[Federal Register Volume 59, Number 172 (Wednesday, September 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21910]


[[Page Unknown]]

[Federal Register: September 7, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-94-072]
RIN 2115-AE47

 

Drawbridge Operations Regulations; Pamunkey River, West Point, 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 Eltham drawbridge, SR 33, across Pamunkey River, mile 
1.0, located in West Point, Virginia, by restricting commercial fishing 
and crabbing vessels and recreational vessels from opening the bridge 
between the hours of 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 
6 p.m. The remaining times those vessels are restricted to opening the 
bridge on the hour, Monday through Friday, except Federal holidays.
    This is intended to provide for regulatory 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 October 7, 1994.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, (804) 
398-6222.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Bill 
H. Brazier, Project Officer, and LT Monica L. Lombardi, Project 
Attorney, Fifth Coast Guard District.

Regulatory History

    On May 20, 1994, the Coast Guard published a Supplemental Notice of 
Proposed Rulemaking entitled Pamunkey River, West Point, Virginia, in 
Federal Register (59 FR 25474). The comment period ended July 19, 1994. 
The Coast Guard received three letters commenting on the proposal. 
Prior to publishing the Supplemental Notice of Proposed Rule, the Coast 
Guard also published Public Notice 5-818 and the original Notice of 
Proposed Rulemaking entitled Pamunkey River, West Point, Virginia, in 
Federal Register (58 FR 62303). The comment period ended January 10, 
1994. The Coast Guard received 66 letters commenting on the proposal.

Background and Purpose

    The original Notice of Proposed Rule announced that a proposal was 
being considered to restrict openings of the Eltham Bridge to all 
vessels during morning, noon, and evening rush hours, between the hours 
of 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 p.m., Monday 
through Friday; except Federal holidays.
    As a result of the proposed rule and the public notice, comments 
were received from the maritime community and the motoring public. The 
motorists all were in favor of the proposed restrictions during peak 
traffic hours to reduce traffic disruption, delays, congestion and 
minor accidents. The commercial marine industry was opposed to 
restricting the openings, based on economic impact concerns, safety and 
tidal navigational requirements.
    Following further investigation by the Coast Guard, it was 
determined that the major cause of traffic congestion due to bridge 
lifts for the Eltham Bridge was contributed by commercial fisherman, 
crabbers and recreational boaters requesting frequent bridge lifts 
during rush hour traffic periods. These mariners, for the most part, 
could pass through without a bridge lift, by lowering their antennae. 
The remainder of the maritime industry, consisting of piloted vessels 
and large tugs and barges, passing through this bridge is very 
sporadic. The bridge tender's logs only reflected 4 or 5 bridge lifts 
per month for these vessels.
    The Virginia Department of Transportation, in an effort to improve 
this situation, has requested these revised regulations. It agreed to 
changing the original request by excluding larger classes of maritime 
vessels from the restrictions, and to placing new restrictions on 
commercial fishing and crabbing vessels and recreational vessels which 
create most of the problem.

Discussion of Comments and Change

    The three comments received as a result of the Supplemental Notice 
of Proposed Rule issued by the District Commander are all in favor of 
the new restrictions for the Eltham 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. et seq.), that this final rule will not have a significant 
economic impact on a substantial number of small entities.
    Even though commercial crabbers and small fishing vessel operators 
would be restricted under the proposed regulations, the Coast Guard 
believes the proposed opening schedule for these operators is not 
unduly restrictive. These vessel operators can still crab and fish, but 
they will have to time their requests for openings of the bridge to 
coincide with the proposed new schedule. This should not cause any 
economic hardship. 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, if adopted, 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 does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal 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 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 117.1023 is added to read as follows:


Sec. 117.1023  Pamunkey River.

    (a) The draw of the Eltham Bridge (SR33/30), mile 1.0, located in 
West Point, Virginia, shall open on signal; except that, the bridge 
need not open for commercial crabbing and fishing vessels and 
recreational vessels on Mondays through Fridays, except Federal 
Holidays, from 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 
p.m., at all other times, the bridge will open for these vessels only 
on the hour, Monday through Friday, except Federal holidays.
    (b) Public vessels of the United States and vessels in an emergency 
involving danger to life or property shall be passed at any time.

    Dated: August 12, 1994.
J.E. Schwartz,
Acting Commander, Fifth Coast Guard District.
[FR Doc. 94-21910 Filed 9-6-94; 8:45 am]
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