Drawbridge Operation Regulations; Chincoteague Channel, Chincoteague, VA, 66669-66673 [06-9237]
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Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations
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 rule would not result in
such an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect 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 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 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 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.
rmajette on PROD1PC67 with RULES1
Energy Effects
15:50 Nov 15, 2006
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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have considered the
environmental impact of this rule and
concluded that, under figure 2–1,
paragraph 34(f), of Commandant
Instruction M16475.1D, this rule is
categorically excluded from further
environmental documentation. A final
‘‘Categorical Exclusion Determination’’
and a final ‘‘Environmental Analysis
Check List’’ are available in the docket
for inspection or copying where
indicated under ADDRESSES. This rule
fits the category selected from paragraph
(34)(f) as it would expand a special
anchorage area.
List of Subjects in 33 CFR Part 110
Anchorage grounds.
PART 110—ANCHORAGE
REGULATIONS
1. The authority citation for part 110
continues to read as follows:
Jkt 211001
Authority: 33 U.S.C. 471; 1221 through
1236, 2030, 2035 and 2071; 33 CFR 1.05–1(g);
and Department of Homeland Security
Delegation No. 0170.1.
2. Amend § 110.5, by revising
paragraph (d) to read as follows:
I
§ 110.5
Casco Bay, Maine.
*
*
*
*
*
(d) Mussel Cove and adjacent waters
at Falmouth Foreside, Falmouth. All of
the waters enclosed by a line beginning
at the Dock House (F.S.) located at
latitude 43°44′22″ N, longitude
70°11′41″ W; thence to latitude
43°44′19″ N, longitude 70°11′33″ W;
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thence to latitude 43°44′00″ N,
longitude 70°11′44″ W; thence to
latitude 43°43′37″ N, longitude
70°11′37″ W; thence to latitude
43°43′04″ N, longitude 70°12′13″ W;
thence to latitude 43°41′56″ N,
longitude 70°12′53″ W; thence to
latitude 43°41′49″ N, longitude
70°13′05″ W; thence to latitude
43°42′11″ N, longitude 70°13′30″ W;
thence along the shoreline to the point
of beginning. DATUM: NAD 83.
Note to paragraph (d). The area designed
by paragraph (g) of this section is reserved for
yachts and other small recreational craft.
Fore and aft moorings will be allowed in this
area. Temporary floats or buoys for marking
anchors or moorings in place will be allowed.
Fixed mooring piles or stakes are prohibited.
All moorings must be so placed so that no
vessel when anchored is at any time
extended into the thoroughfare. All
anchoring in the area is under the
supervision of the local harbor master or
such other authority as may be designated by
the authorities of the Town of Falmouth,
Maine.
*
*
*
*
*
Dated: October 30, 2006.
Timothy S. Sullivan,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. E6–19315 Filed 11–15–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD05–06–002]
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 110 as follows:
I
I
We have analyzed this 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.
VerDate Aug<31>2005
Technical Standards
66669
RIN 1625–AA09
Drawbridge Operation Regulations;
Chincoteague Channel, Chincoteague,
VA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is changing
the drawbridge operation regulations
that govern the SR 175 Bridge, at mile
3.5, across Chincoteague Channel at
Chincoteague Island, Virginia. This
change is necessary to help relieve
vehicular traffic congestion and reduce
traffic delays while still balancing the
needs of marine and vehicular traffic.
DATES: This rule is effective
December 18, 2006.
ADDRESSES: Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket CGD05–06–002 and will be
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Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations
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. The Fifth Coast Guard District
maintains the public docket for this
rulemaking.
Gary
S. Heyer, Bridge Management Specialist,
Fifth Coast Guard District, at (757) 398–
6629.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Regulatory History
On June 28, 2004, we published a
notice of temporary deviation from the
regulations and request for comments
entitled ‘‘Drawbridge Operation
Regulations; Chincoteague Channel,
VA’’ in the Federal Register (69 FR
36011). The temporary deviation was in
operation to test an alternate drawbridge
operation schedule for 90 days and
solicit comments from the public. From
July 2, 2004 through September 29,
2004, the draw of the bridge opened
every two hours on the even hour from
6 a.m. to midnight; except from 7 a.m.
to 5 p.m., on the last consecutive
Wednesday and Thursday in July, the
draw needed not be opened. At all other
times, the draw needed not open. The
Coast Guard received six letters and four
petitions commenting on the provisions
of the temporary deviation.
