[Federal Register Volume 60, Number 48 (Monday, March 13, 1995)]
[Proposed Rules]
[Pages 13395-13396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6032]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD05-94-117]


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Chesapeake, VA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Albemarle and Chesapeake Railroad 
Company, the Coast Guard is proposing to change the regulations that 
govern the operation of the drawbridge across the Albemarle and 
Chesapeake Canal, Atlantic Intracoastal Waterway, mile 13.9, at 
Chesapeake, Virginia, by leaving the draw in the open position except 
for the passage of trains. The proposed changes to these regulations 
are, to the extent practical and feasible, intended to relieve the 
bridgeowners of the burden of having a person constantly available to 
open the draw while still providing for the reasonable needs of 
navigation.

DATES: Comments must be received on or before May 12, 1995.

ADDRESSES: Comments may be mailed to Commander (ob), Fifth Coast Guard 
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, or may 
be delivered to room 109 at the same address between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(804) 398-6222. Comments will become part of this docket and will be 
available for inspection at room 109, Fifth Coast Guard District.

FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator, 
Fifth Coast Guard District, at (804) 398-6222.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD05-94-117) and the specific section of 
this proposal to which each comment applies, and give the reason 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 not practical, a 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 proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Commander (ob) at the address 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.

    Drafting Information: The principal persons involved in drafting 
this document are Linda L. Gilliam, Project Manager, Bridge Section, 
and LCDR C. A. Abel, Project Counsel, Fifth Coast Guard District 
Legal Office.

Background and Purpose

    The Albemarle and Chesapeake Railroad Company has requested that 
the regulations for the drawbridge across the Albemarle and Chesapeake 
Canal, Atlantic Intracoastal Waterway, mile 13.9, in Chesapeake, 
Virginia, be changed to allow them to leave the bridge in the open 
position, except when a train is passing over the bridge. Since the 
bridge would be left in the open position, a bridge tender would only 
be available to close the bride for a train crossing, and, after the 
train cleared, to reopen the bridge to navigation.
    The current regulations require the bridge to open on demand. These 
regulations require a full-time bridge tender. Leaving the bridge open, 
except for the passage of trains, alleviates the need for a full-time 
bridge tender.
    The Albemarle and Chesapeake Railroad Company originally requested 
that the Coast Guard change the current regulations by leaving the draw 
closed to navigation, Monday through Friday, from 12 noon to 2:30 p.m., 
with openings only for emergencies. At all other times, the bridge 
would remain in the open position except for the passage of trains. 
This request was denied because of the proposed hours of bridge 
closures were considered too restrictive to recreational and commercial 
navigation, since the bridge is located across the busy Atlantic 
Intracoastal Waterway.
    As a result of the Coast Guard's denial, the Albemarle and 
Chesapeake Railroad Company requested a meeting with the Coast Guard, 
Union Camp, the Mayor of Elizabeth City, and local Coast Guard 
Auxilarists to discuss a new operating schedule for the railroad 
bridge. Since the railroad company was not receptive to employing a 
full-time bridge tender, all in attendance agreed that the most 
acceptable schedule would be to leave the bridge in the open position, 
except for the passage of trains. This would eliminate the need for a 
full-time bridge tender; however, this proposed schedule would require 
the railroad company to employ a part-time bridge tender to operate the 
drawspan.
    In developing this proposed schedule, the Coast Guard considered 
all views, and believes this proposed rule will not unduly restrict 
commercial and recreational traffic, since the bridge will be left in 
the open position, except for the passage of trains.

Regulatory Evaluation

    This proposed action 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 expects the 
economic impact of this proposal to be so minimal that a full 
Regulatory Evaluation under paragraph 10e of the regulatory policies 
and procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include 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 proposal, 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 requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.). [[Page 13396]] 

Federalism

    The Coast Guard has analyzed this proposal under the principals and 
criteria contained in Executive Order 12612, and it has been determined 
that this proposal will not have 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.e.(32)(e) of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation. A Categorical Exclusion 
Determination statement and checklist has been prepared and placed in 
the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend part 117 of title 33, Code of Federal Regulations to read 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).

    2. In Sec. 117.997, paragraph (g) is redesignated as (h) and a new 
paragraph (g) is added to read as follows:


Sec. 117.997  Atlantic Intracoastal Waterway, South Branch of the 
Elizabeth River to the Albemarle and Chesapeake Canal.

* * * * *
    (g) The draw of the Albemarle & Chesapeake Railroad bridge, mile 
13.9, in Chesapeake, Virginia, shall be maintained in the open 
position; the draw may close only for the crossing of trains and 
maintenance of the bridge. When the draw is closed, a bridgetender 
shall be present to reopen the draw after the train has cleared the 
bridge.
* * * * *
    Dated: January 20, 1995.
M.K. Cain,
Captain, U.S. Coast Guard, Commander, Fifth Coast Guard District, 
Acting.
[FR Doc. 95-6032 Filed 3-10-95; 8:45 am]
BILLING CODE 4910-14-M