[Federal Register Volume 59, Number 27 (Wednesday, February 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2999]


[[Page Unknown]]

[Federal Register: February 9, 1994]


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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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