[Federal Register Volume 68, Number 29 (Wednesday, February 12, 2003)]
[Proposed Rules]
[Pages 7087-7093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3458]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-02-108]
RIN 2115-AE47


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
South Branch of the Elizabeth River to the Albemarle and Chesapeake 
Canal, Chesapeake, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to change the operating 
regulations that govern the operation of the Jordan (S337) bridge, the 
Gilmerton (US 13/460) bridge, and the Dominion Boulevard (US 17) bridge 
which all span the Southern Branch of the Elizabeth River, and the 
Centerville Turnpike (SR170) bridge across the Albemarle and Chesapeake 
Canal. We propose to extend the morning and evening rush hour closure 
periods between one hour and one-half hour for the Jordan and Gilmerton 
bridges and to add rush hour scheduled openings for the Gilmerton and 
Centerville Turnpike bridges. These regulations are necessary to 
relieve increased vehicular traffic congestion during weekday rush 
hours; the changes would reduce traffic delays while still providing 
for the reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before April 14, 2003.

ADDRESSES: You may mail comments and related material to Commander 
(Aowb), Fifth Coast Guard District, Federal Building, 4th Floor, 431 
Crawford Street, Portsmouth, Virginia 23704-5004, or they 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. The Commander (Aowb), Fifth Coast Guard District maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or 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

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-02-
108), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Commander, Fifth Coast Guard 
District at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The Virginia Cut of the Atlantic Intracoastal Waterway (AICW) 
extends approximately 28 statute miles from the Southern Branch of the 
Elizabeth River to the North Landing River. The AICW is used by 
recreational, public, and commercial vessels. General regulations 
governing the operation of bridges are set out in 33 CFR 117.1 through 
117.49. Specific drawbridge regulations, which supplement the general 
regulations for certain AICW bridges, are set out in 33 CFR 117.997.
    The City of Chesapeake has requested a change to the existing 
regulations for the Jordan, Gilmerton, Dominion Boulevard and 
Centerville Turnpike

[[Page 7088]]

bridges crossing the AICW, in order to balance the needs of mariners 
and motorists transiting in and around Chesapeake. Bridge openings at 
peak traffic hours during the weekdays cause considerable vehicle 
traffic backup. The City of Chesapeake is seeking to reduce the amount 
of vehicular traffic congestion during the weekday morning and evening 
rush hours. The City of Chesapeake is also seeking to change two of 
their drawbridges; Dominion Boulevard and Centerville Turnpike bridges, 
from opening on signal to opening on the hour and half hour between 
peak traffic hours. The following bridges would be affected by this 
proposal:

