81 FR 21267 - Drawbridge Operation Regulation; Chincoteague Bay, Chincoteague, VA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 69 (April 11, 2016)

Page Range		21267-21268
FR Document		2016-08225
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.
Federal Register, Volume 81 Issue 69 (Monday, April 11, 2016)
[Federal Register Volume 81, Number 69 (Monday, April 11, 2016)]
[Rules and Regulations]
[Pages 21267-21268]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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
--------------------------------------------------------------------------------------------------------------------------------------------------------
 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
     1             4           7           7           7           6           7           3           2           0           0           0          3
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
     September 2014           October  2014            November 2014
------------------------------------------------------------------------
           3                             5                       1
------------------------------------------------------------------------

    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
21268 Federal Register / Vol. 81, No. 69 / Monday, April 11, 2016 / Rules and Regulations

Executive Orders, and we discuss First the Small Business and Agriculture complying with the National
Amendment rights of protesters. Regulatory Enforcement Ombudsman Environmental Policy Act of 1969
and the Regional Small Business (NEPA) (42 U.S.C. 4321–4370f), and
A. Regulatory Planning and Review
Regulatory Fairness Boards. The have made a determination that this
Executive Orders 12866 and 13563 Ombudsman evaluates these actions action is one of a category of actions
direct agencies to assess the costs and annually and rates each agency’s which do not individually or
benefits of available regulatory responsiveness to small business. If you cumulatively have a significant effect on
alternatives and, if regulation is wish to comment on actions by the human environment. This rule
necessary, to select regulatory employees of the Coast Guard, call 1–
approaches that maximize net benefits. simply promulgates the operating
888–REG–FAIR (1–888–734–3247). The regulations or procedures for
Executive Order 13563 emphasizes the Coast Guard will not retaliate against
importance of quantifying both costs drawbridges. This action is categorically
small entities that question or complain excluded from further review, under
and benefits, of reducing costs, of about this rule or any policy or action
harmonizing rules, and of promoting figure 2–1, paragraph (32)(e), of the
of the Coast Guard.
flexibility. This rule has not been Instruction.
designated a ‘‘significant regulatory C. Collection of Information Under figure 2–1, paragraph (32)(e), of
action,’’ under Executive Order 12866. This rule calls for no new collection the Instruction, an environmental
Accordingly, it has not been reviewed of information under the Paperwork analysis checklist and a categorical
by the Office of Management and Reduction Act of 1995 (44 U.S.C. 3501– exclusion determination are not
Budget. This rule will make a regulatory 3520). required for this rule.
burden less restrictive by allowing for
the bridge to open on signal for the D. Federalism and Indian Tribal G. Protest Activities
majority of the year. This rule takes into Government
account the reasonable needs of A rule has implications for federalism The Coast Guard respects the First
navigation while taking into account under Executive Order 13132, Amendment rights of protesters.
vehicular traffic. Federalism, if it has a substantial direct Protesters are asked to contact the
effect on the States, on the relationship person listed in the FOR FURTHER
B. Impact on Small Entities INFORMATION CONTACT section to
between the national government and
The Regulatory Flexibility Act of 1980 the States, or on the distribution of coordinate protest activities so that your
(RFA), 5 U.S.C. 601–612, as amended, power and responsibilities among the message can be received without
requires federal agencies to consider the various levels of government. We have jeopardizing the safety or security of
potential impact of regulations on small analyzed this rule under that Order and people, places or vessels.
entities during rulemaking. The term have determined that it is consistent
‘‘small entities’’ comprises small with the fundamental federalism List of Subjects in 33 CFR Part 117
businesses, not-for-profit organizations principles and preemption requirements Bridges.
that are independently owned and described in Executive Order 13132.
operated and are not dominant in their Also, this rule does not have tribal For the reasons discussed in the
fields, and governmental jurisdictions implications under Executive Order preamble, the Coast Guard amends 33
with populations of less than 50,000. 13175, Consultation and Coordination CFR part 117 as follows:
The Coast Guard received no comments with Indian Tribal Governments,
from the Small Business Administration because it does not have a substantial PART 117—DRAWBRIDGE
on this rule. The Coast Guard certifies direct effect on one or more Indian OPERATION REGULATIONS
under 5 U.S.C. 605(b) that this rule will tribes, on the relationship between the
not have a significant economic impact Federal Government and Indian tribes, ■ 1. The authority citation for part 117
on a substantial number of small or on the distribution of power and continues to read as follows:
entities. responsibilities between the Federal
While some owners or operators of Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Government and Indian tribes. Department of Homeland Security Delegation
vessels intending to transit the bridge
E. Unfunded Mandates Reform Act No. 0170.1.
may be small entities, for the reasons
stated in section IV.A above, this final The Unfunded Mandates Reform Act ■ 2. Revise 117.1005 to read as follows:
rule would not have a significant of 1995 (2 U.S.C. 1531–1538) requires
economic impact on any vessel owner Federal agencies to assess the effects of § 117.1005 Chincoteague Channel.
or operator. their discretionary regulatory actions. In
Under Section 213(a) of the Small The draw of the SR 175 Bridge, mile
particular, the Act addresses actions
Business Regulatory Enforcement 3.5, at Chincoteague shall open on
that may result in the expenditure by a
Fairness Act of 1996 (Pub. L. 104–121), State, local, or tribal government, in the demand; except from 7 a.m. to 5 p.m. on
we want to assist small entities in aggregate, or by the private sector of the last consecutive Wednesday and
understanding this rule. If the rule $100,000,000 (adjusted for inflation) or Thursday in July, the draw need not be
would affect your small business, more in any one year. Though this rule opened.
organization, or governmental will not result in such an expenditure, Dated: March 29, 2016.
jurisdiction and you have questions we do discuss the effects of this rule Stephen P. Metruck,
concerning its provisions or options for elsewhere in this preamble.
jstallworth on DSK7TPTVN1PROD with RULES

Rear Admiral, United States Coast Guard,
compliance, please contact the person
F. Environment Commander, Fifth Coast Guard District.
listed in the FOR FURTHER INFORMATION
[FR Doc. 2016–08225 Filed 4–8–16; 8:45 am]
CONTACT, above. We have analyzed this rule under
Small businesses may send comments Department of Homeland Security BILLING CODE 9110–04–P
on the actions of Federal employees Management Directive 023–01 and
who enforce, or otherwise determine Commandant Instruction M16475.lD,
compliance with, Federal regulations to which guides the Coast Guard in

VerDate Sep<11>2014 14:13 Apr 08, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4700 Sfmt 9990 E:\FR\FM\11APR1.SGM 11APR1
Document Created: 2016-04-09 00:11:16
Document Modified: 2016-04-09 00:11:16
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective May 11, 2016.
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]
FR Citation		81 FR 21267
RIN Number		1625-AA09
81 FR 21267 - Drawbridge Operation Regulation; Chincoteague Bay, Chincoteague, VA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 69 (April 11, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
