[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32226]


[[Page Unknown]]

[Federal Register: December 30, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD05-94-103]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Chesapeake, VA

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: At the request of the City of Chesapeake, Virginia the Coast 
Guard is changing the regulations that govern the operation of the 
drawbridge across the Southern Branch of the Elizabeth River, Atlantic 
Intracoastal Waterway, mile 5.8, at Chesapeake, Virginia, by limiting 
bridge openings during the morning and evening rush hours. This rule 
will allow commercial cargo vessels, tugs, and tugs with tows passage 
through the bridge during morning and evening rush hours, provided a 2-
hour advance notice is given to the Gilmerton Bridge. This rule also 
includes a provision that allows public vessels of the United States, 
vessels in distress, commercial vessels carrying liquefied flammable 
gas or other harmful substances, and commercial or public vessels 
assisting in an emergency situation passage through the bridge at any 
time. All other commercial and recreational vessel traffic will be 
denied draw openings during the morning and evening rush hours. The 
changes to these regulations are, to the extent practical and feasible, 
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 providing for the reasonable 
needs of navigation.

DATES: This interim rule is effective December 30, 1994.
    Comments must be received on or before March 30, 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 (CGD05-94-103) 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.

Background and Purpose

    The City of Chesapeake, Virginia has requested that openings of the 
Gilmerton Highway drawbridge across the Southern Branch of the 
Elizabeth River, Atlantic Intracoastal Waterway, mile 5.8, at 
Chesapeake, Virginia, be limited during the morning and evening rush 
hours. This would help reduce highway traffic congestion problems and 
address public safety and welfare concerns associated with frequent 
bridge openings caused by recreational and commercial boat traffic. The 
City of Chesapeake's request is based on the increase in highway 
traffic crossing the Gilmerton Bridge occurring as a result of the 
emergency closing to highway traffic of the Jordan Bridge located 
downriver at mile 2.8. When the Jordan Bridge experienced a sudden 
mechanical malfunction on May 10, 1994, this vertical lift bridge was 
raised to the fully opened to river traffic position in order not to 
block use of the waterway by the heavy commercial and recreational 
traffic routinely transitting the Intracoastal Waterway. As a result of 
locking the bridge in the open position until further notice, the 
highway traffic that had been using the Jordan Bridge was diverted to 
the Gilmerton Bridge. The increase in highway congestion and lengthy 
delays across the bridge caused by the Jordan Bridge's closure, coupled 
with random, non-scheduled drawbridge openings for the many commercial 
and recreational vessels using the Intracoastal Waterway in this area 
warrants the need to change the operating schedule for this bridge.
    Currently, the drawbridge opens on demand, 24-hours a day, seven-
days a week. This rule will limit bridge openings between the hours of 
6:30 a.m. to 8 a.m. and from 3:30 p.m. to 5 p.m., Monday through 
Friday, except Federal holidays. Commercial cargo vessels, tugs, and 
tugs with tows will be allowed passage through the bridge during the 
morning and evening rush hours, provided a 2-hour advance notice is 
given to the Gilmerton Bridge.
    Public vessels of the United States, vessels in distress, 
commercial vessels carrying liquefied flammable gas or other harmful 
substances, and commercial or public vessels assisting in an emergency 
situation will be allowed passage through the bridge at any time. 
Recreational vessels and all other commercial vessels will not be 
allowed passage through the bridge during the morning and evening rush 
hours.
    The decision to allow liquefied flammable gas carriers access 
through the bridge at any time with no restrictions was made based on 
the hazards involved in shipping liquefied flammable gas and to 
maintain safety along the Southern Branch of the Elizabeth River. It 
has been determined by the Coast Guard that since tugs and tugs with 
tows have no place to tie up in the proximity of the bridge to wait for 
a bridge opening, it was necessary to include them in the 2-hour 
advance notice requirement provision. Commercial cargo vessels, 
requiring high tide to transit this river also are included in the 2-
hour advance notice requirement provision.
    The Gilmerton Bridge is a vital link between the cities of 
Portsmouth and Chesapeake used widely by motorists that work at the 
Norfolk Naval Shipyard, other Federal agencies located within the 
Shipyard, as well as within Portsmouth, and other industries and 
businesses in Portsmouth and Chesapeake, Virginia. It appears the need 
to limit bridge openings during peak rush hours far outweighs any need 
to maintain the Gilmerton Bridge at its present ``open on demand'' 
schedule. On November 2, 1994, the Coast Guard met with the Hampton 
Roads Maritime Association to discuss changing the regulations on the 
Gilmerton Bridge and the reasons why restricting this bridge during the 
morning and evening rush hours was necessary. The Hampton Roads 
Maritime Association considered the current condition of the Jordan 
Bridge and they supported the plan to regulate the Gilmerton Bridge to 
accommodate the additional vehicle traffic being diverted from the 
Jordan Bridge.
    The Coast Guard believes these restrictions will not unduly 
restrict vessel passage through the bridge, as vessel operators and the 
marine industry have agreed to and can plan transits around the interim 
schedule. Due to the unexpected closure of the Jordan Bridge to highway 
traffic, the Coast Guard believes it is in the public interest to 
regulate the Gilmerton Bridge; therefore, good cause exists for 
publishing this rule without prior notice and opportunity for comment, 
and making it effective in less than the 30 days after publication 
normally required. This rule should be effective immediately because it 
is in the overall public interest to do so, and the Coast Guard is not 
aware of any reasons not to.

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 whether 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, 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).

    2. In Section 117.997, paragraphs (c), (d), (e), and (f) are 
redesignated as (d), (e), (f), and (g) and a new paragraph (c) is added 
to read as follows:


Sec. 117.997  Atlantic Intracoastal Waterway, South Branch of the 
Elizabeth River to the Albemarle and Chesapeake Canal.

* * * * *
    (c) The draw of the Gilmerton (US13/460) bridge, mile 5.8, in 
Chesapeake:
    (1) Shall open on signal at any time for public vessels of the 
United States, vessels in distress, commercial vessels carrying 
liquefied flammable gas or other harmful substances, and commercial 
and/or public vessels assisting in any emergency situation.
    (2) From 6:30 a.m. to 8 a.m. and from 3:30 p.m. to 5 p.m., Monday 
through Friday, except Federal holidays the bridge:
    (i) Need not open for the passage of pleasure craft or commercial 
vessels that do not qualify under paragraph (c)(2)(ii) of this section.
    (ii) Need not open for commercial cargo vessels, including tugs, 
and tugs with tows, unless 2 hours advance notice has been given to the 
Gilmerton Bridge at (804) 545-1512.
    (3) Shall open on signal at all other times.
* * * * *
    Dated: November 30, 1994.
M.K. Cain,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District 
Acting.
[FR Doc. 94-32226 Filed 12-29-94; 8:45 am]
BILLING CODE 4910-14-M