Jordan Bridge

    The current regulations require the Jordan Bridge across the 
Southern Branch of the Elizabeth River, at AICW mile 2.8, to open on 
signal at any time for public vessels of the United States, vessels in 
distress, commercial vessels carrying liquefied flammable gas or other 
harmful substances, and commercial and/or public vessels assisting in 
any emergency situation. From 6:30 a.m. to 7:30 a.m. and from 3:30 p.m. 
to 5 p.m., Monday through Friday, except Federal holidays, the bridge 
need not open during rush hour closure periods for the passage of 
certain recreational craft or commercial vessels and it need not open 
during rush hour restrictions for commercial cargo vessels, including 
tugs and tows, unless 2 hours advance notice has been given to the 
Jordan Bridge Office at (757) 545-4695. At all other times, the draw 
opens on signal.
    The City of Chesapeake, through a Resolution submitted by the 
Chesapeake City Council, has requested changes in the regulations 
governing the Jordan Bridge. They requested a change in the hours the 
draw would open during the morning and evening rush hours to 6:30 a.m. 
to 8:30 a.m. and to 3:30 p.m. to 5:30 p.m., Monday through Friday, 
except Federal holidays. This change would extend the morning closure 
period by one hour and the evening closure period by a half hour. The 
provision allowing vessels in distress, public vessels of the United 
States, and commercial and public vessels assisting in any emergency 
passage through the bridge at any time would be removed since this 
provision is addressed in 33 CFR 117.31. Vessels carrying liquefied 
flammable gas and other hazardous materials would still have unimpeded 
access through the bridge at any time.
    The proposal to continue to allow vessels carrying liquefied 
flammable gas or other hazardous materials unimpeded access through the 
bridge at any time was made based on the hazards involved in shipping 
liquefied flammable gas and to maintain safety along the Southern 
Branch of the Elizabeth River. The Coast Guard Marine Safety Office, 
Hampton Roads, issues safety zones each time liquefied flammable gas is 
transported through the Port of Hampton Roads.
    Since tugs and tugs with tows have no place to tie up in the 
proximity of the bridge to wait for a bridge opening, it is proposed to 
continue to include them in the 2-hour advance notice requirement as 
well as commercial cargo vessels requiring high tide to transit. During 
the spring and fall months, the flow of recreational vessels is 
constant due to vessel owners that are referred to as ``snow birds''. 
Owners of these recreational vessels are either transiting north to 
south towards a warmer climate in the fall or south to north towards a 
cooler climate in the spring and this can result in excessive bridge 
openings during rush hour due to their numbers. The proposal to 
continue to restrict recreational vessels during the morning and 
evening rush hour is based on the need to limit the openings of the 
draw during these hours to aid in relieving highway congestion 
currently being experienced at this bridge.
    The request for the change to the regulations is based on 
increasing area highway congestion, the lengthy delays to cross bridges 
due to area growth that is resulting in more motorists on the highways. 
The area's bridges and bridge-tunnel complexes are experiencing 
increasing congestion which can be partially remedied by extending the 
bridge closure periods during peak traffic hours to help keep the main 
highway arteries free flowing. The Jordan Bridge is a vital link 
between the cities of Portsmouth and Chesapeake used widely by 
motorists that work at the Norfolk Naval Shipyard, other Federal 
agencies located within the shipyard as well as within Portsmouth, and 
other industries and businesses in Portsmouth and Chesapeake.
    The City's request to extend the morning and evening hour closure 
periods Monday through Friday, except Federal holidays, is based on the 
need to reduce traffic congestion. The current schedule has been 
successful; however, it needs to be expanded since the last time the 
regulations governing the operation of the Jordan Bridge were updated 
was in the summer of 1990. A Final Rule (58 FR 16122) was published 
March 25, 1993. Since then the current closure periods have not been 
sufficient to accommodate the increase in vehicular traffic crossing 
this bridge.
    Weekday vehicular traffic submitted by the City of Chesapeake 
revealed that approximately 825 vehicles cross over the bridge during 
the morning rush hour and approximately 2500 cross over the bridge 
during the evening rush hour.
    The Coast Guard studied the City of Chesapeake's drawlogs for the 
Jordan Bridge for 2001, Monday through Friday, except Federal holidays, 
between the hours of 7:30 a.m. to 8:30 a.m. and 5 p.m. to 5:30 p.m. to 
determine how often the draw opened for the passage of vessels. The 
logs revealed that during the requested extended rush hour closure 
periods, the draw opened a total of 637 times for 2001. April had the 
highest number of openings; 92 times during the morning and 72 times 
during the evening. Recreational vessels requesting opening during the 
requested hours of extension totaled 30 for May 2001, 365 for October 
2001, and 167 for November. Based on the frequency of bridge openings 
and the increase in vehicular traffic, the City of Chesapeake's request 
to extend the morning and evening rush hours appears reasonable.

