[Federal Register Volume 68, Number 200 (Thursday, October 16, 2003)]
[Rules and Regulations]
[Pages 59535-59538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26131]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-02-108]
RIN 1625-AA09


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

DATES: This rule is effective November 17, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket (CGD05-02-108) and are available for inspection or 
copying at the Commander (oan-b), Fifth Coast Guard District, Federal 
Building, 4th Floor, 431 Crawford Street, Portsmouth, Virginia 23703-
5004, between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
Holidays.

FOR FURTHER INFORMATION CONTACT: Linda Bonenberger, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6227.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On February 12, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Atlantic 
Intracoastal Waterway, South Branch of the Elizabeth River to the 
Albemarle and Chesapeake Canal, Chesapeake, VA'' in the Federal 
Register (68 FR 7087). We received 84 written comments and two 
petitions on the proposed rule. No public hearing was requested nor 
held.

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. 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 (the City), through a Resolution submitted 
by the Chesapeake City Council, requested changes to the existing 
regulations for the Jordan, Gilmerton, Dominion Boulevard and 
Centerville Turnpike 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 backups. The City is seeking to reduce the amount of 
vehicular traffic congestion during the weekday morning and evening 
rush hours. The City requested an additional change for the Dominion 
Boulevard bridge, from opening on signal to opening on the hour and 
half hour between peak traffic hours.
    Recreational, public, and commercial vessels use the AICW. 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 the rush hour due to their numbers.
    On February 12, 2003, a NPRM was published in the Federal Register 
(68 FR 7087) proposing changes to the Jordan, Gilmerton, and Dominion 
Boulevard bridges that all span the Southern Branch of the Elizabeth 
River and the Centerville Turnpike bridges across the Albemarle and 
Chesapeake Canal. As a result of this proposal, 84 comments and two 
petitions were received on the proposed changes. Based on all the 
information received, we have made no changes from the proposed 
schedules for the Jordan, Gilmerton and Centerville Turnpike Bridges. 
However, we have made changes to the final rule for the Dominion 
Boulevard Bridge.

Discussion of Comments and Changes

Jordan Bridge

    The Coast Guard received 12 comments on the NPRM for the Jordan 
Bridge. Seven of the comments requested a change in the start of the 
morning rush hour closure period by a half-hour from 6:30 a.m. to 6 
a.m. The Coast Guard reviewed the City's weekday road traffic counts 
that were conducted in 1996 and again in 2001. The rush hour traffic 
count for these years revealed that vehicular traffic starts around 
6:30 a.m. during the weekday. The remaining five comments requested 
mid-point bridge openings for vessels at 7:30 a.m., during the morning 
closure period from 6:30 a.m. to 8:30 a.m., and 4:30 p.m., during the 
evening

[[Page 59536]]

closure period from 3:30 p.m. to 5:30 p.m. Based on the increased 
frequency of weekday vehicular traffic, as discussed in the NPRM, 
providing a mid-point bridge opening would undo the intent for reducing 
traffic congestion. The Coast Guard considered the comments, but has 
not changed the final rule.

Gilmerton Bridge

    The Coast Guard received 10 comments on the NPRM for the Gilmerton 
Bridge. Two comments requested that vessel openings be provided only on 
the hour or half-hour between the morning and evening rush hours. The 
remaining eight comments requested an extension of the evening closure 
period. The Coast Guard reviewed the draw logs and believes the 
proposal is designed to balance the competing needs of vehicular and 
vessel traffic. The Coast Guard considered the comments, but has not 
changed the final rule.

