Drawbridge Operation Regulations; York River, Yorktown, VA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-95-023]

RIN 2115-AE47

Drawbridge Operation Regulations; York River, Yorktown, VA

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: At the request of the Virginia Department of Transportation,

the Coast Guard is changing the regulations that govern the operation

of the drawbridge across York River, mile 7.0, at Yorktown, Virginia,

by extending the periods of restricted bridge openings during the

morning and evening rush hours. This is intended to provide relief to

highway traffic during the extended rush hours on the roads and

highways linked by this drawbridge, while still providing for the

reasonable needs of navigation.

EFFECTIVE DATES: This rule is effective on June 14, 1995. Comments must

be received on or before September 12, 1995.

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 at Room 109, Fifth Coast Guard District.

FOR FURTHER INFORMATION CONTACT:

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

(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 (CGD5-95-023) and the specific section of this

rule 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 rule 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 place announced by a later notice in the

Federal Register.

Drafting Information. The principal persons involved in drafting

this document are Linda L. Gilliam, Project Manager, Bridge Section,

and LCDR C. A. Abel, Project Counsel, Fifth Coast Guard District

Legal Office.

Regulatory Information

This rule is being published as an interim rule and is being made

effective on the date of publication. Under 5 U.S.C. 553(b), this rule

is being promulgated without an NPRM because the need to relieve

highway traffic congestion due to current circumstances is immediate,

and vessel traffic will not be unduly burdened. Further, this rule

should be made effective in less than 30 days after publication under 5

U.S.C. 553(d) because to delay the effective date would further

exacerbate already serious highway traffic problems, and the Coast

Guard believes it is in the overall public interest to do so. For these

reasons, the Coast Guard for good cause finds, under 5 U.S.C. 553

(b)(B) and (d)(3), that notice, and public procedure on the notice,

before the effective date of this rule are unnecessary and that this

rule should be made effective in less than 30 days after publication.

[[Page 31247]]

Background and Purpose

The Virginia Department of Transportation has requested that

openings of the George P. Coleman Memorial Bridge across York River,

mile 7.0 at Yorktown, Virginia, be further limited by extending the

morning and evening rush hour closure periods to all vessel traffic,

while continuing to open on signal at all other times.

Currently, the Coleman Bridge is closed to vessel traffic from 6

a.m. to 8 a.m. and 3 p.m. to 6 p.m. Monday through Friday, except

Federal holidays, year round. The draw opens on signal at all other

times. This rule will extend the morning and evening rush hour

restrictions by requiring the bridge to remain closed from 5 a.m. to 8

a.m. and from 3 p.m. to 7 p.m., Monday through Friday, except Federal

holidays, year round. Vessels in distress, or in an emergency situation

will be allowed passage through the bridge at any time.

The Virginia Department of Transportation's request is based on

traffic problems associated with current construction of a new bridge

at this location, as well as on an increase in highway traffic crossing

the bridge since the Park Service recently closed access to Route 17 at

the Colonial Parkway. Finally, Newport News Shipbuilding and Drydock

has changed its hours of operation, resulting in motorists crossing the

bridge earlier in the morning and later in the evening. The Virginia

Pilots Association was informed of the Coast Guard's decision to

further restrict openings of the Coleman Bridge. They stated that

although they do not support bridge closures in general, they

understand the need to extend the hours of restriction for this bridge.

The U.S. Navy was contacted and supports the extended periods of

restrictions during rush hours.

The Coast Guard believes these restrictions will not unduly

restrict vessel passage through the bridge, as vessel operators can

plan transits around the interim schedule. The interim rule will remain

in effect until three months after completion of construction and

renovation of the Coleman bridge. Leaving this rule in effect three

months after the work is completed will allow for an evaluation period

to gather highway traffic data with the four-lane structure in service.

This evaluation period will give VDOT and the Coast Guard information

needed to determine if the extended hours of restriction should be made

a permanent part of the regulations. The Coast Guard believes it is in

the public interest to further limit openings of the Coleman Bridge and

that vessel traffic will not be unduly burdened.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f)

of Executive Order 12866 and does not require an assessment of

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

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

under that 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

rule to be so minimal that a full Regulatory Evaluation under paragraph

10e of the regulatory policies and procedures of DOT is unnecessary.

Small Entities

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

U.S. Coast Guard must consider the economic impact on small entities of

a rule for which a general notice of proposed rulemaking is required.

``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). This rule does not require a general

notice of proposed rulemaking and, therefore, is exempt from the

regulatory flexibility requirements. Although exempt, the Coast Guard

has reviewed this rule for potential impact on small entities. Because

it expects the impact of this rule to be minimal, 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.

If, however, you think that your business qualifies as a small entity

and that this rule will have a significant economic impact on your

business, please submit a comment (see ADDRESSES) explaining why you

think your business qualifies and in what way and to what degree this

rule will affect your business economically.

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 principals and

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

that the proposed rulemaking does 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.e.(32)(e) of Commandant

Instruction M16475.1B, (as amended, 59 FR 38654, 29 July 1994), this

rule is categorically excluded from further environmental

documentation. A Categorical Exclusion Determination statement and

checklist 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 is amending 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); Section

117.255 also issued under the authority of Pub. L. 102-587, 106

Stat. 5039.

2. Section 117.1025(a) is revised 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 5 a.m. to 8 a.m. and 3 p.m. to 7 p.m., Monday

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

to navigation.

(b) * * *

Dated: May 22, 1995.

W.J. Ecker,

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

[FR Doc. 95-14555 Filed 6-13-95; 8:45 am]

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