[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Proposed Rules]
[Pages 24492-24494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9303]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-05-041]
RIN 1625-AA09


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway 
(AICW), Elizabeth River, Southern Branch, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations that govern 
the operation of the Dominion Boulevard (U.S. 17) Bridge across the 
Southern Branch of the Elizabeth River, at Atlantic Intracoastal 
Waterway (AICW) mile 8.8, at Chesapeake, Virginia. The proposal would 
change the morning rush hour closure period so that it starts at 7 a.m. 
and ends at 9 a.m., and also allow the bridge to open every hour from 9 
a.m. to 4 p.m., Monday through Friday, except holidays. The proposed 
change is necessary to relieve vehicular traffic congestion and reduce 
traffic delays between weekday rush hours while still providing for the 
reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before June 24, 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: Waverly W. Gregory, Jr., 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 CGD05-05-
041, 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 a return 
receipt, please enclose a stamped, self-addressed postcard or envelope. 
We will consider all submittals 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 Commander (obr), 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 public meeting at a time and place announced by a later notice 
in the Federal Register.

Background and Purpose

    Current regulations require the Dominion Boulevard (US 17) Bridge 
across the Southern Branch of Elizabeth River, at AICW mile 8.8, to 
open on signal at any time for commercial vessels carrying liquefied 
flammable gas or other hazardous materials and for commercial vessels 
that provide a two-hour advance notice. In addition, from Memorial Day 
to Labor Day, from 8:30 a.m. to 4 p.m., Monday through Friday, except 
Federal holidays, the draw is opened only every hour on the half-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, the draw need not open for the passage 
of recreational vessels and commercial vessels carrying non-hazardous 
material that do not provide a 2-hour advance notice.
    On December 17, 2004, we published a notice of temporary deviation 
from the regulations and request for comments entitled ``Drawbridge 
Operation Regulations; Atlantic Intracoastal Waterway (AICW), Elizabeth 
River, Southern Branch, VA'' in the Federal Register (69 FR 75472). The 
temporary deviation was an effort to test an alternate drawbridge 
operation schedule for 90 days and to solicit comments from the public. 
In accordance with the temporary deviation, from December 13,

[[Page 24493]]

2004, to March 13, 2005, from 8:30 a.m. to 4 p.m., Monday through 
Friday, except Federal holidays, the draw was opened only every hour on 
the half hour.
    The Coast Guard received 52 e-mail messages and 4 on-paper 
responses commenting on the provisions of the temporary deviation. The 
majority of the comments, from motorists, favored scheduled versus 
unscheduled bridge openings, so they could better plan their movements. 
Many respondents indicated that even though the vehicular rush hour 
traffic starts at 6:30 a.m., the weekday rush hour traffic peaks 
between 7 a.m. and 9 a.m. In addition, they stated a preference that 
commercial vessels carrying non-hazardous materials be regulated. 
However, since tugs and tugs with tows have no place to tie up in the 
proximity of the bridge in order to wait for a bridge opening, the 
Coast Guard will continue to include them in the 2-hour advance notice 
requirement.
    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. 
From Memorial Day to Labor Day, the current regulations restrict 
openings for vessels between the rush hour periods to every hour on the 
half hour.
    In an effort to ease vehicle traffic congestion as a result of 
vessel openings of the drawbridge, the proposal will change the morning 
rush hour period so that it starts at 7 a.m. and ends at 9 a.m., Monday 
to Friday, except Federal holidays. Therefore, the first drawbridge 
opening for vessels after the morning rush hour will occur at 9 a.m. 
and the last opening before the evening rush hour will be at 4 p.m.
    Also, the Coast Guard proposes that the hourly opening occur on the 
hour, between the rush hour closure periods from 9 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. The Coast Guard 
examined the operation of the Great Bridge (S168) Bridge across the 
Albemarle and Chesapeake at AICW mile 12.0 and the Great Bridge Locks 
(the Locks) located just south of the Dominion Boulevard Bridge. The 
Great Bridge (S168) Bridge provides vessel openings on the hour between 
6 a.m. to 7 p.m., seven days a week, year round. The Locks, owned and 
operated by the U.S. Army Corps of Engineers, opens for vessels on 
demand from 7 a.m. to 6 p.m. Mariners suggested that if the Dominion 
Boulevard Bridge must open only once each hour, on the hour is better.
    Based on the above information, we have proposed to change the 
regulations that govern the Dominion Boulevard Bridge to open year 
round, every hour between 9 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays, to coincide with the operation of the Great 
Bridge (S168) Bridge and the Locks. The proposal will enable transient 
craft to reduce delays in navigating the AICW, while also helping to 
ease vehicular traffic congestion.

Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR Sec.  117.997(g), by 
revising paragraphs (g)(2), (g)(3), and (g)(4).
    Paragraph (g)(2) would modify the morning closure period, during 
rush hour, to 7 a.m. to 9 a.m., Monday to Friday, except Federal 
holidays. Paragraph (g)(3) would delete the phrase ``From Memorial Day 
to Labor Day'' and modify the paragraph to read ``Year round from 9 
a.m. to 4 p.m., Monday to Friday, except Federal holidays, the draw 
need be opened every hour''. Paragraph (g)(4) would replace the wording 
from ``on the half hour'' to ``on the hour.''

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. We reached this conclusion based 
on the fact that the proposed changes have only a minimal impact on 
maritime traffic transiting the bridge. Mariners can plan their 
transits 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 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.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities because the proposed rule only 
adds minimal restrictions to the movement of navigation, and mariners 
who plan their transits in accordance with the schedule bridge openings 
minimizes delays.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity 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 Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, (757) 398-6222. The Coast 
Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

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. 3501-3520.).

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

[[Page 24494]]

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 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 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. 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

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 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

    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. In Sec. 117.997, paragraphs (g)(2) introductory text, (g)(3) and 
(g)(4) are revised to read as follows:


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

* * * * *
    (g) * * *
    (1) * * *
    (2) From 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday through 
Friday, except Federal holidays:
    (i) * * *
    (ii) * * *
    (3) From 9 a.m. to 4 p.m., Monday to Friday, except Federal 
holidays, the draw need be opened every hour on the hour.
    (4) If any vessel is approaching the bridge and cannot reach the 
draw exactly on the hour, the drawtender may delay the opening up to 
ten minutes past the hour for the passage of the approaching vessel and 
any other vessels that are waiting to pass.
* * * * *

    Dated: May 2, 2005.
Lawrence J. Bowling,
Captain, United States Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 05-9303 Filed 5-9-05; 8:45 am]
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