Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, Elizabeth River, Southern Branch, Chesapeake, VA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-95-29]

RIN 2115-AE47

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,

Elizabeth River, Southern Branch, Chesapeake, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the City of Chesapeake, the Coast Guard is

proposing to change the regulations that govern the operation of the

drawbridge across the Southern Branch of the Elizabeth River, Atlantic

Intracoastal Waterway, mile 8.8, at Chesapeake, Virginia, by extending

the period of restricted bridge openings for recreational vessels

during the morning rush hours and eliminating the 5 p.m. opening for

waiting recreational boats during the evening rush hour. This proposed

rule is 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 October 18, 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.

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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 (CGD05-95-29) 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 acknowledgement 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 CDR C. A. Abel,

Project Counsel, Fifth Coast Guard District Legal Office.

Background and Purpose

The City of Chesapeake has requested that openings of the Dominion

Boulevard Bridge, also known as the Steel Bridge, located at mile 8.8

of the Atlantic Intracoastal Waterway, Southern Branch of the Elizabeth

River, at Chesapeake, Virginia, be further limited by extending the

morning rush hour closure period to recreational vessel traffic, and by

eliminating the 5 p.m. opening for recreational vessels during the

evening rush hour period, while continuing to open on signal at all

other times.

Currently, the Dominion Boulevard Bridge is closed to recreational

vessel traffic from 7 a.m to 8 a.m and 4 p.m. to 6 p.m., with a 5 p.m.

opening for recreational vessels waiting to pass, Monday through

Friday, except Federal holidays. The draw opens on signal at all other

times. This proposed rule would extend the morning rush hour closure

period for recreational vessels by requiring the bridge to remain

closed from 7 a.m. to 9 a.m. From 4 p.m. to 6 p.m., the 5 p.m. opening

for waiting recreational vessels would be eliminated. Vessels in

distress or in an emergency situation will continue to be allowed

passage through the bridge at any time.

This request is based on an analysis the City of Chesapeake

conducted on highway traffic data for 1990, 1992, and 1994, and a

review of the drawlogs from January 1994 to April 1995 for the Dominion

Boulevard Bridge. The drawlogs revealed that bridge openings between 8

a.m. and 9 a.m. and at 5 p.m. caused by recreational vessels were

frequent enough to cause highway traffic to back up on each side of the

bridge resulting in congestion and delays. The highway traffic data

revealed that more vehicles are crossing the bridge between 8 a.m. to 9

a.m. By extending the morning rush hour closure period by one

additional hour and eliminating the 5 p.m. opening during the evening

rush hours, traffic conditions that currently exist at this bridge will

be relieved as well as public safety and welfare concerns associated

with frequent bridge openings caused by recreational boats.

The Coast Guard believes these regulations should not unduly

restrict recreational vessel passage through the bridge, since they can

plan their vessel transits around the hours of restriction. This

proposed change to the regulations is intended to establish a schedule

that will meet the reasonable needs of waterway users and, at the same

time, diminish delays to an improve the flow of motor vehicles crossing

the bridge.

Regulatory Evaluation

The proposed action 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 proposal 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 (U.S.C. 601 et seq.), the

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

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). 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 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 principals and

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

that this proposal will not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environment impact of this proposal

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

proposal 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.

Proposed Regulations

In consideration of the foregoing, the Coast Guard proposes to

amend 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. In section 117.997 paragraph (d) is revised to read as follows:

Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the

Elizabeth River to the Albemarle and Chesapeake Canal.

* * * * *

(d) The draw of the Dominion Boulevard Bridge, mile 8.8, in

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Chesapeake shall open on signal, except:

(1) From 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday through

Friday, except Federal holidays, the drawbridge may not open the

passage of recreational vessels.

(2) Vessels in an emergency involving danger to life or property

shall be passed at any time.

* * * * *

Dated: June 14, 1995.

W.J. Ecker,

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

[FR Doc. 95-17874 Filed 7-19-95; 8:45 am]

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