# Drawbridge Operation Regulations; York River, Yorktown, VA > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-2999 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** February 9, 1994 ## Text DEPARTMENT OF TRANSPORTATION 33 CFR Part 117 [CGD05-93-054] Drawbridge Operation Regulations; York River, Yorktown, VA AGENCY: Coast Guard, DOT. ACTION: Final rule. ----------------------------------------------------------------------- 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] BILLING CODE 4910-14-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-2999. Public record. Not legal advice.