On December 30, 2004, the Coast
Guard published a notice of proposed
rulemaking (NPRM) entitled
‘‘Drawbridge Operation Regulation;
Chincoteague Channel, Chincoteague,
VA’’ in the Federal Register (69 FR
78373). The NPRM allowed hourly
openings of the draw year-round from
6 a.m. to midnight; except from 7 a.m.
to 5 p.m. on the last consecutive
Wednesday and Thursday in July of
every year, the draw needed not be
opened. At all other times, the draw
needed not open. We received six
comments on the NPRM.
On April 18, 2005, the Coast Guard
published a final rule entitled
‘‘Drawbridge Operation Regulation;
Chincoteague Channel, Chincoteague,
VA’’ in the Federal Register (70 FR
20051). The final rule required the draw
to open on demand from midnight to
6 a.m., and on the hour from 6 a.m. to
midnight, except from 7 a.m. to 5 p.m.
on the last consecutive Wednesday and
Thursday in July of every year, the draw
needed not be opened.
We published an NPRM on April 13,
2006, entitled ‘‘Drawbridge Operation
Regulations; Chincoteague Channel,
Chincoteague, VA’’ in the Federal
Register (71 FR 19150). The NPRM
would allow the bridge to open on
demand from midnight to 6 a.m., and
every hour and a half from 6 a.m. to
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. The comment period ended on
May 30, 2006. We received 557
comments to the NPRM.
On June 26, 2006, we published a
notice; request for comments and notice
of public meeting in the Federal
Register (71 FR 36297). On July 18,
2006, we held a public meeting at the
Chincoteague Community Center,
Chincoteague Island, Virginia. We
accepted written comments from the
public until July 21, 2006.
Background and Purpose
Current regulations require the SR 175
Bridge, at mile 3.5, across Chincoteague
Channel to open on demand from
midnight to 6 a.m. and on the hour from
6 a.m. to midnight, except the draw
shall remain in the closed position to
vessels from 7 a.m. to 5 p.m. on the last
consecutive Wednesday and Thursday
in July of every year.
In October 2005, the Chincoteague
Town Council adopted a resolution that
requested a change in the scheduled
openings of the bridge. The resolution
details the Town’s concerns based on
the following factors: The number of
openings have actually increased since
the last modification; the boats north of
the bridge frequently sail and return
one-at-a-time; due to inconsistencies in
the openings, the Town of Chincoteague
has received many complaints from
motorists; and openings on the even
hours as needed will not significantly
impact the boaters. Additionally, in
September 2005, we were advised of an
incident in which ambulance services
were unable to transit the drawbridge
due to a vessel opening request. The
ambulance service was further delayed
because during closing procedures the
drawbridge experienced mechanical
problems. The Coast Guard drawbridge
operating regulations already address
the emergency situations, so no changes
are needed to the operating regulations
to address that concern. 33 CFR Part
117.31(a)—Operation of draw for
emergency situations—states that
‘‘When a draw tender is informed by a
reliable source that an emergency
vehicle is due to cross the draw, the
draw tender shall take all reasonable
measures to have the draw closed at the
time the emergency vehicle arrives at
the bridge’’.
Based on the request from the
Chincoteague Town Council, we
published a NPRM on April 13, 2006,
entitled ‘‘Drawbridge Operation
Regulations; Chincoteague Channel,
Chincoteague, VA’’ in the Federal
Register (71 FR 19150). The NPRM
would allow the bridge to open on
demand from midnight to 6 a.m., and
every one and a half hours from 6 a.m.
to 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. The proposed
change would reduce vehicular traffic
congestion while still balancing the
needs of marine and vehicular traffic.
The comment period ended on May 30,
2006.
After the comment period ended on
May 30, 2006, an Accomack County
official communicated to the Coast
Guard that residents of Chincoteague
had additional comments concerning
the operating regulations of the
drawbridge. Based on this request we
held a public meeting at the
Chincoteague Community Center, at
Chincoteague Island, Virginia. We
accepted written comments from the
public until July 21, 2006.
The Coast Guard also reviewed the
bridge logs provided by VDOT. There
were approximately 1919 bridge
openings in 2005 over a six-month
period (May, June, July, August,
September and October) (See Table A);
and in 2006, for the same six-month
period, there were approximately 1359
bridge openings. (See Table B).
