Drawbridge operations: Virginia,
[Federal Register: April 6, 2007 (Volume 72, Number 66)]
[Proposed Rules]
[Page 17065-17068]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap07-17]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[CGD05-07-021]
RIN 1625-AA09
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), Albemarle and Chesapeake Canal, Chesapeake, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Coast Guard proposes to change the regulations that govern the operation of the Centerville Turnpike (SR 170) Bridge, at AIWW mile 15.2, across the Albemarle and Chesapeake Canal in Chesapeake, Virginia. The proposal would allow the bridge to open on signal every hour on the half hour from 6:30 a.m. to 6:30 p.m., year round. The reason for this change would be to improve the schedule for both roadway and waterway users.
DATES: Comments and related material must reach the Coast Guard on or before May 21, 2007.
ADDRESSES: You may mail comments and related material to Commander (dpb), 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 (dpb), Fifth Coast Guard District between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Bill H. Brazier, Bridge Management Specialist, Fifth Coast Guard District, at (757) 398-6422.
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 CGD05-07- 021, 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 (dpb), 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 at a time and place announced by a later notice in the Federal Register.
Background and Purpose
The Centerville Turnpike (SR 170) Bridge, a swing-type drawbridge, has a vertical clearance in the closed position to vessels of four feet, above mean high water.
The City of Chesapeake owns and operates this swing-type bridge. Current regulation requires the bridge to open on signal at any time for commercial vessels carrying liquefied flammable gas or other hazardous materials. In addition, from 8:30 a.m. to 4 p.m., Monday through Friday, except Federal holidays, the draw need only be opened on the hour and 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.
The City of Chesapeake has requested a change to the existing regulations for the Centerville Turnpike (SR 170) Bridge in an effort to improve the schedule for both roadway and waterway users and to improve the travel for mariners to arrive at the Great Bridge (S168) Bridge across the Albemarle and Chesapeake, at AIWW mile 12.0 at Chesapeake, (approximately three miles away) in time to pass through the drawbridge during its opening schedule. 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.
This proposal would continue to open on signal at any time for commercial vessels carrying liquefied flammable gas or other hazardous materials, eliminates the 2-hour advance notice requirement for commercial vessels carrying non-hazardous material and the rush hour restrictions to mariners from 6:30 a.m. to 8:30 a.m. and from 4 p.m. to 6 p.m.,
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Monday through Friday, except Federal holidays.
The Coast Guard reviewed the bridge logs provided by the City of Chesapeake which illustrated a small decrease in the numbers of vessels passing through the bridge during the spring, summer, and fall, primarily for ``snowbirds''. Owners of these transitory recreational vessels are either traveling 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 frequent bridge openings due to their numbers. During the spring and fall months, the flow of recreational vessels is constant.
There were approximately 9,068 and 10,415 vessel passages occurring in 2006 and 2005, respectively, over a seven-month period (April, May, June, July, August, October and November) according to records furnished by the City of Chesapeake. (See Table A)
Table A
JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC
BRIDGE OPENINGS FOR 2006
210 151 280 510 428 627 659 514 418 521 451 255
BOAT PASSAGES FOR 2006
249 177 358 954 1213 1630 1500 954 743 1601 1216 361
BRIDGE OPENINGS FOR 2005
189 192 282 455 719 631 666 579 452 399 495 305
BOAT PASSAGES FOR 2005
224 216 351 897 2234 1724 1495 1091 818 1646 1328 458
Due to the large number of vessels under the current schedule, mariners cannot arrive on time for the Great Bridge (S168) Bridge opening before the morning and evening rush hour periods. The waterway at this location is narrow and offers no anchorage area, and this condition creates a hazardous situation for vessels waiting and maneuvering for long periods to transit through the draw span. Also, a well-known marina along the AIWW was contacted by the City of Chesapeake during this evaluation process in order to help seek comments from waterway users frequenting the AIWW. While it was an unofficial survey, the marina relayed that the overwhelming majority of its contacts believe the proposed schedule would work much better than the current operating regulations for the Centerville Turnpike (SR 170) Bridge.
Based on the above information, we have proposed to change the regulations that govern the Centerville Turnpike (SR 170) Bridge to open on signal at any time for commercial vessels carrying liquefied flammable gas or other hazardous materials; and every hour on the half hour between 6:30 a.m. and 6:30 p.m., year-round. At all other times, the draw shall open on demand. The proposal will enable transient craft to reduce delays in navigating the AIWW, while also helping to ease vehicular traffic congestion.
Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR 117.997(j), by revising the following paragraphs:
Paragraph (j)(2) would modify to read ``Year-round from 6:30 a.m. to 6:30 p.m., the draw need only be opened every hour on the half hour''. Paragraph (j)(3) would modify to read ``If any vessel is approaching the bridge and cannot reach the draw exactly on the half hour, the draw tender may delay the opening ten minutes past the half hour for the passage of the approaching vessel and any other vessels that are waiting to pass''. Paragraph (j)(4) would read ``Shall open on signal at all other times''.
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 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 trips 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 rule only adds minimal restrictions to the movement of navigation, and mariners who plan their transits in accordance with the scheduled bridge openings can minimize delay.
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
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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 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 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.lD, and Department of Homeland Security Management Directive 5100.1, 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 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, we believe that this rule should be categorically excluded, under figure 2-1, paragraph (32)(e), of the Instruction, from further environmental documentation. Under figure 2- 1, paragraph (32)(e), of the Instruction, an ``Environmental Analysis Check List'' and a ``Categorical Exclusion Determination'' are not required for this rule. However, comments on this section will be considered before the final 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
-
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.
-
In Sec. 117.997, remove paragraph (j)(5) and revise paragraphs (j)(2), (j)(3) and (j)(4) to read as follows:
Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the Elizabeth River to the Albemarle and Chesapeake Canal.
* * * * *
(j) * * *
(1) * * *
(2) Year-round from 6:30 a.m. to 6:30 p.m., the draw need only be opened every hour on the half hour;
(3) If any vessel is approaching the bridge and cannot reach the draw exactly on the half hour, the draw tender may delay the opening ten minutes past the half hour for the passage of the approaching vessel and any other vessels that are waiting to pass;
(4) Shall open on signal at all other times.
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Dated: March 21, 2007. L.L. Hereth, Rear Admiral, United States Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E7-6146 Filed 4-5-07; 8:45 am]
BILLING CODE 4910-15-P
