[Federal Register Volume 61, Number 15 (Tuesday, January 23, 1996)]
[Rules and Regulations]
[Pages 1714-1715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-723]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-95-029]
RIN 2115-AE47


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Elizabeth River, Southern Branch, Chesapeake, VA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the City of Chesapeake, the Coast Guard is 
changing the regulations that govern the operation of the Dominion 
Boulevard drawbridge across the Southern Branch of the Elizabeth River, 
Atlantic Intracoastal Waterway, mile 8.8, at Chesapeake, Virginia, by 
extending the period of restricted bridge openings for recreational 
vessels during the morning rush hours. It is also eliminating language 
referring to an evening rush hour opening for waiting recreational 
boats. This rule is 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 
still providing for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective on February 22, 1996.

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 T.R. Cahill, 
Project Counsel, Fifth Coast Guard District Legal Office.

Regulatory History

    On July 20, 1995, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; 
Elizabeth River, Southern Branch, Chesapeake, Virginia'' in the Federal 
Register (60 FR 37417). In addition to publishing the NPRM, the Coast 
Guard also announced the proposed changes in Public Notice 5-860. The 
comment period ended October 18, 1995. Two comments were received. A 
public hearing was not requested and one was not held.

Background and Purpose

    The Dominion Boulevard Bridge, also known as the Steel Bridge, 
crosses the Atlantic Intracoastal Waterway, Southern Branch of the 
Elizabeth River, mile 8.8. The proposed changes were requested by the 
City of Chesapeake, Virginia, in order to alleviate delays to vehicle 
traffic caused by opening the draw for passage of recreational vessels.

Discussion of Comments and Changes

    The NPRM proposed changes to 33 CFR 117.997, regulations governing 
operation of a drawbridge across the Southern Branch of the Elizabeth 
River on Dominion Boulevard (Route 190), in Chesapeake, Virginia. The 
proposed changes included extending the morning rush hour period of 
restricted openings from 8 a.m. to 9 a.m. and eliminating language 
referring to a 5 p.m. opening for waiting recreational vessels.
    Two comments were received on the proposed changes, one from a 
commercial waterway user and one from a recreational boater. Both 
comments objected to the proposed changes. A commercial waterway user 
requested that the hours of restriction apply only to openings for 
recreational vessels, and not to openings for commercial vessels. The 
NPRM did not propose changes to bridge openings for commercial vessels, 
and this final rule does not change the previous requirement. The draw 
will continue to open on signal for commercial vessels.
    A recreational boater asked that the Coast Guard schedule openings 
for recreational vessels during the hours of restricted openings. The 
Coast Guard does not agree. As a result of urban development, Dominion 
Boulevard has become a heavily-travelled commuter thoroughfare. Bridge 
openings during rush hours severely disrupt vehicular traffic. The 
purpose of the proposed changes is to establish a schedule that 
balances the reasonable needs of waterway users and the reasonable 
needs of vehicular traffic. The Coast Guard believes that the proposed 
changes will improve the flow of motor traffic and diminish vehicular 
delay while not unduly restricting the passage of recreational vessels. 
A boat would have to wait no more than two hours for the next opening, 
and a recreational vessel owner may plan the vessel's transit based on 
the hours of unrestricted openings.
    This final rule adopts the changes proposed in the NPRM. It extends 
the end morning rush hour period of restricted openings from 8 a.m. to 
9 a.m. The morning rush hour period of restricted openings will now run 
from 7 a.m. to 9 a.m. The evening rush hour period will continue to run 
from 4 p.m. to 6 p.m., and a provision specifically referring to a 5 
p.m. opening for waiting recreational vessels is eliminated. The draw 
will continue to open on signal for passage of commercial vessels. It 
will also continue to open at any time for passage of vessels in 
emergencies involving danger to life or property.
    This final rule also includes an editorial change to make 33 CFR 
117.997 consistent with Coast Guard bridge administration policies. 
Coast Guard policy is to specify, by regulation, the periods of time 
and conditions for which a bridge must open for passage of vessels. By 
implication, the bridge may remain closed except as specified. However, 
the Coast Guard does not require that a bridge remain closed, and a 
bridge owner or operator may open the bridge even though not required 
to do so. Therefore, in 33 CFR 117.997(e)(1), this final rule adopts 
language to indicate that the bridge ``need not'' open for passage of 
recreational vessels during the specified periods, rather than indicate 
that it may not open during those periods.

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 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 

[[Page 1715]]
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 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 principles 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)(e) of Commandant 
Instruction M16475.1B (as amended, 59 FR 38654, July 29, 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

    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 (e) is revised to read as follows:


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

* * * * *
    (e) The draw of the Dominion Boulevard Bridge, mile 8.8, in 
Chesapeake shall open on signal, except:
    (1) From 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday through 
Friday, except Federal holidays, the drawbridge need not open for the 
passage of recreational vessels.
    (2) Vessels in an emergency involving danger to life or property 
shall be passed at any time.
* * * * *
    Dated: December 26, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 96-723 Filed 1-22-96; 8:45 am]
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