[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Rules and Regulations]
[Pages 37364-37365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17872]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-94-117]
RIN 2115-AE47


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Chesapeake, VA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the Albemarle and Chesapeake Railroad 
Company, the Coast Guard is changing the regulations that govern the 
operation of the drawbridge across the Albemarle and Chesapeake Canal, 
Atlantic Intracoastal Waterway, mile 13.9, at Chesapeake, Virginia, by 
leaving the draw in the open position except for the passage of trains. 
This change to these regulations is, to the extent practical and 
feasible, intended to relieve the bridgeowners of the burden of having 
a person constantly available to open the draw while still providing 
for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective on August 21, 1995.

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 C.A. Abel, Project 
Counsel, Fifth Coast Guard District Legal Office.

Regulatory History

    On March 13, 1995, the Coast Guard published a Notice of Proposed 
Rulemaking entitled Atlantic Intracoastal Waterway, Chesapeake, 
Virginia, in the Federal Register (60 FR 13395). The comment period 
ended May 12, 1995. The Coast Guard did not receive any comments on the 
Notice of Proposed Rulemaking. On April 5, 1995, the Coast Guard issued 
Public Notice 5-850 requesting comments on the Notice of Proposed 
Rulemaking. The comment period ended May 12, 1995. No comments were 
received. A public hearing was not requested and one was not held.

Background and Purpose

    The Albemarle and Chesapeake Railroad Company has requested that 
the regulations for the drawbridge across the Albemarle and Chesapeake 
Canal, Atlantic Intracoastal Waterway, mile 13.9, in Chesapeake, 
Virginia, be changed to leave the bridge in the open position, except 
when a train is passing over it and for maintenance. Since the bridge 
would be left in the open position, a bridge tender would only be 
available to close the bridge for a train crossing, and, after the 
train cleared, to reopen the bridge to navigation.
    Currently, the bridge opens on demand. This final rule will require 
the bridge to remain in the open position except for the passage of 
trains and during maintenance. A bridgetender will be available to 
reopen the bridge after trains have cleared the bridge and after 
completion of any maintenance work.
    In developing this schedule, the Coast Guard considered all views, 
and believes this final rule will not unduly restrict commercial and 
recreational traffic, since the bridge will be left in the open 
position, except for the passage of trains.

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 

[[Page 37365]]
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 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 final 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 principals 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)(2) 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.

Final 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 (g) is redesignated as (h) and a new 
paragraph (g) is added to read as follows:


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

* * * * *
    (g) The draw of the Albemarle & Chesapeake Railroad bridge, mile 
13.9, in Chesapeake, Virginia, shall be maintained in the open 
position; the draw may close only for the crossing of trains and 
maintenance of the bridge. When the draw is closed, a bridgetender 
shall be present to reopen the draw after the train has cleared the 
bridge.
* * * * *
    Dated: June 15, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 95-17872 Filed 7-19-95; 8:45 am]
BILLING CODE 4910-14-M