[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Proposed Rules]
[Pages 3933-3935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01333]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0483]
RIN 1625-AA09


Drawbridge Operation Regulation; Chincoteague Channel, 
Chincoteague, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating schedule that 
governs the SR 175 Bridge across Lewis Channel and Black Narrows, mile 
3.5 at Chincoteague, VA. The proposed change would eliminate the need 
for the current special operating schedule and return the bridge to 
open on demand. The proposed change does not include the last 
consecutive Wednesday and Thursday in July for the annual Pony swim.

DATES: Comments and related material must reach the Coast Guard on or 
before March 12, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0483 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Ms. Kashanda Booker, Bridge Specialist; telephone 
757-398-6227; email [email protected]. If you have questions 
on viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this proposed rulemaking by 
submitting comments and related materials. All comments received will 
be posted, without change to http://www.regulations.gov and will 
include any personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
proposed rulemaking (USCG-2014-0483), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online (http://www.regulations.gov), or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2014-0483] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit them by mail 
and would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0483) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for one using one of the methods specified under ADDRESSES. 
Please explain 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 .

B. Regulatory History and Information

    On July 14, 2014 the Coast Guard published a test deviation with 
request for comments, entitled ``Drawbridge Elizabeth River, Eastern 
Branch, VA''. 79 FR 40638. The bridge operated under this NPRM's 
proposed schedule from August 4, 2014 to November 3, 2014. No comments 
were received.

C. Basis and Purpose

    Virginia Department of Transportation (VDOT), who owns and operates 
SR 175 Bridge across Lewis Channel and Black Narrows, mile 3.5, at 
Chincoteague, VA has requested to change the existing

[[Page 3934]]

bridge regulations, set out at 33 CFR 117.1005. In 2011, the new 
single-leaf bascule bridge was constructed on a new alignment replacing 
the former swing-type bridge that was located downstream from the 
Chincoteague maritime community. The new bridge alignment resulted in 
boaters having an improved channel access and the number of necessary 
bridge openings reduced.
    The vertical clearance of the new single-span bascule bridge is 15 
feet above mean high water in the closed position and unlimited in the 
open. The horizontal clearance is 60 feet between fender systems.
    The current operating schedule allows the draw to open on demand 
from midnight to 6 a.m., and every one and a half hours from 6 a.m. to 
midnight (at 6 a.m., 7:30 a.m., 9 a.m., 10:30 a.m., 12 p.m., 1:30 p.m., 
3 p.m., 4:30 p.m., 6 p.m., 7:30 p.m., 9 p.m., 10:30 p.m., and 
midnight); except from 7 a.m., to 5 p.m. on the last consecutive 
Wednesday and Thursday in July, the draw need not be opened. This has 
been the regular operating schedule since November, 16, 2006.
    Based on the decrease amount of vessel openings, the Chincoteague 
maritime community and the Accomack County Board of Supervisors favored 
a less restrictive opening schedule by proposing a test deviation from 
scheduled openings to an ``on demand'' schedule while still balancing 
the needs of marine and vehicular traffic. The monthly vessel openings 
at the SR 175 Bridge submitted by VDOT are as follows:

                                                                  Bridge Opening Counts
--------------------------------------------------------------------------------------------------------------------------------------------------------
 APR  2013   MAY  2013  JUNE  2013   JUL  2013   AUG 2013   SEPT  2013   OCT  2013   NOV  2013   DEC  2013   JAN  2014   FEB  2014  MAR  2014  APR  2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
       1           4           7           7           7           6           7           3           2           0           0           0          3
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The bridge logs revealed that from April 2013 to April 2014, the SR 
175 Bridge had experienced only 47 total vessel openings.
    The SR 175 Bridge is the only vehicular connection between the 
mainland and Eastern Shore of Virginia and Chincoteague Island. Tourism 
is a dominant industry of Chincoteague Island with activities taking 
place in the Town of Chincoteague, Chincoteague Island and Assateague 
Island.

D. Discussion of Proposed Rule

    This proposed change in the rule will allow for a less restrictive 
operating schedule while still balancing the needs of the marine and 
vehicular traffic. The draw of the SR 175 Bridge will open on demand 
except: from 7 a.m. to 5 p.m. on the last consecutive Wednesday and 
Thursday in July, the draw need not be opened for the annual Pony swim.
    From August 4, 2014, to November 3, 2014, the draw of the SR 175 
Bridge, mile 3.5, at Chincoteague, opened on signal in accordance with 
the general operating regulations set out at 33 CFR 117.5. During this 
test deviation, VDOT gathered data on vessel openings in hopes of 
eliminating the current operating schedule for vessel passage.
    The monthly vessel openings at the SR 175 Bridge submitted by VDOT 
are as follows:

                          Bridge Opening Counts
------------------------------------------------------------------------
     September 2014            October 2014            November 2014
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                 3                        5                        1
------------------------------------------------------------------------

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    The proposed change is expected to have minimal impact on mariners 
due to the limited number of requests requiring openings for the past 
two years and no anticipated change to vessel traffic.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 will not affect or have a significant economic 
impact on a substantial number of small entities for the following 
reasons. There have been only 47 openings in the past two years. 
Vessels that can safely transit under the bridge (with a mast height 
less than 15 feet) may do so at any time.
    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.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that

[[Page 3935]]

question or complain about this proposed rule or any policy or action 
of the Coast Guard.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
promulgates the operating regulations or procedures for drawbridges. 
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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.1005 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; except from 7 a.m. to 5 p.m. on the last consecutive 
Wednesday and Thursday in July the bridge need not open.

    Dated: January 8, 2015.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2015-01333 Filed 1-23-15; 8:45 am]
BILLING CODE 9110-04-P