[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Proposed Rules]
[Pages 58676-58677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29244]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-98-090]
RIN 2115-AE47


Drawbridge Operation Regulations; Elizabeth River, Eastern 
Branch, Norfolk, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of Norfolk Southern Corporation, the Coast 
Guard is proposing to change the regulations that govern the operation 
of the Norfolk and Western Railroad drawbridge across the Eastern 
Branch of the Elizabeth River, mile 2.7, at Norfolk, Virginia. The 
proposed rule would reduce the hours when on-demand openings of the 
bridge are required during the boating season, and openings at all 
other times would require three-hours advance notice. This change is 
intended to reduce on-demand openings at times when there is minimal 
use of the bridge while still providing for the reasonable needs of 
navigation.

DATES: Comments must be received on or before January 4, 1999.

ADDRESSES: Comments may be mailed to Commander (Aowb), Fifth Coast 
Guard District, Federal Building, 4th Floor, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, or may be hand delivered to the same 
address between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (757) 398-6222. Comments will 
become a part of this docket and will be available for inspection and 
copying at the above address.

FOR FURTHER INFORMATION CONTACT:
Ann B. Deaton, Bridge Administrator, Fifth Coast Guard District, at 
(757) 398-6222.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested parties to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD05-98-090) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. The Coast Guard requests that all comments and 
attachments be submitted in an unbound format suitable for copying and 
electronic filing. If not practical, a second copy of any bound 
material is requested. Persons wanting acknowledgement of receipt of 
comments should enclose a stamped self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Commander, Fifth Coast Guard District, 
at the address under ADDRESSES. The request should include reasons why 
a hearing would be beneficial. If it determines that the opportunity 
for oral presentations will aid in this proposed rulemaking, the Coast 
Guard will hold a public hearing at a time and place announced by a 
later notice in the Federal Register.

Background and Purpose

    33 CFR 117.1007(a) currently requires the Norfolk and Western 
Railroad Bridge, mile 2.7, across the Eastern Branch of the Elizabeth 
River, to open on signal from 6 a.m. to 10 p.m., seven days a week, 
year round. At all other times, the bridge only opens with at least a 
three-hour advance notice.
    The Norfolk Southern Corporation has requested that the Coast Guard 
change the operating schedule of the Norfolk and Western Railroad 
bridge by reducing the hours when on-demand openings are provided 
during the boating season and requiring three-hours advance notice for 
openings outside of the boating season. Specifically, Norfolk Southern 
Corporation has requested that the drawbridge open on demand from April 
15 to September 30, Monday through Thursday from 10 a.m. to 6 p.m., and 
Friday through Sunday from 6 a.m. to 11 p.m. At all other times, the 
drawbridge would only open with at least a three-hour advance notice.
    The Norfolk Southern Corporation has based their request on data 
obtained from the 1996 and 1997 drawlogs. The logs revealed that from 
April to October during the weekdays (Monday through Thursday) from 10 
a.m. to 6 p.m., and during the weekends (Friday through Sunday) from 6 
a.m. to 11 p.m., the waterway traffic was at its peak. From 6 p.m. to 
10 a.m. weekdays, and from 11 p.m. to 6 a.m. weekends during these same 
months, waterway traffic decreased sufficiently to request placing the 
bridge in advance-notice status. Norfolk Southern Corporation has also 
requested that from October to April, all bridge openings be provided 
only with a three-hour advance notice.
    A Coast Guard review of the drawlogs revealed that waterway 
traffic, particularly recreational, remains active through October and 
November. From December to mid-April, recreational waterway traffic 
decreases by 80% while commercial waterway traffic remains steady. The 
majority of bridge openings during the weekends from April through 
November were a result of recreational boaters. Additional information 
provided by Norfolk Southern Corporation showed that during October and 
November 1996, the number of draw openings were 86 and 73, 
respectively. During October and November 1997, the number of openings 
were 88 and 59, respectively. During the months of June, July and 
August of 1996, the number of openings were 180, 106, and 137. In 1997 
during the same months, the number of openings were 155, 107, and 148. 
Even though draw openings are lower from October through November than 
during the peak summer months, it is apparent the need exists to extend 
the boating season to the end of November to meet the needs of 
navigation.
    Located upstream of the railroad bridge are commercial businesses 
that depend on this waterway for their livelihood and numerous property 
owners who own boats and frequent the river during the boating season. 
The Coast Guard's goal is to provide practical and feasible scheduled 
opening times for drawbridges during seasons of the year, and during 
times of the day, when scheduled openings would benefit users and 
owners of the bridge as well as users of the waterway. Even though 
Norfolk Southern Corporation has requested that the boating season 
begin in mid-April and end in September, the Coast Guard feels it is 
necessary to extend the boating season to the end of November based on 
information acquired from the drawlogs and local knowledge of the 
Eastern Branch of the Elizabeth River. It is also felt that, since this 
railroad bridge currently opens on-demand year round from 6 a.m. to 10 
p.m., extending the boating season by two months is a reasonable 
compromise between the waterway users and the railroad. The Coast Guard 
believes that this proposed rule would reduce the need for providing a 
bridgetender for on-demand bridge openings at times of the year when 
there is minimal need for one

[[Page 58677]]

while still providing for the reasonable needs of navigation.

Discussion of Proposed Amendment

    The Coast Guard proposes to amend 33 CFR 117.1007(a), which governs 
the Norfolk and Western Railroad bridge across the Eastern Branch of 
the Elizabeth River, mile 2.7, at Norfolk, Virginia, by requiring on-
demand openings from April 15 to November 30, Monday through Thursday 
from 10 a.m. to 6 p.m., and Friday through Sunday from 6 a.m. to 11 
p.m. At all other times, the bridge would be required to open only upon 
three-hours advance notice.

Regulatory Evaluation

    This proposed 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 reached this 
conclusion based on the fact that the proposed changes will not prevent 
mariners from transiting the bridge, but merely require mariners to 
adhere to the proposed new operation procedures during transits of the 
bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the U.S. 
Coast Guard must consider whether this proposed rule, if adopted, will 
have a significant economic impact on a substantial number of small 
entities. ``Small entities'' include small independently owned and 
operated 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 proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposed rule, if adopted, will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3510-3520).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this proposed regulation will not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under figure 2-1, paragraph (32)(e) of 
Commandant Instruction M16475.1C this proposed rule is categorically 
excluded from further environmental documentation based on the fact 
that this is a promulgation of an operating regulation for a 
drawbridge. 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 proposes to 
amend 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 section 117.1007, paragraph (a) is revised to read as 
follows:


Sec. 117.1007  Elizabeth River--Eastern Branch.

    (a) The draw of the Norfolk and Western Railroad bridge, mile 2.7 
at Norfolk, shall open on signal from April 15 to November 30, Monday 
through Thursday from 10 a.m. to 6 p.m., and Friday through Sunday from 
6 a.m. to 11 p.m. At all other times, openings shall require three-
hours advance notice.
* * * * *
    Dated: October 22, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 98-29244 Filed 10-30-98; 8:45 am]
BILLING CODE 4910-15-M