[Federal Register Volume 60, Number 207 (Thursday, October 26, 1995)]
[Rules and Regulations]
[Pages 54805-54806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26524]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-95-023]


Drawbridge Operation Regulations; York River, Yorktown, 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 June 14, 1995, changing the 
regulations governing 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 DATE: This rule is effective on November 27, 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 
Administration Section, and CAPT R. A. Knee, Project Counsel, Fifth 
Coast Guard District Legal Office.

Regulatory History

    On June 14, 1995, the Coast Guard published an interim final rule 
with request for comments entitled York River, Yorktown, Virginia, in 
the Federal Register (60 FR 31246). The comment period ended September 
12, 1995. The Coast Guard received no comments on the interim final 
rule. On July 7, 1995, the Coast Guard issued Public Notice 5-857 
requesting comments on the interim final rule. The comment period ended 
September 12, 1995. The Coast Guard received no comments on the public 
notice. A public hearing was not requested and one was not held.

Background and Purpose

    The Virginia Department of Transportation requested further 
regulation of the George P. Coleman Memorial Bridge across York River, 
mile 7.0, at Yorktown, Virginia, during the morning and evening rush 
hours. The Coast Guard is extending the periods of restricted bridge 
openings during the morning and evening rush hours 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 as stated in Title 33 CFR 
117.31(b).
    The Virginia Department of Transportation's (VDOT) request was 
based in part on traffic problems associated with current construction 
of a new bridge at this location. VDOT also cited an increase in 
highway traffic crossing the bridge since the Park Service recently 
closed access to Route 17 at the Colonial Parkway and a change in the 
operating schedule of the Newport News Shipbuilding and Drydock which 
has resulted in motorists crossing the bridge earlier in the morning 
and later in the evening.
    In developing this schedule, the Coast Guard considered all views, 
and believes this final rule will not unduly restrict vessel passage 
through the bridge, since vessel operators can plan transits around the 
operating schedule. The Coast Guard believes that it is in the public 
interest to further limit openings of the Coleman Bridge.

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 this final rule 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 

[[Page 54806]]
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

    The Coast Guard has analyzed this rule under 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 has been 
prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    Accordingly, the interim rule amending 33 CFR part 117 which was 
published at 60 FR 31246 on June 14, 1995, is adopted as a final rule 
without change.

    Dated: October 11, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 95-26524 Filed 10-25-95; 8:45 am]
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