Gilmerton Bridge

    Current regulations require the Gilmerton Bridge across the 
Southern Branch of the Elizabeth River, AICW mile 5.8, to open on 
signal at any time for public vessels of the United States, vessels in 
distress, commercial vessels carrying liquefied flammable gas or other 
harmful substances, and commercial and/or public vessels assisting in 
any emergency situation. 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 the bridge need 
not open during rush hour closure periods for the passage of certain 
recreational craft or commercial vessels and need not open during rush 
hour closure periods for commercial cargo vessels, including tugs, and 
tugs with tows, unless 2 hours advance notice has been given to the 
Gilmerton Bridge at (757) 545-1512. The draw opens on signal at all 
other times.
    The City of Chesapeake, through a Resolution submitted by the 
Chesapeake City Council, has requested changes in the regulations 
governing the Gilmerton Bridge. They requested a change in the hours 
the draw would open during the morning and evening rush hours to 6:30 
a.m. to 8:30 a.m. and to 3:30 p.m. to 5:30 p.m. Monday through Friday, 
except Federal holidays. This change would extend the morning closure 
period by a half hour and extend the evening closure period by a half 
hour. The

[[Page 7089]]

provision allowing vessels in distress, public vessels of the United 
States, and/or commercial and public vessels assisting in any emergency 
passage through the bridge at any time would be removed since this 
provision is addressed in 33 CFR 117.31. Vessels carrying liquefied 
flammable gas and other hazardous materials would still be given access 
through the bridge at any time.
    The proposal to continue to provide vessels carrying liquefied 
flammable gas or hazardous materials unimpeded access through the 
bridge at any time with no restrictions was made based on the hazards 
involved in shipping liquefied flammable gas and to maintain safety 
along the Southern Branch of the Elizabeth River. The Hampton Roads 
Marine Safety Office issues safety zones each time a liquefied 
flammable gas carrier is transiting the Port of Hampton Roads. Also, 
since tugs, and tugs with tows have no place to tie up in the proximity 
of the bridge to wait for a bridge opening, it is proposed to continue 
to include them in the 2-hour advance notice requirement provision, as 
well as commercial cargo vessels requiring high tide to transit. During 
the spring and fall months, the flow of recreational vessels is 
constant due to vessel owners that are referred to as ``snowbirds''. 
Owners of these recreational vessels are either transiting north to 
south towards a warmer climate in the fall or south to north towards a 
cooler climate in the spring and this can result in excessive bridge 
openings during rush hour closure periods due to their numbers. The 
proposal to expand the closure periods for recreational vessels during 
the morning and evening rush hour is based on the need to limit the 
openings of the draw during these hours to aid in relieving highway 
congestion currently being experienced at this bridge.
    The request for the change to the regulations is based on 
increasing area highway congestion and lengthy delays across bridges 
due to area growth that is resulting in more motorists on the highways. 
The Gilmerton Bridge is another vital link between the cities of 
Portsmouth and Chesapeake and is used widely by motorists that work at 
the Norfolk Naval Shipyard, other Federal agencies located within the 
shipyard as well as within Portsmouth, and other industries and 
businesses in Portsmouth and Chesapeake.
    The City's request to extend the morning and evening closure 
periods Monday through Friday, except Federal holidays, is based on the 
need to reduce traffic congestion. November 1994 was the last time the 
regulations governing the operation of this drawbridge were updated. A 
Final Rule (60 FR 37365) was published July 20, 1995. Since 1994, area 
growth has continued and the current closure periods are not sufficient 
to accommodate the increase in vehicular traffic crossing this bridge. 
Weekday vehicular traffic counts submitted by the City of Chesapeake 
revealed that during the morning rush hour, approximately 2200 vehicles 
cross the Gilmerton Bridge. During the evening rush hours, 
approximately 3000 vehicles cross over this bridge.
    The Coast Guard studied the City of Chesapeake's drawlogs for the 
Gilmerton Bridge for the year of 2001, Monday through Friday, except 
Federal holidays, between the hours of 8 a.m. to 8:30 a.m. to 5 p.m. to 
5:30 p.m. to determine how often the draw opened for the passage of 
vessels. The logs revealed that during the requested half-hour 
extension of the morning and evening rush hours, the draw opened a 
total of 223 times in the morning and 235 times in the evening. The 
highest number of openings occurred during the spring months and the 
fall months. The lowest openings occurred in February when vessel 
traffic is at its lowest due to the cold weather. Based on the number 
of vehicles that cross this bridge during the morning and evening rush 
hours and the frequency of bridge openings during the same time, the 
City of Chesapeake's request to extend the morning and evening rush 
hours by a half-hour appears reasonable.

