26, 1979). The economic impact has been found to be so minimal

that a full regulatory evaluation is unnecessary. This opinion is based

on the fact that the regulations will not unduly cause a hardship on

commercial/military vessels who will be able to plan their vessel

transits around the hours of restriction.

Small Entities

No comments were received concerning small entities or on the

economic impact this rule would have on small entities. Since the

impact on these regulations is expected to be minimal, the Coast Guard

certifies under 5 U.S.C. 605(b) of the Regulatory Flexibility Act (5

U.S.C. 602 et seq.), that this final rule will not have a significant

economic impact on a substantial number of small entities.

Collection of Information

This rule contains no collection of information requirements under

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

Federalism

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that this rule will not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

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 amends part 117

of title 33, Code of Federal Regulations to read 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 117.1025 is added to read as follows:

Sec. 117.1025 York River.

(a) The Coleman Memorial Bridge, mile 7.0, at Yorktown, shall open

on signal; except from 6 a.m. to 8 a.m. and 3 p.m. to 6 p.m., Monday

through Friday, except Federal holidays, the bridge shall remain closed

to navigation.

(b) The bridge shall be opened at any-time for vessels in an

emergency which presents danger to life or property.

Dated: January 14, 1994.

W.T. Leland,

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

[FR Doc. 94-2999 Filed 2-8-94; 8:45 am]

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