[Federal Register Volume 69, Number 95 (Monday, May 17, 2004)]
[Rules and Regulations]
[Pages 27834-27836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11150]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-03-168]
RIN 1625-AA09


Drawbridge Operation Regulation; Chincoteague Channel, 
Chincoteague, VA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Commander, Fifth Coast Guard District, is changing 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 rule will change the drawbridge operation schedule by 
allowing 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.

DATES: This rule is effective June 16, 2004.

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 (CGD05-03-168) and are available for inspection or 
copying at Commander (obr), 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 L. Bonenberger, Bridge 
Management Specialist, Fifth Coast Guard District, at (757) 398-6227.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On January 13, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulation; Chincoteague 
Channel, Chincoteague, VA'' in the Federal Register (69 FR 1958). We 
received no comments on the proposed rule. No public hearing was 
requested nor held.

Background and Purpose

    The Town of Chincoteague 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 this rule 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. to reduce vehicular traffic congestion on 
this small island as a result of drawbridge openings.
    This rule will require the Chincoteague Channel Bridge to remain

[[Page 27835]]

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 drawbridge 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 Comments and Changes

    The Coast Guard received no comments on the NPRM for the 
Chincoteague Channel Bridge and no changes are being made to this 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 expect the economic impact of this 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 this rule 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 heights 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 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 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 offered to assist small 
entities in 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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 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 will 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 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 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. Allowing the draw to remain closed for the 
brief times indicated on only the last Wednesday and Thursday of July 
of each year would have no individually or cumulatively significant 
impact on the environment.

[[Page 27836]]

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

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. 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 
consecutive Wednesday and Thursday in July of every year.

    Dated: May 5, 2004.
Ben R. Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 04-11150 Filed 5-14-04; 8:45 am]
BILLING CODE 4910-14-P