Drawbridge operations: Virginia,
[Federal Register: June 2, 1998 (Volume 63, Number 105)]
[Proposed Rules]
[Page 29961-29963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn98-18]
DEPARTMENT OF TRANSPORTATION
Coast Guard
[CGD05-98-029]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, South Branch of the Elizabeth River to the Albermarle and Chesapeake Canal
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
SUMMARY: At the request of the City of Chesapeake, the Coast Guard is proposing to change the regulations that govern the operation of the Centerville Turnpike Drawbridge (SR 170) across the Atlantic Introcoastal Waterway, Albermarle and Chesapeake Canal, mile 15.2, in Chesapeake, Virginia. The proposed rule would restrict bridge openings during the boating season's weekly morning and evening rush hours and reduce the frequency of bridge openings outside the rush-hour restrictions. This change is intended to reduce vehicular delays while still providing for the reasonable needs of navigation.
DATES: Comments must be received on or before August 3, 1998.
ADDRESSES: Comments may be mailed to Commander (Aowb), Fifth Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or may be hand-delivered to the same address between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. The telephone number is (757) 398-6222. Comments will become part of this docket and will be available for inspection and copying at the above address.
FOR FURTHER INFORMATION CONTACT: Ann Deaton, Bridge Administrator, Fifth Coast Guard District, (757) 398-6222.
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SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in this rulemaking by submitting written views, comments, data, or arguments. Persons submitting comments should include their names and addresses and identify this rulemaking (CGD05-98-029). Commenters should identify the specific section of this proposed rule to which each comment applies, and give reasons for each comment. The Coast Guard requests that all comments and attachments be submitted in an unbound format suitable for copying and electronic filing. If that is not practical, and second copy of any bound material is requested. Persons wanting acknowledgment of receipt of comments should enclose a stamped, self-addressed postcard or envelope. The Coast Guard will consider all comments received during the comment period. It may change this proposed rule in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public hearing by writing to the address listed under ADDRESSES. The request should include reasons why a hearing would be beneficial. If it determines that the opportunity for oral presentations will aid this rulemaking, the Coast Guard will hold a public hearing at a time and place announced by a later notice in the Federal Register.
Background and Purpose
33 CFR 117.997(h) currently requires the Centerville Turnpike Drawbridge, (SR 170), mile 15.2, across the Atlantic Intracoastal Waterway (AICW), Albemarle and Chesapeake Canal (A&C Canal), to open on signal, except that from 7 a.m. to 7 p.m. the draw only opens on the hour and half hour seven days a week year-round for pleasure craft. Commercial vessels may pass through this bridge at any time.
The City of Chesapeake has requested that the Coast Guard change the operating schedule of the Centerville Turnpike Drawbridge by restricting bridge openings during the morning and evening rush hours, Monday through Friday, including Federal holidays during the boating season. The rush-hour restrictions would eliminate drawbridge openings for all types of vessels, except those involved in emergency situations. The City of Chesapeake also requested restricting bridge openings to all vessel traffic from April 1 to November 30, from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday through Friday, including Federal holidays. the remainder of the time the bridge would open on signal every hour on the half hour for vessels waiting to pass. Federal, State, and local government vessels used for public safety, vessels in distress where a delay would endanger life or property, commercial vessels engaged in rescue or emergency salvage operations, and vessels seeking shelter from severe weather will be provided passage through the drawbridge on demand regardless of the operating schedule of the draw. This is required in accordance with Title 33 Code of Federal Regulations, 117.31 (b)(1) through (b)(4).
The City of Chesapeake has based their request on traffic data that revealed highway traffic at this bridge has increased since 1992 from 13,700 vehicles per day to 16,000 vehicles per day. During peak hour traffic, vehicular traffic has increased to over 1,200 vehicles during the morning rush hours and to over 1,700 during the evening rush hours.Highway traffic has increased significantly since the current restrictions were placed on this bridge in 1992. The drawlogs for April 1 to November 30 of 1995 and 1996 were reviewed. In 1995, the drawbridge opened 531 times during the morning rush hours and 673 times during the evening rush hours. In 1996, it opened 532 times during the morning rush hours and 728 times during the evening rush hours. this review revealed that the morning and evening restrictions should apply only on the weekdays from April 1 through November 30 and not year- round.
Even though this drawbridge is located across the AICW, one of the busiest waterways on the Atlantic Coast, it is not uncommon to impose bridge lift restrictions on bridges crossing this waterway during rush hours to help alleviate highway traffic congestion. The majority of drawbridges across the AICW already have rush-hour restrictions in effect. The Coast Guard's goal is to provide practical and feasible scheduled openings of drawbridges during seasons of the year, and during times of the day, when scheduled openings would help reduce motor vehicle traffic delays and congestion on roads and highways linked by drawbridges. the Coast Guard believes that this proposed rule would reduce motor vehicle traffic delays and congestion related to rush hour traffic while still providing for the reasonable needs of navigation.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. It has been exempted from review by the Office of Management and Budget under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard has reached this conclusion based on the fact that the proposed changes will not prevent mariners from transiting the bridge, but merely require mariners to plant their transits in accordance with the scheduled bridge openings.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the U.S. Coast Guard must consider whether this proposed rule, if adopted, will have a significant economic impact on a substantial number of small entities. ``Small entities'' include small independently owned and operated small businesses that are not dominant in their field and that otherwise qualify as ``small business concerns'' under section 3 of the Small Business Act (15 U.S.C. 632). Because it expects the impact of this proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if adopted, will not have a significant economic impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirement under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this proposed rule in accordance with the principles and criteria contained in Executive Order 12612, and has determined that this proposed rule does not raise sufficient federalism implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this proposal and concluded that under section 2.B.2.b and item (32)(e) of Figure 2-1 of Commandant Instruction M16475.1C dated November 14, 1997, this proposed rule is categorically excluded from further environmental documentation. A Categorical Exclusion Determination statement has been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
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Regulations
In consideration of the foregoing, the Coast Guard proposes to amend part 117 of Title 33, Code of Federal Regulations, as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); Section 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039.
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Section 117.997(h) is revised to read as follows:
Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the Elizabeth River to the Albemarle and Chesapeake Canal.
* * * * *
(h) The draw of the Centerville Turnpike (SR 170) bridge across the Albemarle and Chesapeake Canal, mile 15.2, at Chesapeake, shall open on signal every hour on the half hour except that, from April 1 to November 30, Monday through Friday, including Federal holidays, from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., the draw need not open for the passage of vessels.
Dated: May 18, 1998.
J. Carmichael, Acting Captain, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-14452Filed6-1-98; 8:45 am]
BILLING CODE 4910-15-M
