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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-95-029]

RIN 2115-AE47

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,

Elizabeth River, Southern Branch, Chesapeake, VA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

changing the regulations that govern the operation of the Dominion

Boulevard 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. It is also eliminating language

referring to an evening rush hour opening for waiting recreational

boats. This 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.

EFFECTIVE DATE: This rule is effective on February 22, 1996.

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

L. Gilliam, Project Manager, Bridge Section, and CDR T.R. Cahill,

Project Counsel, Fifth Coast Guard District Legal Office.

Regulatory History

On July 20, 1995, the Coast Guard published a Notice of Proposed

Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations;

Elizabeth River, Southern Branch, Chesapeake, Virginia'' in the Federal

Register (60 FR 37417). In addition to publishing the NPRM, the Coast

Guard also announced the proposed changes in Public Notice 5-860. The

comment period ended October 18, 1995. Two comments were received. A

public hearing was not requested and one was not held.

Background and Purpose

The Dominion Boulevard Bridge, also known as the Steel Bridge,

crosses the Atlantic Intracoastal Waterway, Southern Branch of the

Elizabeth River, mile 8.8. The proposed changes were requested by the

City of Chesapeake, Virginia, in order to alleviate delays to vehicle

traffic caused by opening the draw for passage of recreational vessels.

Discussion of Comments and Changes

The NPRM proposed changes to 33 CFR 117.997, regulations governing

operation of a drawbridge across the Southern Branch of the Elizabeth

River on Dominion Boulevard (Route 190), in Chesapeake, Virginia. The

proposed changes included extending the morning rush hour period of

restricted openings from 8 a.m. to 9 a.m. and eliminating language

referring to a 5 p.m. opening for waiting recreational vessels.

Two comments were received on the proposed changes, one from a

commercial waterway user and one from a recreational boater. Both

comments objected to the proposed changes. A commercial waterway user

requested that the hours of restriction apply only to openings for

recreational vessels, and not to openings for commercial vessels. The

NPRM did not propose changes to bridge openings for commercial vessels,

and this final rule does not change the previous requirement. The draw

will continue to open on signal for commercial vessels.

A recreational boater asked that the Coast Guard schedule openings

for recreational vessels during the hours of restricted openings. The

Coast Guard does not agree. As a result of urban development, Dominion

Boulevard has become a heavily-travelled commuter thoroughfare. Bridge

openings during rush hours severely disrupt vehicular traffic. The

purpose of the proposed changes is to establish a schedule that

balances the reasonable needs of waterway users and the reasonable

needs of vehicular traffic. The Coast Guard believes that the proposed

changes will improve the flow of motor traffic and diminish vehicular

delay while not unduly restricting the passage of recreational vessels.

A boat would have to wait no more than two hours for the next opening,

and a recreational vessel owner may plan the vessel's transit based on

the hours of unrestricted openings.

This final rule adopts the changes proposed in the NPRM. It extends

the end morning rush hour period of restricted openings from 8 a.m. to

9 a.m. The morning rush hour period of restricted openings will now run

from 7 a.m. to 9 a.m. The evening rush hour period will continue to run

from 4 p.m. to 6 p.m., and a provision specifically referring to a 5

p.m. opening for waiting recreational vessels is eliminated. The draw

will continue to open on signal for passage of commercial vessels. It

will also continue to open at any time for passage of vessels in

emergencies involving danger to life or property.

This final rule also includes an editorial change to make 33 CFR

117.997 consistent with Coast Guard bridge administration policies.

Coast Guard policy is to specify, by regulation, the periods of time

and conditions for which a bridge must open for passage of vessels. By

implication, the bridge may remain closed except as specified. However,

the Coast Guard does not require that a bridge remain closed, and a

bridge owner or operator may open the bridge even though not required

to do so. Therefore, in 33 CFR 117.997(e)(1), this final rule adopts

language to indicate that the bridge ``need not'' open for passage of

recreational vessels during the specified periods, rather than indicate

that it may not open during those periods.

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

Coast Guard must consider whether this final rule 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

[[Page 1715]]

as ``small business concerns'' under section 3 of the Small Business

Act (15 U.S.C. 632). 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.

Collection of Information

This rule 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 rule under 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.e.(32)(e) of Commandant

Instruction M16475.1B (as amended, 59 FR 38654, July 29, 1994), 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 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. In Sec. 117.997, paragraph (e) is revised to read as follows:

Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the

Elizabeth River to the Albermarle and Chesapeake Canal.

* * * * *

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

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 need not open for the

passage of recreational vessels.

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

shall be passed at any time.

* * * * *

Dated: December 26, 1995.

W.J. Ecker,

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

[FR Doc. 96-723 Filed 1-22-96; 8:45 am]

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