[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Rules and Regulations]
[Pages 20051-20053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7618]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-04-215]
RIN 1625-AA09


Drawbridge Operation Regulations; Chincoteague Channel, 
Chincoteague, VA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulations that 
govern the operation of the SR 175 Bridge, at mile 3.5, at 
Chincoteague, Virginia. The final rule will require the draw to open on 
demand from midnight to 6 a.m., and on the hour from 6 a.m. to 
midnight, except from 7 a.m. to 5 p.m. on the last consecutive 
Wednesday and Thursday in July of every year, the draw need not be 
opened. This change will reduce vehicular traffic congestion, 
increasing public safety and will extend the structural and operational 
integrity of the movable span, while still balancing the needs of 
marine and vehicular traffic.

DATES: This rule is effective May 18, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Fifth Coast Guard District, Federal Building, 1st Floor, 431 
Crawford Street, Portsmouth, VA 23704-5004. The 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 
Commander (obr), Fifth Coast Guard District between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6629.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On December 30, 2004 we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulation; Chincoteague 
Channel, Chincoteague, VA'' in the Federal Register (69 FR 78373). We 
received six letters commenting on the proposed rule. No public hearing 
was requested.

Background and Purpose

    The Virginia Department of Transportation (VDOT) owns and operates 
this swing-type bridge. The current regulation allows the SR 175 
Bridge, mile 3.5, at Chincoteague to open on signal except the draw 
shall remain in the closed position to vessels from 7 a.m. to 5 p.m. on 
the last consecutive Wednesday and Thursday in July of every year.
    On behalf of the Chincoteague Town Council residents, and business 
owners in the area, VDOT has requested a change to the existing 
regulations for the SR 175 Bridge. This final rule is an effort to 
schedule the number of drawbridge openings thereby reducing traffic 
congestion for public safety. By scheduling the number of openings this 
change will also extend the structural and operational integrity of the 
movable

[[Page 20052]]

span, while balancing the needs of mariners and vehicular traffic 
transiting in and around this seaside resort area. SR 175 highway is 
also the principle arterial route that serves as the major evacuation 
highway in the event of emergencies or tidal flooding.
    The final rule will provide for a safer and more efficient 
operation of the SR 175 Bridge.

Discussion of Comments and Changes

    The Coast Guard received six comments on the NPRM. Five comments 
were from Chincoteague Island residents and the other comment was from 
Coast Guard (CG) Group Eastern Shore; all comments favored an hourly 
opening schedule year round. CG Group Eastern Shore expressed 
additional concerns for safe vessel passage after midnight. From 
midnight to 6 a.m., the NPRM proposed that the draw of the bridge need 
not be opened. CG Group Eastern Shore suggested the bridge open on 
demand from midnight to 6 a.m., except from 7 a.m. to 5 p.m. on the 
last consecutive Wednesday and Thursday in July, the draw need not be 
opened.
    The Coast Guard considered these changes necessary for safe 
navigation and the final rule was changed to reflect this suggestion.

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. We reached this conclusion based on the fact 
that the changes have only a minimal impact on maritime traffic 
transiting the bridge. Mariners can plan their trips in accordance with 
the scheduled bridge openings, to minimize delays.

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 
would not have a significant economic impact on a substantial number of 
small entities.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. No 
assistance was requested from any small entity.

Collection of Information

    This rule would call 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 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 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 sections 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 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD,

[[Page 20053]]

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 because it has been determined that the promulgation of 
operating regulations for drawbridges are categorically excluded.

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 revised to read as follows:


Sec.  117.1005  Chincoteague Channel.

    The draw of the SR 175 Bridge, mile 3.5, at Chincoteague shall open 
on demand from midnight to 6 a.m., and on the hour from 6 a.m. to 
midnight, except that from 7 a.m. to 5 p.m. on the last consecutive 
Wednesday and Thursday in July of every year, the draw need not be 
opened.

    Dated: April 7, 2005.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-7618 Filed 4-15-05; 8:45 am]
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