[Federal Register Volume 60, Number 114 (Wednesday, June 14, 1995)]
[Rules and Regulations]
[Pages 31246-31247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14555]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-95-023]
RIN 2115-AE47


Drawbridge Operation Regulations; York River, Yorktown, VA

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for comments.

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SUMMARY: At the request of the Virginia Department of Transportation, 
the Coast Guard is changing the regulations that govern the operation 
of the drawbridge across York River, mile 7.0, at Yorktown, Virginia, 
by extending the periods of restricted bridge openings during the 
morning and evening rush hours. This is intended to provide relief to 
highway traffic during the extended rush hours on the roads and 
highways linked by this drawbridge, while still providing for the 
reasonable needs of navigation.

EFFECTIVE DATES: This rule is effective on June 14, 1995. Comments must 
be received on or before September 12, 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 (CGD5-95-023) 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.

Regulatory Information

    This rule is being published as an interim rule and is being made 
effective on the date of publication. Under 5 U.S.C. 553(b), this rule 
is being promulgated without an NPRM because the need to relieve 
highway traffic congestion due to current circumstances is immediate, 
and vessel traffic will not be unduly burdened. Further, this rule 
should be made effective in less than 30 days after publication under 5 
U.S.C. 553(d) because to delay the effective date would further 
exacerbate already serious highway traffic problems, and the Coast 
Guard believes it is in the overall public interest to do so. For these 
reasons, the Coast Guard for good cause finds, under 5 U.S.C. 553 
(b)(B) and (d)(3), that notice, and public procedure on the notice, 
before the effective date of this rule are unnecessary and that this 
rule should be made effective in less than 30 days after publication.

[[Page 31247]]


Background and Purpose

    The Virginia Department of Transportation has requested that 
openings of the George P. Coleman Memorial Bridge across York River, 
mile 7.0 at Yorktown, Virginia, be further limited by extending the 
morning and evening rush hour closure periods to all vessel traffic, 
while continuing to open on signal at all other times.
    Currently, the Coleman Bridge is closed to vessel traffic from 6 
a.m. to 8 a.m. and 3 p.m. to 6 p.m. Monday through Friday, except 
Federal holidays, year round. The draw opens on signal at all other 
times. This rule will extend the morning and evening rush hour 
restrictions by requiring the bridge to remain closed from 5 a.m. to 8 
a.m. and from 3 p.m. to 7 p.m., Monday through Friday, except Federal 
holidays, year round. Vessels in distress, or in an emergency situation 
will be allowed passage through the bridge at any time.
    The Virginia Department of Transportation's request is based on 
traffic problems associated with current construction of a new bridge 
at this location, as well as on an increase in highway traffic crossing 
the bridge since the Park Service recently closed access to Route 17 at 
the Colonial Parkway. Finally, Newport News Shipbuilding and Drydock 
has changed its hours of operation, resulting in motorists crossing the 
bridge earlier in the morning and later in the evening. The Virginia 
Pilots Association was informed of the Coast Guard's decision to 
further restrict openings of the Coleman Bridge. They stated that 
although they do not support bridge closures in general, they 
understand the need to extend the hours of restriction for this bridge. 
The U.S. Navy was contacted and supports the extended periods of 
restrictions during rush hours.
    The Coast Guard believes these restrictions will not unduly 
restrict vessel passage through the bridge, as vessel operators can 
plan transits around the interim schedule. The interim rule will remain 
in effect until three months after completion of construction and 
renovation of the Coleman bridge. Leaving this rule in effect three 
months after the work is completed will allow for an evaluation period 
to gather highway traffic data with the four-lane structure in service. 
This evaluation period will give VDOT and the Coast Guard information 
needed to determine if the extended hours of restriction should be made 
a permanent part of the regulations. The Coast Guard believes it is in 
the public interest to further limit openings of the Coleman Bridge and 
that vessel traffic will not be unduly burdened.

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 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, (as amended, 59 FR 38654, 29 July 1994), this 
rule 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.

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. Section 117.1025(a) is revised 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 5 a.m. to 8 a.m. and 3 p.m. to 7 p.m., Monday 
through Friday, except Federal holidays, the bridge shall remain closed 
to navigation.
    (b) * * *

    Dated: May 22, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 95-14555 Filed 6-13-95; 8:45 am]
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