[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Rules and Regulations]
[Pages 37365-37366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17873]



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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: Final rule.

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SUMMARY: The Coast Guard is adopting as final the interim rule 
published in the Federal Register on December 30, 1994, changing the 
regulations governing 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. This new rule is intended to provide 
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.

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

Regulatory History

    On December 30, 1994, the Coast Guard published an interim final 
rule with request for comments entitled Atlantic Intracoastal Waterway, 
Chesapeake, Virginia, in the Federal Register (59 FR 67630). The 
comment period ended March 30, 1995. The Coast Guard received no 
comments on the interim final rule. The Commander, Fifth Coast Guard 
District, also published the interim rule as a public notice on January 
13, 1995, with the comment period ending March 30, 1995, and no 
comments were received as a result of this notice. A public hearing was 
not requested and one was not held.

Background and Purpose

    The City of Chesapeake, Virginia, requested that the regulations 
for the operation of the drawbridge across the Southern Branch of the 
Elizabeth River, Atlantic Intracoastal Waterway, mile 5.8, at 
Chesapeake, Virginia, be changed by limiting bridge openings during the 
morning and evening rush hours, 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, year-
round. This will help reduce highway traffic congestion problems, and 
respond to public safety and welfare concerns associated with frequent 
bridge openings caused by recreational boat traffic. This also will 
help reduce the wear and tear that is already apparent on the bridge's 
mechanical machinery. Prior to the publication of the interim rule in 
the Federal Register, the drawbridge operated by opening on demand.
    In addition to restricting bridge openings during the morning and 
evening rush hours, commercial cargo vessels, tugs and tugs with tows 
will be allowed passage through the bridge during the hours of 
restriction 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 able to pass through the bridge at any time.
    Further explanation of the interests considered was provided in the 


[[Page 37366]]
preamble to the Interim Final Rule. The Coast Guard has not received 
any complaints from the boating community on the new operating schedule 
of the Gilmerton drawbridge.

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.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Assessment

    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 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 have 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, as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    Accordingly, the interim rule amending 33 CFR part 117 which was 
published at 59 FR 67630 on December 30, 1994, is adopted as a final 
rule without change.

    Dated: June 15, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 95-17873 Filed 7-19-95; 8:45 am]
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