[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Rules and Regulations]
[Pages 29945-29947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14772]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-1175]
RIN 1625-AA09


Drawbridge Operation Regulation; Pamunkey River, West Point, VA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operation 
regulations of the Eltham Bridge (SR33/30), at mile 1.0, across 
Pamunkey River at West Point, Virginia. This final rule will allow the 
bridge to open on signal if at least four hours notice is given at all 
times while still providing for the reasonable needs of navigation, due 
to the anticipated infrequency of requests for vessel openings of the 
drawbridge.

DATES: This rule is effective July 24, 2009.

ADDRESSES: Comments and materials received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2009-1175 and are available online by going to 
www.regulations.gov, selecting the Advanced Docket Search option on the 
right side of the screen, inserting USCG-2009-1175 in the Docket ID 
box, pressing Enter, and then clicking on the item in the Docket ID 
column. This material is also available for inspection or copying at 
the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Sandra S. Elliott, Bridge Management Specialist, Fifth 
Coast Guard District, at (757) 398-6557, e-mail 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operation, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On March 12, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulations; Pamunkey River, 
West Point, VA'' in the Federal Register (74 FR 10692). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.

Background and Purpose

    The Virginia Department of Transportation (VDOT) is responsible for 
the operation of the Eltham Bridge (SR33/30), at mile 1.0, across 
Pamunkey River at West Point, VA. VDOT requested that the Coast Guard 
consider a four hour advance notification for vessel openings due to 
the infrequency of requests for vessel openings of the drawbridge.
    The new Eltham bascule bridge has recently been completed and is 
located immediately adjacent and downstream from the former structure. 
The former bridge provided 10 feet of vertical clearance over the 
navigable channel. The new bridge provides an additional 45 feet of 
vertical clearance over the navigable channel. The increase in vertical 
clearance has eliminated the need to open on demand for all existing 
commercial traffic and it is anticipated that there will be very few 
requests other than for scheduled monthly maintenance openings.
    The existing operating regulation is set out in 33 CFR Sec.  
117.1023, which requires the draw to open on signal, except that the 
bridge need not open for commercial crabbing and fishing vessels and 
recreational vessels on Mondays through Fridays, except Federal 
Holidays, from 7 a.m. to 9 a.m., 12 noon to 1 p.m. and 4 p.m. to 6 
p.m., at all other times, the bridge will open for these vessels only 
on the hour, Monday through Friday, except Federal holidays; and Public 
vessels of the United States must pass at any time.
    Bridge opening data, supplied by VDOT, revealed a significant 
decrease in yearly openings. In the past three years from 2005 to 2007, 
the bridge opened for vessels 593, 415 and 187 times, respectively. Due 
to the anticipated infrequency of requests for vessel openings of the 
drawbridge, VDOT requested to change the current operating regulation 
by requiring the draw of the bridge to open on signal if at least four 
hours notice is given year-round.

Discussion of Comments and Changes

    The Coast Guard did not receive any comments on the NPRM. 
Therefore, no changes were made to the final rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

[[Page 29946]]

Regulatory Planning and Review

    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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. This conclusion is 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 proposed 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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which might 
be small entities: The owners and operators of vessels needing to 
transit the bridge who can not clear the bridge at its closed position. 
This rule will not have a significant economic impact on a substantial 
number of small entities because the rule only adds minimal 
restrictions to the movement of vessels, and mariners who plan their 
transits in accordance with the proposed scheduled bridge openings can 
minimize delay.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.

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 effect 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 does not create an 
environmental risk to health or risk to safety that may 
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. 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(32)(e), of the Instruction.
    Under figure 2-1, paragraph 32(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

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:

[[Page 29947]]

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.1023 to read as follows:


Sec.  117.1023  Pamunkey River

    The draw of the Eltham Bridge (SR33/30) mile 1.0, located in West 
Point, Virginia shall open on signal if at least four hours notice is 
given at all times.

    Dated: June 10, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, U. S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E9-14772 Filed 6-23-09; 8:45 am]
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