Dominion Boulevard

    Current regulations require the Dominion Boulevard Bridge across 
the Southern Branch of the Elizabeth River, AICW mile 8.8, to open on 
signal except 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. Vessels in an emergency 
involving danger to life or property shall be passed at any time.
    The City of Chesapeake, through a Resolution submitted by 
Chesapeake City Council, has requested changes in the regulations 
governing the operation of the Dominion Boulevard Bridge also known as 
the Steel Bridge. This request would change the rush hour restrictions 
to 6:30 a.m. to 8:30 a.m. and to 5 p.m. to 7 p.m., Monday through 
Friday, except Federal holidays. This change would extend the morning 
rush hour by a half hour at the beginning and reduce it by one half 
hour at the end. The evening rush hour would begin an hour later and 
last an hour later. A new provision would be added to change on demand 
openings to opening on signal on the hour and half-hour, between 8:30 
a.m. to 5 p.m., Monday through Friday, except Federal holidays. The 
provision to allow vessels in an emergency involving danger to life or 
property would be removed since this provision is addressed in 33 CFR 
117.31. The City of Chesapeake also requested that new provisions be 
included allowing vessels carrying liquefied flammable gas or other 
hazardous materials access through the bridge at any time, tugs and 
tugs with tows and commercial cargo vessels access through the bridge 
with a 2-hour advance notification, and delaying the draw for 10 
minutes for an approaching vessel or vessels waiting to pass through 
the drawspan. Recreational vessels would continue to be subject to the 
closure periods during the morning and evening rush hours. At all other 
times, the draw would open on signal.
    The proposal to allow vessels carrying liquefied flammable gas or 
hazardous materials unimpeded access through the bridge at any time 
with no restrictions was made based on the hazards involved in shipping 
liquefied flammable gas and to maintain safety along the Southern 
Branch of the Elizabeth River. The Coast Guard Marine Safety Office, 
Hampton Roads, issues safety zones each time a liquefied flammable gas 
carrier is transiting the Port of Hampton Roads. Also, since tugs and 
tugs with tows have no place to tie up in the proximity of the bridge 
to wait for a bridge opening, it is proposed to continue to include 
them in the 2-hour advance notice requirement provision, as well as 
commercial cargo vessels requiring high tide to transit. During the 
spring and fall months, the flow of recreational vessels is constant 
due to vessel owners referred to as ``snowbirds''. Owners of these 
recreational vessels are either transiting north to south towards a 
warmer climate in the fall or south to north towards a cooler climate 
in the spring and this can result in excessive bridge openings during 
rush hour restrictions due to their numbers. The proposal to continue 
to restrict recreational vessels during the morning and evening rush 
hour is based on the need to limit the openings of the draw during 
these hours to aid in relieving highway congestion currently being 
experienced at this bridge.
    The request for the change to the regulations is based on 
increasing area highway congestion and lengthy delays at the Dominion 
Boulevard Bridge. The Dominion Boulevard Bridge is one of the vital 
links to those who live and work in the Great Bridge area of 
Chesapeake. Bridge openings during rush hours severely disrupt 
vehicular traffic. The need to extend bridge

[[Page 7090]]

