[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]
[[Page 21267]]
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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
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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
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1 4 7 7 7 6 7 3 2 0 0 0 3
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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
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September 2014 October 2014 November 2014
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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
[[Page 21268]]
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