TABLE A
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Bridge Openings for 2005
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
62
112
60
163
453
330
316
317
291
212
200
134
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Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations
66671
TABLE A—Continued
Bridge Openings for 2005
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
622
377
368
268
160
Boat Passages for 2005
56
122
61
187
642
606
559
TABLE B
Bridge Openings for 2006
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
134
141
82
181
359
271
265
236
122
106
NA
NA
361
145
125
NA
NA
Boat Passages for 2006
167
177
88
279
710
Annually, there are between 66 and
90 commercial fishing vessels that are
dependent on regular drawbridge
openings to access docking facilities to
unload their product. Depending on the
season, these vessels regularly unload
multiple seafood catches a day because
of trip catch limits. The Virginia Natural
Resources Department provided
Fisheries landing data from 2002 to
2005 for Accomack County. This data
supports an overall increase in the
pounds of seafood unloaded and the
monetary value which supports the
economic base for the surrounding area.
(See Table C)
TABLE C.—SUMMARY OF FISHERIES
DATA—ACCOMACK COUNTY
2002
2003
2004
2005
.......
.......
.......
.......
1 11,238,247
1 11,304,169
1 12,829,955
1 10,693,540
$9,811,727
10,900,731
13,745,649
12,369,899
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1 Pounds.
During the late spring, summer and
early fall months, the number of
vacationers and commercial fishing
vessels (often scallop boats) that utilize
the SR 175 Bridge is ever-increasing.
The average resident population in the
Town of Chincoteague is approximately
5,000. However, in the summertime
with vacationers, the average population
on Chincoteague Island is about 15,000.
A proposed seasonal schedule was
considered as an option, where the
drawbridge would open for vessels
every two hours during the spring and
summer months; and hourly during the
fall and winter months. However, the
data shows that the peak commercial
fishing period and delivery times are in
direct conflict with the peak tourist and
travel season on Chincoteague Island.
Therefore, this option was not chosen.
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15:50 Nov 15, 2006
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460
431
Discussion of Comments and Changes
The Coast Guard received 554
comments to the NPRM published on
April 13, 2006 (71 FR 19150). The
comments included 540 letters, one
petition, two e-mail comments, and 14
oral remarks presented at the public
meeting.
The vast majority of the letters (471)
were mass-produced form letters signed
by residents. In addition, there were 60
letters from fishermen and small
businesses. Six letters were from State
and Town officials (two letters each
from an Accomack County Supervisor,
and the Town Manager of Chincoteague;
with one letter each from a Virginia
House Delegate, and an official with the
Virginia Department of Transportation
(VDOT)). Two separate comments were
supplied on one e-mail message.
A majority of comments from
residents of the Town of Chincoteague
favored a two-hour opening schedule of
the drawbridge from 6 a.m. to midnight.
Commercial vessel owners and small
businesses preferred hourly openings.
However, the commercial vessel owners
and small businesses commented that
they can manage their establishments
and vessels under the proposal to open
every one and a half hour from 6 a.m.
to midnight. Eight of the 14 oral remarks
that were offered at the public meeting
favored a two-hour opening schedule of
the drawbridge from 6 a.m. to midnight,
and 6 supported openings every one and
a half hour from 6 a.m. to midnight.
The State and Town officials asserted
their concerns that the bridge has
exceeded its useful design life, that the
increase in vessel traffic to the area has
had a serious impact on the wear and
tear of the bridge, and that reducing the
number of vessel openings will assist
VDOT in maintaining the mechanical
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condition of the bridge until a
replacement bridge is complete.
It is the duty of the owner and
operator of a drawbridge, VDOT in this
case, to maintain the operating
machinery in a serviceable condition
and to provide for the safe and prompt
opening of the drawbridge according to
the operating regulations. The Coast
Guard may not issue regulations for the
purpose of relieving the owner or
operator of the duty to properly
maintain or operate the draw span
solely because of financial hardship, or
to save wear and tear on the structure
or machinery, unless there is clearly
documented evidence that there is little
or no need for bridge openings. The data
shows that mariners still require
continued openings of the SR 175
Bridge over Chincoteague Channel, so
the wear and tear on the bridge will not
be considered as a factor in establishing
the operating regulations.
Based on all of the comments
received, we will implement a final rule
with no changes to the NPRM. Under
this final rule, the draw will 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 open.
