[Federal Register Volume 63, Number 105 (Tuesday, June 2, 1998)]
[Proposed Rules]
[Pages 29961-29963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14452]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[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.

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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.


[[Page 29962]]



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.

[[Page 29963]]

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

    1. 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.

    2. 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. 98-14452 Filed 6-1-98; 8:45 am]
BILLING CODE 4910-15-M