[Federal Register Volume 61, Number 66 (Thursday, April 4, 1996)]
[Rules and Regulations]
[Pages 14970-14971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8356]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-96-009]
RIN 2115-AE47


Drawbridge Operations; Eltham Drawbridge, Pamunkey River, West 
Point, VA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: At the request of the Virginia Department of Transportation 
(VDOT), Commander, Fifth Coast Guard District is suspending existing 
regulations for operation of the Eltham drawbridge on SR 33/30 across 
the Pamunkey River, mile 1.0, at West Point, Virginia and issuing this 
temporary final rule. This temporary final rule allows restricted 
drawbridge openings for all vessels seven days a week throughout the 
month of May. This is intended to help reduce motor vehicle traffic 
delays and congestion on the roads and highways linked by this 
drawbridge while the George P. Coleman Memorial Bridge is closed to 
motor vehicle traffic while still providing for the reasonable needs of 
navigation.

DATES: This temporary final rule is effective from May 1, 1996 through 
May 31, 1996.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at 
(804) 398-6222.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    A notice of proposed rulemaking (NPRM) was not issued for this 
temporary final rule. This temporary final rule was requested by the 
Virginia Department of Transportation in order to minimize traffic 
delays during replacement of the Coleman Bridge. The Coast Guard 
believes that this temporary final rule will impose only a minimal 
burden of limited duration on navigation while reducing traffic delays. 
For these reasons, the Coast Guard for good cause finds, under 5 U.S.C. 
553(b)(3), that notice and public procedure on the notice prior to the 
effective date of this temporary final rule would be contrary to the 
public interest and are therefore not necessary.

Background and Purpose

    Currently, 33 CFR 117.1023 provides that the Eltham Bridge shall 
open on signal, except that, on Monday through Friday, it will open for 
recreational vessels and commercial fishing vessels

[[Page 14971]]
only on the hour, and that it need not open for those vessels from 7 to 
9 a.m., 12 noon to 1 p.m., and from 4 to 6 p.m. The Virginia Department 
of Transportation (VDOT) has requested that the schedule be temporarily 
amended to reduce the periods during which the Eltham Bridge must open 
on signal. VDOT's request is based on the major rehabilitation project 
and replacement of the superstructure of the George P. Coleman Bridge 
(located downriver from the Eltham Bridge) across the York River at 
Yorktown, Virginia. The Coleman Bridge will be closed to highway 
traffic during the replacement of the twin main truss spans during the 
month of May 1996. Highway traffic currently crossing the Coleman 
Bridge will be detoured onto Route 33/30 to utilize the Eltham Bridge, 
causing a considerable increase in highway traffic. Scheduled openings 
of the bridge may result in significant traffic delays.

Discussion of Temporary Final Rule

    Based on the above information, Commander, Fifth Coast Guard 
District is suspending current 33 CFR 117.1023 and issuing this 
temporary final rule, to be effective from May 1, 1996 through May 31, 
1996. This temporary final rule will allow the Eltham drawbridge to 
remain closed to all vessel traffic from 4 a.m. to 8 p.m., except that 
it shall open at 10 a.m. and 2 p.m. for vessels waiting to pass. Public 
vessels and vessels in an emergency involving danger to life or 
property shall be passed at any time. The bridge will continue to open 
on signal at all other times. The Coast Guard believes that this 
temporary final rule will reduce motor vehicle traffic delays and 
congestion on the roads and highways linked by this drawbridge during 
the period of shutdown of the George P. Coleman Memorial Bridge while 
still providing for the reasonable needs of navigation.

Regulatory Evaluation

    This temporary final 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 not been reviewed 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 temporary final rule to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary. This is a temporary final rule of 
only local applicability and limited duration, and it will not 
significantly disrupt maritime traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this temporary final rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    This is a temporary final rule of only local applicability and 
limited duration, and it will not significantly disrupt maritime 
traffic. Because it expects the impact of this temporary final rule to 
be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
temporary final rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This temporary 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 temporary final rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this temporary final rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
temporary final rule and concluded that, under paragraph 2.B.2 of 
Commandant Instruction M16475.1B, this temporary final rule is 
categorically excluded from further environmental documentation. A 
``Categorical Exclusion Determination'' is available in the docket for 
inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--[AMENDED]

    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.


Sec. 117.1023  [Suspended]

    2. Section 117.1023 is suspended.
    3. A new temporary section, Sec. 117.T1024 is added to read as 
follows:


Sec. 117.T1024  Pamunkey River.

    The draw of the Eltham Bridge (SR 33/30), mile 1.0, located in West 
Point, Virginia, shall open on signal, except:
    (a) From 4 a.m. to 8 p.m., the drawbridge need not open for the 
passage of commercial or recreational vessels, except that it shall 
open at 10 a.m. and 2 p.m. if one or more vessels are waiting to pass.
    (b) Public vessels or vessels in an emergency involving danger to 
life or property shall be passed at any time.

    Dated: March 14, 1996.
N.V. Scurria,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District, 
Acting.
[FR Doc. 96-8356 Filed 4-3-96; 8:45 am]
BILLING CODE 4910-14-M