closure periods during peak traffic hours far exceeds the need to 
maintain the Dominion Boulevard Bridge at its present regulated 
schedule.
    The City's request to extend the morning and evening closure 
periods Monday through Friday, except Federal holidays, is based on the 
need to reduce traffic congestion. The current schedule was updated 
December 26, 1995 in a Final Rule (61 FR 1714) and worked for a while, 
but as a result of urban development, Dominion Boulevard has become a 
heavily traveled thoroughfare and the current closure periods are no 
longer sufficient to accommodate the increase in vehicles crossing this 
bridge during rush hour. The City of Chesapeake studied weekday 
vehicular traffic counts during the morning and evening rush hours. The 
average vehicle traffic count during a weekday morning rush hour for 
this bridge is approximately 2500 and for the evening rush hour, the 
vehicle count is approximately 2000.
    The Coast Guard studied the City of Chesapeake's drawlogs for the 
Dominion Boulevard Bridge for the year 2001, Monday through Friday, 
except Federal holidays between the hours of 6:30 a.m. to 7 a.m., 8:30 
a.m. to 9 a.m., 4 p.m. to 5 p.m. and 6 p.m. to 7 p.m. to determine how 
often the draw opened for the passage of vessels. The logs revealed 
that during the requested morning and evening rush hour extensions, the 
draw opened a total of 252 times during the morning and 350 times 
during the evening. The highest number of openings occurred May through 
November. The highest number of recreational vessels passing through 
this bridge during the extended hours of closure periods requested by 
the City was 275 in May 2001 and 245 in October of 2001. The lowest 
number of openings occurred in February, March and December due to the 
cold weather when boating is at its lowest. Based on the number of 
vehicles that cross this bridge during the morning and evening rush 
hours and the frequency of bridge openings during the same time, the 
City of Chesapeake's request to extend the morning and evening rush 
hours appears reasonable.

Centerville Turnpike

    Current regulations that govern the operation of the Centerville 
Turnpike Bridge across the Albemarle and Chesapeake Canal, AICW mile 
15.2, require the bridge to open on signal except from 7 a.m. to 7 p.m. 
the draw need only be opened on the hour and half-hour, seven days a 
week year-round, for the passage of recreational vessels. Public 
vessels of the United States, commercial vessels and vessels in an 
emergency condition which present danger to life or property shall be 
passed at any time.
    The City of Chesapeake, through a Resolution submitted by the 
Chesapeake City Council, has requested changes in the regulations 
governing the Centerville Turnpike Bridge. Provisions would be added to 
close the drawspan between the hours of 6:30 a.m. to 8:30 a.m. and from 
4 p.m. to 6 p.m., Monday through Friday, except Federal holidays, allow 
commercial cargo vessels, tugs, and tugs with tows access through the 
bridge at any time provided a 2-hour advance notification is made, and 
would subject certain recreational vessels and commercial vessels to 
the morning and evening rush hour closure periods. The City also 
requested that the draw open only on the hour and half hour between 
8:30 a.m. and 4 p.m. seven days a week. Since the rush hour closure 
periods are only for the weekday, the hour and half hour openings would 
apply between 8:30 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays and not seven days a week. The rest of the time the 
draw would open on signal. The Coast Guard is adding to the City's 
request that the draw shall open on signal for the passage of vessels 
carrying liquefied flammable gas or other hazardous materials. Coast 
Guard Marine Safety Office, Hampton Roads, confirmed that there is a 
commercial facility located past the Centerville Turnpike bridge that 
receives deliveries of fuel that is transported by barges.
    The proposal to allow vessels carrying liquefied flammable gas or 
hazardous materials unimpeded access through the bridge at any time 
with no restrictions was made based on the hazards involved in shipping 
liquefied flammable gas and to maintain safety along the Albemarle and 
Chesapeake Canal. The Coast Guard Marine Safety Office, Hampton Roads, 
issues safety zones each time a liquefied flammable gas carrier is 
transiting the Port of Hampton Roads. Also, since tugs, and tugs with 
tows have no place to tie up in the vicinity of the bridge to wait for 
a bridge opening, it is proposed to include them in the 2-hour advance 
notice requirement provision, as well as commercial cargo vessels 
requiring high tide to transit. During the spring and fall months, the 
flow of recreational vessels is constant due to vessel owners referred 
to as ``snowbirds''. Owners of these recreational vessels are either 
transiting north to south towards a warmer climate in the fall or south 
to north towards a cooler climate in the spring and this can result in 
excessive bridge openings during rush hour closure periods due to their 
numbers. The proposal to continue to restrict recreational vessels 
during the morning and evening rush hour is based on the need to limit 
the openings of the draw during these hours to aid in relieving highway 
congestion currently being experienced at this bridge.
    The City's request to provide morning and evening closure periods 
for bridge openings Monday through Friday, except Federal holidays, is 
based on the large volume of highway traffic that occurs at this 
location. Centerville Turnpike is a small two-lane road that 
accommodates large volumes of highway traffic. The highway traffic is a 
result of the population growth in Chesapeake and is causing lengthy 
delays to motorists who use this bridge daily going to and from home to 
work. The current schedule was updated as a Final Rule September 30, 
1991 (56 FR 49410). A Notice of Proposed Rulemaking (NPRM) was 
published (63 FR 26792, June 2, 1998) for the Centerville Turnpike 
Bridge proposing a change to the current operating schedule. The 
request was made by the City of Chesapeake to provide rush hour closure 
periods in the morning and evening, Monday through Friday including 
Federal holidays from April 1 to November 30. The remainder of the 
time, the bridge would open on signal. Comments received as a result of 
the NPRM were from marina owners located on the AICW. They expressed 
concern that the closure periods would have a negative impact on their 
business. The City of Chesapeake was informed of these comments and 
decided based on their conversations with these business owners to 
provide a new proposal for the Centerville Turnpike Bridge. The new 
proposal took the place of the NPRM and provided a comprehensive 
sequencing of all of the AICW bridges in Chesapeake that the City felt 
would minimize inconvenience to the maritime industry. The Coast Guard 
tested the City's new proposal by transiting the AICW in a Coast Guard 
41-foot Search and Rescue vessel traveling 10 knots. The Coast Guard 
determined the speed of travel was the average speed the majority of 
boaters traveled along this waterway. It was determined after the test 
was completed that the City's request did not meet the reasonable needs 
of navigation.
    Data received from the City of Chesapeake revealed highway traffic 
counts at the Centerville Turnpike Bridge has increased from 13,700 per 
day to over 16,000 per day. Weekday traffic counts submitted by the 
City revealed over 4500 vehicles cross over the Centerville Turnpike 
Bridge during