To minimize uncertainty and to assist
in the transition to the new operating
schedule of the drawbridge, the Coast
Guard will print and distribute flyers
providing the new opening times to
residents and business owners. Officials
with VDOT are required to post signs on
the bridge for mariners with the
operating schedule, including the
opening times from 6 a.m. to midnight.
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Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations
This final rule will help address
vehicular traffic congestion and reduce
traffic delays while still providing for
the reasonable needs of navigation.
Discussion of Rule
The Coast Guard amends 33 CFR
117.1005, by inserting a new provision
to require the draw to open on demand
from midnight to 6 a.m., and every one
and a half hour 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
open.
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Regulatory Evaluation
This 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).
This conclusion based on the fact that
the changes will 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 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 rule would not
have a significant economic impact on
a substantial number of small entities.
This conclusion is based on the fact
the 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 delays. In
addition, the comments received from
mariners suggest that they can
accommodate the change in the
schedule.
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15:50 Nov 15, 2006
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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 rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
No assistance was requested from any
small entity.
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.).
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 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 rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This 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 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 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.
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Indian Tribal Governments
This 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 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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded 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, this rule is categorically
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Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations
excluded, under figure 2–1, paragraph
(32)(e) of the Instruction, from further
environmental documentation because
it has been determined that the
promulgation of operating regulations
for drawbridges are categorically
excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation
No. 0170.1; section 117.255 also issued under
the authority of Pub. L. 102–587, 106 Stat.
5039.
2. § 117.1005 is revised to read as
follows:
I
§ 117.1005
Chincoteague Channel.
The draw of the SR 175 Bridge, mile
3.5, at Chincoteague shall 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.
Dated: November 1, 2006.
L.L. Hereth,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. 06–9237 Filed 11–15–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–06–130]
rmajette on PROD1PC67 with RULES1
Drawbridge Operation
Regulations;Long Island, New York
Inland Waterway from East Rockaway
Inlet to Shinnecock Canal, Jones
Beach, NY
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
VerDate Aug<31>2005
17:16 Nov 15, 2006
Jkt 211001
deviation from the regulation governing
the operation of the Loop Parkway
Bridge across Long Creek at mile 0.7, at
Jones Beach, New York. Under this
temporary deviation, the Loop Parkway
Bridge need not open for the passage of
vessel traffic from 8:30 a.m. through
11:30 a.m. and 1:30 p.m. through 4:30
p.m., daily, from November 5, 2006
through December 20, 2006. A single
bridge opening for all inbound
commercial fishing vessels shall be
provided, if a request to open the bridge
is given, during the 1:30 p.m. to 4:30
p.m. bridge closure period. This
deviation is necessary to facilitate
scheduled bridge maintenance.
DATES: This deviation is effective from
November 5, 2006 through December
20, 2006.
ADDRESSES: Materials referred to in this
document are available for inspection or
copying at the First Coast Guard
District, Bridge Branch Office, One
South Street, New York, New York,
10004, between 7 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is (212)
668–7165. The First Coast Guard
District Bridge Branch Office maintains
the public docket for this temporary
deviation.
Judy
Leung-Yee, Project Officer, First Coast
Guard District, at (212) 668–7195.
SUPPLEMENTARY INFORMATION: The Loop
Parkway Bridge, across Long Creek at
mile 0.7, at Jones Beach, New York, has
a vertical clearance in the closed
position of 21 feet at mean high water
and 25 feet at mean low water. The
existing drawbridge operation
regulations are listed at 33 CFR
117.799(f).
The owner of the bridge, New York
State Department of Transportation,
requested a temporary deviation to
complete bridge painting operations.
The bridge will not be able to open
while the bridge painting operation is
underway.
Under this temporary deviation, the
Loop Parkway Bridge across Long Creek
at mile 0.7, need not open for the
passage of vessel traffic from 8:30 a.m.
through 11:30 a.m. and from 1:30 p.m.
through 4:30 p.m., daily, from
November 5, 2006 through December
20, 2006. All inbound commercial
fishing vessels shall be provided a
single bridge opening during the 1:30
p.m. through 4:30 p.m. bridge closure
period each day provided a bridge
opening request is given by calling the
number posted at the bridge.
In accordance with 33 CFR 117.35(c),
this work will be performed with all due
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
66673
speed in order to return the bridge to
normal operation as soon as possible.