Dominion Boulevard Bridge

    The Coast Guard received 48 comments and two petitions on the NPRM 
for the Dominion Boulevard Bridge. Thirty-four comments requested 
changing the proposed opening schedule on the hour and half-hour 
between 8:30 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays, to open every hour on the half-hour during this period.
    The Great Bridge (S168) Bridge across the Albermarle and Chesapeake 
Canal at mile 12.0 located just south of the Dominion Boulevard Bridge 
provides drawbridge openings on the hour between 6 a.m. to 7 p.m., 
seven days a week, year round. The Great Bridge Locks, (the Locks) 
owned and operated by the U. S. Army Corps of Engineers, (the Army 
Corps) is located between the Dominion Boulevard and the Great Bridge 
(S168) Bridges. The Locks opens for vessels traveling south on demand 
between 7 a.m. to 6 p.m., seven days a week. In practice, the Locks 
close their gates near the quarter of the hour at which time the water 
level is raised. However, according to the Army Corps if a boater 
reaches the gates after they have been closed, the Army Corps will open 
the gates to allow the boater inside in order to avoid missing the 
hourly opening of the Great Bridge (S168) Bridge. After attaining the 
required water level, the gates are opened so boaters can continue 
their transit with the hourly opening schedule of the Great Bridge 
(S168) Bridge.
    A study conducted on March 3, 1999, determined an average 
transiting time of mariners at each location along the AICW between the 
Dominion Boulevard and the Great Bridge (S168) Bridges. A 41-foot Coast 
Guard (CG) Search and Rescue vessel assisted in the study. The Coast 
Guard vessel traveling at an average speed of 10 knots, determined to 
be the average speed of most AICW boaters, started at the Dominion 
Boulevard Bridge at approximately 10:13 a.m. Proceeding south of the 
Dominion Boulevard Bridge, the CG vessel arrived at the Locks at 
approximately 10:30 a.m. The Locks released the CG vessel at 
approximately 10:50 a.m. At 10:54 a.m., the CG vessel arrived in time 
for the scheduled hour opening of the Great Bridge (S168) Bridge. The 
CG vessel transiting time between the Dominion Boulevard and Great 
Bridge (S168) Bridges totaled 41 minutes. This total transit time 
included the 20 minutes the CG vessel waited for the Locks to open.
    Based on the transit times, we have determined changing the 
regulations that govern the operation of the Dominion Boulevard Bridge 
to open every hour on the half-hour to coincide with the Great Bridge 
(S168) Bridge and the Locks will enable transient craft to reduce 
delays in navigating the AICW while also helping to ease vehicular 
traffic congestion. The bridge will open on signal for commercial 
vessels that provide a 2-hour advance notice and will open on demand at 
all times for commercial vessels carrying liquefied flammable gas or 
other hazardous materials. The final rule was changed to reflect these 
modifications.
    The remaining 14 comments requested no vessel openings of the 
Dominion Boulevard Bridge during the morning and evening closure 
periods. The Coast Guard considered these comments, but has not changed 
the final rule.
    Two petitions offered by local marinas requested a change to the 
proposed schedule between 8:30 a.m. and 5 p.m. Monday through Friday, 
except Federal holidays, from year-round to Memorial Day through Labor 
Day. The local marina owners also suggested that due to the high volume 
of ``snowbirds'' transiting the AICW, openings should be provided on 
signal before Memorial Day and after Labor Day for the safety of 
navigation.
    The remaining comments indicate that road congestion starts at 4 
p.m. versus 5 p.m. The final rule will maintain the current evening 
closure period from 4 p.m. to 6 p.m., Monday through Friday, except 
Federal holidays.
    The Coast Guard considered these changes to be more efficient and 
safer to navigation and the final rule was changed to reflect these 
modifications.

Centerville Turnpike Bridge

    The Coast Guard received 17 comments on the NPRM for the 
Centerville Turnpike bridge. The comments varied to change the half-
hour opening proposal for recreational vessels between 8:30 a.m. to 4 
p.m., Monday through Friday, except Federal holidays to provide one and 
two hour openings. Based on the draw logs and traffic counts provided 
by the City, an additional restriction is unfair to the boating public 
and would be potentially hazardous to boaters. The Coast Guard 
considered the comments, but has not changed the final rule.

Regulatory Evaluation

    This 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 Homeland 
Security (DHS).
    We reached this conclusion based on the fact that this rule will 
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 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 that 50,000.
    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.
    This rule will not have a significant economic impact on a 
substantial number of small entities because the rule adds minimal 
restrictions to the movement of navigation, and mariners can plan their 
transits in accordance with the schedule bridge openings to minimize 
delay.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1966 (Pub. L. 104-121), we offered to assist small 
entities in

[[Page 59537]]

understanding the rule so that they can better evaluate its effects on 
them and participate in the rulemaking process. In our notice of 
proposed rulemaking, we provided a point of contact to small entities 
who could answer questions concerning proposed provisions or options 
for compliance.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
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 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 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 rule will 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 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 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 rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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.

Energy Effects

    We have analyzed this 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 Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1 paragraph (32)(e) of the Instruction, from further 
environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

0
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 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 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 paragraph (f)(2)(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 
Dominion Boulevard bridge at (757) 547-0521.
    (3) From Memorial Day to Labor Day, from 8:30 a.m. to 4 p.m., 
Monday through Friday, except Federal holidays, the draw need be opened 
only every hour on the half-hour.
    (4) If any vessel is approaching the bridge and cannot reach the 
draw exactly on the half hour, the drawtender may delay the opening up 
to ten minutes past the 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.

[[Page 59538]]

    (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 paragraph (i)(2)(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 past 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: October 3, 2003.
Sally Brice-O'Hara,
Rear Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-26131 Filed 10-15-03; 8:45 am]
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