[[Page 7091]]

the morning rush hours and over 3300 cross over this bridge during the 
evening rush hours.
    The Coast Guard studied the City of Chesapeake's drawlogs for the 
Centerville Turnpike Bridge for the year of 2001, Monday through 
Friday, except Federal holidays, between the hours of 6:30 a.m. to 8:30 
a.m. and 4:30 p.m. to 6 p.m. to determine how often the draw opened for 
the passage of vessels. The logs revealed that during the requested 
morning and evening rush hours, the draw opened a total of 395 times in 
the morning and 414 times in the evening. Vessel traffic through this 
bridge was at it's highest from April to November 2001. In May vessels 
totaled 255 and in October vessels totaled 305. Since this bridge 
currently does not have a morning or evening rush hour schedule and 
based on the number of vehicles crossing this bridge and the high 
number of openings occurring during the requested morning and evening 
rush hours, the City of Chesapeake's request appears reasonable.

Discussion of Proposed Rule

Jordan Bridge

    The Coast Guard proposes to amend the substance of Sec.  117.997(b) 
that governs the Jordan Bridge, across the Southern Branch of the 
Elizabeth River, AICW mile 2.8, in Chesapeake, Virginia. The proposed 
change to paragraph (b)(1) would require the bridge to open on signal 
at any time for commercial vessels carrying liquefied flammable gas or 
other hazardous materials. Paragraph (b)(2) would expand the closure 
periods during rush hour from 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. 
to 5:30 p.m., Monday through Friday, except Federal holidays. Paragraph 
(b)(2)(i) would change the wording of pleasure craft to recreational 
vessel.

