[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Rules and Regulations]
[Pages 21267-21268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08225]



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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 Bay, Chincoteague, 
VA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

DATES: This rule is effective May 11, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG 
2014-0483 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Kashanda Booker, Fifth Coast Guard District Bridge 
Administration Division, Coast Guard; telephone 757-398-6227, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 26, 2015, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled, ``Drawbridge Operation Regulation; 
Chincoteague Bay, Chincoteague, VA'' in the Federal Register (80 FR 
3933). We received no comments on this rule. No public meeting was 
requested and none was held.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The purpose of this rule is to 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 in 
accordance with 33 CFR 117.5 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.

IV. Discussion of Comments, Changes and the Final Rule

    The bridge owner, 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 33 CFR 117.1005.
    In 2011, a 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 alignment 
resulted in boaters having an improved channel access and the number of 
necessary bridge openings reduced.
    The vertical clearance of the single-span bascule bridge is 15 feet 
above mean high water in the closed position and unlimited in the open 
position. 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 decreased number of bridge openings since 2011, 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.
    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.
    The monthly vessel openings at the SR 175 Bridge submitted by VDOT 
are as follows:

                          Bridge Opening Counts
------------------------------------------------------------------------
     September 2014           October  2014            November 2014
------------------------------------------------------------------------
           3                             5                       1
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    Based on the bridge log and discussions with the local community, 
allowing the bridge to return to an open on demand schedule except for 
the Pony swim will meet the reasonable needs to navigation and 
vehicular traffic. Therefore, 33 CFR 117.1005 will be amended to only 
deviate from the on demand schedule during the Pony swim.

V. Regulatory Analysis

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and

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Executive Orders, and we discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. This rule will make a regulatory burden less restrictive by 
allowing for the bridge to open on signal for the majority of the year. 
This rule takes into account the reasonable needs of navigation while 
taking into account vehicular traffic.

B. 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 received no comments from the Small Business 
Administration on this rule. 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.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section IV.A 
above, this final rule would not have a significant economic impact on 
any vessel owner or operator.
    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. 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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.

C. 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).

D. Federalism and Indian Tribal Government

    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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

E. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this 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 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, 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.

G. 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.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Revise 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 draw need not be opened.

    Dated: March 29, 2016.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2016-08225 Filed 4-8-16; 8:45 am]
BILLING CODE 9110-04-P