Should the bridge maintenance
authorized by this temporary deviation
be completed before the end of the
effective period published in this notice,
the Coast Guard will rescind the
remainder of this temporary deviation,
and the bridge shall be returned to its
normal operating schedule. Notice of
the above action shall be provided to the
public in the Local Notice to Mariners
and the Federal Register, where
practicable.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: 31 October 2006.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E6–19313 Filed 11–15–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–06–122]
RIN 1625–AA09
Drawbridge Operation Regulations;
Thames River, New London, CT
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard has
temporarily changed the drawbridge
operation regulations that govern the
Amtrak Bridge across the Thames River,
mile 0.8, at New London, Connecticut.
This temporary final rule allows the
bridge owner to open the bridge on a
temporary opening schedule from
November 15, 2006 through May 15,
2007. This temporary final rule is
necessary to facilitate bridge pier
repairs.
This rule is effective from
November 15, 2006 through May 15,
2007.
DATES:
Comments and material
received from the public, as well as
documents indicated in this preamble as
being available in the docket, are part of
docket (CGD01–06–122) and are
available for inspection or copying at
the First Coast Guard District, Bridge
Branch Office, one South Street, New
York, New York, between 7 a.m. and 3
p.m., Monday through Friday, except
Federal holidays.
ADDRESSES:
E:\FR\FM\16NOR1.SGM
16NOR1
]]>Agencies
[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Rules and Regulations]
[Pages 66669-66673]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9237]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-06-002]
RIN 1625-AA09
Drawbridge Operation Regulations; Chincoteague Channel,
Chincoteague, VA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the drawbridge operation
regulations that govern the SR 175 Bridge, at mile 3.5, across
Chincoteague Channel at Chincoteague Island, Virginia. This change is
necessary to help relieve vehicular traffic congestion and reduce
traffic delays while still balancing the needs of marine and vehicular
traffic.
DATES: This rule is effective December 18, 2006.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-06-002 and will be
[[Page 66670]]
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. The Fifth Coast Guard District maintains the public
docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Gary S. Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6629.
SUPPLEMENTARY INFORMATION:
Regulatory History
On June 28, 2004, we published a notice of temporary deviation from
the regulations and request for comments entitled ``Drawbridge
Operation Regulations; Chincoteague Channel, VA'' in the Federal
Register (69 FR 36011). The temporary deviation was in operation to
test an alternate drawbridge operation schedule for 90 days and solicit
comments from the public. From July 2, 2004 through September 29, 2004,
the draw of the bridge opened every two hours on the even hour from 6
a.m. to midnight; except from 7 a.m. to 5 p.m., on the last consecutive
Wednesday and Thursday in July, the draw needed not be opened. At all
other times, the draw needed not open. The Coast Guard received six
letters and four petitions commenting on the provisions of the
temporary deviation.
On December 30, 2004, the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled ``Drawbridge Operation Regulation;
Chincoteague Channel, Chincoteague, VA'' in the Federal Register (69 FR
78373). The NPRM allowed hourly openings of the draw year-round from 6
a.m. to midnight; except from 7 a.m. to 5 p.m. on the last consecutive
Wednesday and Thursday in July of every year, the draw needed not be
opened. At all other times, the draw needed not open. We received six
comments on the NPRM.
On April 18, 2005, the Coast Guard published a final rule entitled
``Drawbridge Operation Regulation; Chincoteague Channel, Chincoteague,
VA'' in the Federal Register (70 FR 20051). The final rule required the
draw to open on demand from midnight to 6 a.m., and on the hour from 6
a.m. to midnight, except from 7 a.m. to 5 p.m. on the last consecutive
Wednesday and Thursday in July of every year, the draw needed not be
opened.
We published an NPRM on April 13, 2006, entitled ``Drawbridge
Operation Regulations; Chincoteague Channel, Chincoteague, VA'' in the
Federal Register (71 FR 19150). The NPRM would allow the bridge to open
on demand from midnight to 6 a.m., and every hour and a half from 6
a.m. to 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. The
comment period ended on May 30, 2006. We received 557 comments to the
NPRM.
On June 26, 2006, we published a notice; request for comments and
notice of public meeting in the Federal Register (71 FR 36297). On July
18, 2006, we held a public meeting at the Chincoteague Community
Center, Chincoteague Island, Virginia. We accepted written comments
from the public until July 21, 2006.