Gilmerton Bridge

    The Coast Guard proposes to amend the substance of Sec.  117.997 
(d) that governs the Gilmerton Bridge, across the Southern Branch of 
the Elizabeth River, AICW mile 5.8, in Chesapeake, Virginia. The 
proposed change to paragraph (d)(1) would require the bridge to open on 
signal at any time for commercial vessels carrying liquefied flammable 
gas or other hazardous materials. Paragraph (d)(2) would expand the 
closure period during rush hour from 6:30 a.m. to 8:30 a.m. and from 
3:30 p.m. to 5:30 p.m., Monday through Friday, except Federal holidays. 
Paragraph (d)(2)(i) would change the wording of pleasure craft to 
recreational vessel.

Dominion Boulevard Bridge

    The Coast Guard proposes to amend both the form and substance of 
Sec.  117.997 (f) which governs the Dominion Boulevard Bridge, across 
the Southern Branch of the Elizabeth River, AICW mile 8.8, in 
Chesapeake, Virginia. The proposed change to paragraph (f)(1) would 
require the bridge to open on signal at any time for commercial vessels 
carrying liquefied flammable gas or hazardous materials. Paragraph 
(f)(2) would establish closure periods for the bridge during rush hours 
from 6:30 a.m. to 8:30 a.m. and from 5 p.m. to 7 p.m., Monday through 
Friday, except Federal holidays. Paragraph (f)(2)(i) would establish 
that the bridge need not open for the passage of recreational or 
commercial vessels during those closure periods that do no qualify 
under paragraph (f)(2)(ii) of this section. Paragraph (f)(2)(ii) would 
establish that the bridge need not open for commercial cargo vessels, 
including tugs, and tugs with tows, unless 2 hours advance notice is 
given to the Dominion Boulevard Bridge at (757) 547-0521. Paragraph 
(f)(3) would establish scheduled opening for the bridge on the hour and 
half hour from 8:30 a.m. to 5 p.m., Monday through Friday, except 
Federal holidays. Paragraph (f)(4) would establish discretion for the 
drawtender to delay the opening up to 10 minutes pass the hour and half 
hour for the passage of approaching vessels and any other vessels that 
are waiting to pass. Paragraph (f)(5) would establish that the bridge 
would open on signal at all other times.

Centerville Turnpike Bridge

    The Coast Guard proposes to amend both the form and substance of 
Sec.  117.997(i) that governs the Centerville Turnpike Bridge, across 
the Albemarle and Chesapeake Canal, AICW mile 15.2, in Chesapeake, 
Virginia. Paragraph (i)(1) would require the bridge to open at any time 
for commercial vessels carrying liquefied flammable gas or hazardous 
materials. Paragraph (i)(2) would establish closure periods for rush 
hour from 6:30 a.m. to 8:30 a.m. and from 4 p.m. to 6 p.m., Monday 
through Friday, except Federal holidays. Paragraph (i)(2)(i) would 
establish that the bridge need not open for the passage of recreational 
or commercial vessels that do not qualify under (i)(2)(ii) of this 
section. Paragraph (i)(2)(ii) would establish that the bridge need not 
open for commercial cargo vessels, including tugs, and tugs with tows, 
unless 2 hours advance notice has been given to the Centerville 
Turnpike Bridge at (757) 547-3632. Paragraph (i)(3) would establish a 
schedule for bridge openings on the hour and half hour from 8:30 a.m. 
to 4 p.m., Monday through Friday, except Federal holidays. Paragraph 
(i)(4) would give discretion to the drawtender to delay the opening 10 
minutes pass the hour/half hour for the passage of the approaching 
vessel and any other vessels that are waiting to pass. Paragraph (i)(5) 
would establish that the bridge would open on signal at all other 
times.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it 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).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.
    We reached this conclusion based on the fact that the proposed 
changes have only a minimal impact on maritime traffic transiting the 
bridges. Mariners can plan their transits in accordance with the 
scheduled bridge openings, to further minimize delay.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    The proposed rule would not have a significant economic impact on a 
substantial number of small entities because the rule only adds minimal 
restrictions to the movement of navigation, and mariners who plan their 
transits in accordance with the schedule bridge openings and minimize 
delay.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity

[[Page 7092]]

and that this rule would have a significant economic impact on it, 
please submit a comment (see ADDRESSES) explaining why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Ann B. Deaton, Bridge 
Administrator, Fifth Coast Guard District, (757) 398-6222.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3502.).

