[Federal Register Volume 69, Number 8 (Tuesday, January 13, 2004)]
[Proposed Rules]
[Pages 1958-1960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-637]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-03-168]
RIN 1625-AA-09


Drawbridge Operation Regulation; Chincoteague Channel, 
Chincoteague, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commander, Fifth Coast Guard District, is proposing to 
change the regulations that govern the operation of the SR 175 
drawbridge across the Chincoteague Channel, mile 3.5, at Chincoteague, 
Virginia. These regulations are necessary to facilitate public safety 
during the Annual Pony Swim. This proposed change to the drawbridge 
operation schedule will allow the Chincoteague Channel Bridge to remain 
in the closed position from 7 a.m. to 5 p.m. on the last Wednesday and 
Thursday in July of every year.

[[Page 1959]]


DATES: Comments and related material must reach the Coast Guard on or 
before March 15, 2004.

ADDRESSES: You may mail comments and related material to the Commander 
(oan-b), Fifth Coast Guard District, Federal Building, 4th Floor, 431 
Crawford Street, Portsmouth, Virginia 23703-5004. 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 between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

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

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 (CGD05-03-
168), 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 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 Town of Chincoteague has requested a change from the current 
operating regulation set out in 33 CFR 117.5 that requires the 
drawbridge to open promptly and fully for the passage of vessels when a 
request to open is given.
    The purpose of the change is to accommodate the Pony Swim across 
the Assateague Channel between Assateague Island and Chincoteague 
Island that takes place every year on the last Wednesday and Thursday 
in July. The herd is owned by the Chincoteague Volunteer Fire 
Department and managed by the National Park Service. This annual event 
began in the 1700's, but in 1925 the Fire Department took over the 
event that is also referred to as the Chincoteague Volunteer Fireman's 
Carnival. The proceeds from the auctioning of the ponies provide a 
source of revenue for the fire company and it also serves to trim the 
herd's numbers. On Wednesdays, the ponies are led across the Assateague 
Channel from Assateague Island to Chincoteague where they are auctioned 
off. On Thursdays, the remaining ponies are led back across the channel 
to Assateague Island.
    Due to the high volume of spectators that attend this yearly event, 
it is necessary to close the draw span on each of these days between 
the hours of 7 a.m. to 5 p.m. This will reduce vehicular traffic 
congestion and increase public safety on this small island as a result 
of drawbridge openings where the SR 175 bridge is the only access.
    The proposed change would allow the Chincoteague Channel Bridge to 
remain in the closed position each year from 7 a.m. to 5 p.m. on the 
last Wednesday and Thursday of July.
    Since the Pony Swim is a well-known annual event, and is publicly 
advertised, vessel operators can arrange their transits to minimize any 
impact caused by the closure. Vessel operators with mast heights lower 
than 15 feet still can transit through the fixed bridge across 
Chincoteague Channel during this event since only the bridge is closed 
and not the waterway. The Atlantic Ocean is the only alternate route 
for vessels with a mast height greater than 15 feet.

Discussion of Proposed Rule

    We propose to change the current operating regulation set out in 33 
CFR 117.5 that requires the drawbridge to open on demand for the 
passage of vessels when a request to open is given. A new section, 
117.1005, would be inserted and allow the bridge to remain closed to 
vessel traffic from 7 a.m. to 5 p.m. on the last Wednesday and Thursday 
in July of every year.

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 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    This conclusion was based on the fact that the proposed change will 
have a very limited impact on maritime traffic transiting this area. 
Since the Chincoteague Channel will remain open to navigation during 
this event, mariners with mast height less than 15 feet may still 
transit through the bridge and vessels with mast height greater than 15 
feet can use the Atlantic Ocean to the west or transit after the closed 
hours.

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 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 even though the rule 
closes the Chincoteague Channel bridge to mariners, those with mast 
heights less than 15 feet will still be able to transit through the 
bridge during the closed hours and mariners whose mast heights are 
greater than 15 feet will be able to use the Atlantic Ocean as an 
alternate route or transit after the closed hours.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1966 (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 Waverly

[[Page 1960]]

Gregory, Bridge Administrator, Fifth Coast Guard District, (757) 398-
6222.

Collection of Information

    This proposed 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 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 
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.

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 Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this proposed 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 proposed rule is categorically excluded, 
under figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation. Allowing the draw to remain closed for 
vessels at the times indicated on the last Wednesday and Thursday in 
July of every year would have no individually or cumulatively 
significant impact on the environment.

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, 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.

    2. Sec.  117.1005 is added to read as follows:


Sec.  117.1005  Chincoteague Channel.

    The draw of the SR 175 bridge, mile 3.5 at Chincoteague need not 
open for the passage of vessels from 7 a.m. to 5 p.m. on the last 
Wednesday and Thursday in July of every year.

    Dated: December 31, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-637 Filed 1-12-04; 8:45 am]
BILLING CODE 4910-15-P