Background and Purpose
Current regulations require the SR 175 Bridge, at mile 3.5, across
Chincoteague Channel to open on demand from midnight to 6 a.m. and on
the hour from 6 a.m. to midnight, except the draw shall remain in the
closed position to vessels from 7 a.m. to 5 p.m. on the last
consecutive Wednesday and Thursday in July of every year.
In October 2005, the Chincoteague Town Council adopted a resolution
that requested a change in the scheduled openings of the bridge. The
resolution details the Town's concerns based on the following factors:
The number of openings have actually increased since the last
modification; the boats north of the bridge frequently sail and return
one-at-a-time; due to inconsistencies in the openings, the Town of
Chincoteague has received many complaints from motorists; and openings
on the even hours as needed will not significantly impact the boaters.
Additionally, in September 2005, we were advised of an incident in
which ambulance services were unable to transit the drawbridge due to a
vessel opening request. The ambulance service was further delayed
because during closing procedures the drawbridge experienced mechanical
problems. The Coast Guard drawbridge operating regulations already
address the emergency situations, so no changes are needed to the
operating regulations to address that concern. 33 CFR Part 117.31(a)--
Operation of draw for emergency situations--states that ``When a draw
tender is informed by a reliable source that an emergency vehicle is
due to cross the draw, the draw tender shall take all reasonable
measures to have the draw closed at the time the emergency vehicle
arrives at the bridge''.
Based on the request from the Chincoteague Town Council, we
published a NPRM on April 13, 2006, entitled ``Drawbridge Operation
Regulations; Chincoteague Channel, Chincoteague, VA'' in the Federal
Register (71 FR 19150). The NPRM would allow the bridge to open on
demand from midnight to 6 a.m., and every one and a half hours from 6
a.m. to 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. The
proposed change would reduce vehicular traffic congestion while still
balancing the needs of marine and vehicular traffic. The comment period
ended on May 30, 2006.
After the comment period ended on May 30, 2006, an Accomack County
official communicated to the Coast Guard that residents of Chincoteague
had additional comments concerning the operating regulations of the
drawbridge. Based on this request we held a public meeting at the
Chincoteague Community Center, at Chincoteague Island, Virginia. We
accepted written comments from the public until July 21, 2006.
The Coast Guard also reviewed the bridge logs provided by VDOT.
There were approximately 1919 bridge openings in 2005 over a six-month
period (May, June, July, August, September and October) (See Table A);
and in 2006, for the same six-month period, there were approximately
1359 bridge openings. (See Table B).
Table A
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bridge Openings for 2005
---------------------------------------------------------------------------------------------------------------------------------------------------------
JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC
--------------------------------------------------------------------------------------------------------------------------------------------------------
62 112 60 163 453 330 316 317 291 212 200 134
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 66671]]
Boat Passages for 2005
--------------------------------------------------------------------------------------------------------------------------------------------------------
56 122 61 187 642 606 559 622 377 368 268 160
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table B
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bridge Openings for 2006
---------------------------------------------------------------------------------------------------------------------------------------------------------
JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC
--------------------------------------------------------------------------------------------------------------------------------------------------------
134 141 82 181 359 271 265 236 122 106 NA NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boat Passages for 2006
--------------------------------------------------------------------------------------------------------------------------------------------------------
167 177 88 279 710 460 431 361 145 125 NA NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annually, there are between 66 and 90 commercial fishing vessels
that are dependent on regular drawbridge openings to access docking
facilities to unload their product. Depending on the season, these
vessels regularly unload multiple seafood catches a day because of trip
catch limits. The Virginia Natural Resources Department provided
Fisheries landing data from 2002 to 2005 for Accomack County. This data
supports an overall increase in the pounds of seafood unloaded and the
monetary value which supports the economic base for the surrounding
area. (See Table C)
Table C.--Summary of Fisheries Data--Accomack County
------------------------------------------------------------------------
------------------------------------------------------------------------
2002.................................... \1\ 11,238,247 $9,811,727
2003.................................... \1\ 11,304,169 10,900,731
2004.................................... \1\ 12,829,955 13,745,649
2005.................................... \1\ 10,693,540 12,369,899
------------------------------------------------------------------------
\1\ Pounds.