Federalism

    A rule has implications for federalism under Executive Order 12132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in section 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comment on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a State of Energy Effects under 
Executive Order 13211.

Environment

    We have considered the environmental impact of this proposed rule 
and concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. A ``Categorical Exclusion Determination'' 
is available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 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 paragraphs (b)(1), (b)(2) introductory text, 
(b)(2)(i), (d)(1), (d)(2) introductory text, (d)(2)(i), (f) and (i) are 
revised to read as follows:


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

* * * * *
    (b) * * *
    (1) Shall open on signal at any time for commercial vessels 
carrying liquefied flammable gas or other hazardous materials.
    (2) From 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:30 p.m., 
Monday through Friday, except Federal holidays:
    (i) Need not open for the passage of recreational or commercial 
vessels that do not qualify under paragraph (b)(2)(ii) of this section.
* * * * *
    (d) * * *
    (1) Shall open on signal at any time for commercial vessels 
carrying liquefied flammable gas or other hazardous materials.
    (2) From 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:30 p.m., 
Monday through Friday, except Federal holidays:
    (i) Need not open for the passage of recreational or commercial 
vessels that do not qualify under paragraph (d)(2)(ii) of this section.
* * * * *
    (f) The draw of the Dominion Boulevard (US 17) bridge, mile 8.8, in 
Chesapeake:
    (1) Shall open on signal at any time for commercial vessels 
carrying liquefied flammable gas or other hazardous materials.
    (2) From 6:30 a.m. to 8:30 a.m. and from 5 p.m. to 7 p.m., Monday 
through Friday, except Federal holidays:
    (i) Need not open for the passage of recreational or commercial 
vessels that do not qualify under paragraph (f)(2)(ii) of this section.

[[Page 7093]]

    (ii) Need not open for commercial cargo vessels, including tugs, 
and tugs with tows, unless 2 hours advance notice has been given to the 
Dominion Boulevard Bridge at (757) 547-0521.
    (3) From 8:30 a.m. to 5 p.m., Monday through Friday, except Federal 
holidays, the draw need be opened only on the hour and half hour.
    (4) If any vessel is approaching the bridge and cannot reach the 
draw exactly on the hour or half hour, the drawtender may delay the 
opening up to ten minutes pass the hour or half hour for the passage of 
the approaching vessel and any other vessels that are waiting to pass.
    (5) Shall open on signal at all other times.
* * * * *
    (i) The draw of the Centerville Turnpike (SR170) bridge across the 
Albemarle and Chesapeake Canal, mile 15.2, at Chesapeake:
    (1) Shall open on signal at any time for commercial vessels 
carrying liquefied flammable gas or other hazardous materials.
    (2) From 6:30 a.m. to 8:30 a.m. and from 4 p.m. to 6 p.m., Monday 
through Friday, except Federal holidays:
    (i) Need not open for the passage of recreational or commercial 
vessels that do not qualify under (i)(1)(ii) of this section.
    (ii) Need not open for commercial cargo vessels, including tugs, 
and tugs with tows, unless 2 hours advance notice has been given to the 
Centerville Turnpike Bridge at (757) 547-3632.
    (3) From 8:30 a.m. to 4 p.m., Monday through Friday, except Federal 
holidays, the draw need only be opened on the hour and half hour.
    (4) If any vessel is approaching the bridge and cannot reach the 
draw exactly on the hour or half hour, the drawtender may delay the 
opening ten minutes pass the hour or half hour for the passage of the 
approaching vessel and any other vessels that are waiting to pass.
    (5) Shall open on signal at all other times.

    Dated: January 15, 2003.
James D. Hull,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-3458 Filed 2-11-03; 8:45 am]
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