During the late spring, summer and early fall months, the number of
vacationers and commercial fishing vessels (often scallop boats) that
utilize the SR 175 Bridge is ever-increasing. The average resident
population in the Town of Chincoteague is approximately 5,000. However,
in the summertime with vacationers, the average population on
Chincoteague Island is about 15,000. A proposed seasonal schedule was
considered as an option, where the drawbridge would open for vessels
every two hours during the spring and summer months; and hourly during
the fall and winter months. However, the data shows that the peak
commercial fishing period and delivery times are in direct conflict
with the peak tourist and travel season on Chincoteague Island.
Therefore, this option was not chosen.
Discussion of Comments and Changes
The Coast Guard received 554 comments to the NPRM published on
April 13, 2006 (71 FR 19150). The comments included 540 letters, one
petition, two e-mail comments, and 14 oral remarks presented at the
public meeting.
The vast majority of the letters (471) were mass-produced form
letters signed by residents. In addition, there were 60 letters from
fishermen and small businesses. Six letters were from State and Town
officials (two letters each from an Accomack County Supervisor, and the
Town Manager of Chincoteague; with one letter each from a Virginia
House Delegate, and an official with the Virginia Department of
Transportation (VDOT)). Two separate comments were supplied on one e-
mail message.
A majority of comments from residents of the Town of Chincoteague
favored a two-hour opening schedule of the drawbridge from 6 a.m. to
midnight. Commercial vessel owners and small businesses preferred
hourly openings. However, the commercial vessel owners and small
businesses commented that they can manage their establishments and
vessels under the proposal to open every one and a half hour from 6
a.m. to midnight. Eight of the 14 oral remarks that were offered at the
public meeting favored a two-hour opening schedule of the drawbridge
from 6 a.m. to midnight, and 6 supported openings every one and a half
hour from 6 a.m. to midnight.
The State and Town officials asserted their concerns that the
bridge has exceeded its useful design life, that the increase in vessel
traffic to the area has had a serious impact on the wear and tear of
the bridge, and that reducing the number of vessel openings will assist
VDOT in maintaining the mechanical condition of the bridge until a
replacement bridge is complete.
It is the duty of the owner and operator of a drawbridge, VDOT in
this case, to maintain the operating machinery in a serviceable
condition and to provide for the safe and prompt opening of the
drawbridge according to the operating regulations. The Coast Guard may
not issue regulations for the purpose of relieving the owner or
operator of the duty to properly maintain or operate the draw span
solely because of financial hardship, or to save wear and tear on the
structure or machinery, unless there is clearly documented evidence
that there is little or no need for bridge openings. The data shows
that mariners still require continued openings of the SR 175 Bridge
over Chincoteague Channel, so the wear and tear on the bridge will not
be considered as a factor in establishing the operating regulations.
Based on all of the comments received, we will implement a final
rule with no changes to the NPRM. Under this final rule, the draw will
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 open.
To minimize uncertainty and to assist in the transition to the new
operating schedule of the drawbridge, the Coast Guard will print and
distribute flyers providing the new opening times to residents and
business owners. Officials with VDOT are required to post signs on the
bridge for mariners with the operating schedule, including the opening
times from 6 a.m. to midnight.
[[Page 66672]]
This final rule will help address vehicular traffic congestion and
reduce traffic delays while still providing for the reasonable needs of
navigation.
Discussion of Rule
The Coast Guard amends 33 CFR 117.1005, by inserting a new
provision to require the draw to open on demand from midnight to 6
a.m., and every one and a half hour 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 open.
Regulatory Evaluation
This 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).
This conclusion based on the fact that the changes will 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 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 rule
would not have a significant economic impact on a substantial number of
small entities.
This conclusion is based on the fact the 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 delays. In addition, the
comments received from mariners suggest that they can accommodate the
change in the schedule.
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 rule so that they can better evaluate
its effects on them and participate in the rulemaking process. No
assistance was requested from any small entity.
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.).
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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This 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 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 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 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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, this rule is categorically
[[Page 66673]]
excluded, under figure 2-1, paragraph (32)(e) of the Instruction, from
further environmental documentation because it has been determined that
the promulgation of operating regulations for drawbridges are
categorically excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
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(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Sec. 117.1005 is revised 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 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.
Dated: November 1, 2006.
L.L. Hereth,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 06-9237 Filed 11-15-06; 8:45 am]
BILLING CODE 4910-15-P
