[Federal Register Volume 74, Number 195 (Friday, October 9, 2009)]
[Rules and Regulations]
[Pages 52143-52144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24486]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0754]


Drawbridge Operation Regulations; Elizabeth River, Eastern 
Branch, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

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SUMMARY: The Commander, Fifth Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
Berkley Bridge across the Eastern Branch of the Elizabeth River, mile 
0.4, at Norfolk, Virginia. This deviation will test a change in the 
drawbridge operation schedule to determine whether a schedule change is 
needed.

DATES: This deviation is effective from 9 a.m. on October 9, 2009 
through 2:30 p.m. on March 9, 2010.
    Comments and related material must be received by the Coast Guard 
on or before December 8, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0754 using any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax: 202-493-2251.
     Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    To avoid duplication, please use only one of these methods. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Waverly Gregory, Bridge Administrator, Fifth Coast 
Guard District, telephone 757-398-6222, e-mail 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0754), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an e-mail address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Keyword'' box insert ``USCG-2009-0754,'' 
click ``Search,'' and then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than

[[Page 52144]]

8\1/2\ by 11 inches, suitable for copying and electronic filing. If you 
submit them by mail and would like to know that they reached the 
Facility, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2009-0754'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    On behalf of the Cities of Chesapeake and Norfolk, Virginia, the 
Virginia Department of Transportation (VDOT) who owns and operates the 
lift-type Berkley Bridge has requested a temporary deviation to the 
existing bridge regulations. The normal operating schedule allows the 
Berkley Bridge, mile 0.4, with a vertical clearance of 48 feet at mean 
high tide in Norfolk, Virginia, to remain closed one hour prior to the 
published start of a scheduled marine event regulated under 33 CFR 
100.501, and remain closed until one hour following the completion of 
the event unless the Patrol Commander designated under Sec.  100.501 
allows the bridge to open for commercial vessel traffic. In addition, 
the bridge shall open on signal any time except from 5 a.m. to 9 a.m. 
and from 3 p.m. to 7 p.m., Monday through Friday, except Federal 
holidays, and shall open at any time for vessels with a draft of 18 
feet or more, provided that at least 6 hours advance notice has been 
given to the Berkley Bridge Traffic Control Room at (757) 494-2490 as 
required by 33 CFR 117.1007(b) and (c).
    Vessel traffic on this waterway consists of pleasure craft, tug and 
barge traffic, and ships with assist tugs seeking repair yards. There 
is no alternate waterway route around the bridge.
    Due to the temporary closure of two area bridges, this bridge and 
its approaches has experienced vehicular traffic back-ups, delays, and 
congestion. By adjusting the scheduled bridge openings, we anticipate a 
decrease in vehicular traffic congestion during the daytime hours. 
During this test deviation, VDOT will gather data from the scheduled 
openings, along with vessel counts, to compare, evaluate, and monitor 
both old and new traffic patterns in hope of reducing roadway 
congestion on the bridge and local commuting area by adjusting bridge 
openings to ensure any future regulation will not have a significant 
impact on navigation.
    The Berkley Bridge is the principle arterial route in and out of 
the City of Norfolk and serves as the major evacuation highway in the 
event of emergencies. According to vehicular traffic counts submitted 
by VDOT for the last quarter of calendar year 2008 the average daily 
traffic volumes at the Berkley Bridge are as shown below:

October...................      2008    83,296  vehicles.
November..................      2008    99,643  vehicles.
December..................      2008   106,856  vehicles.
 

    The traffic counts reveal that from October 2008 to December 2008, 
the Berkley Bridge has experienced a seven percent (or 23,560-car) 
increase in traffic flow during the morning and evening rush hours. The 
Coast Guard anticipates a continued increase in vehicular traffic over 
the bridge due to the previously referenced temporary closure of two 
area bridges and and anticipates that traffic will subside when those 
bridges return to service.
    A Notice of Proposed Rulemaking, USCG-2009-0754, is being issued in 
conjunction with this Temporary Deviation to obtain additional public 
comments.
    The Coast Guard will evaluate public comments from this Temporary 
Test Deviation and the above-referenced Notice of Proposed Rulemaking 
to determine if a proposed temporary change to the drawbridge operating 
regulation is warranted for the duration of the project.

The Test Schedule

    From 9 a.m. on October 9, 2009 through 2:30 p.m. on March 9, 2010, 
the draw shall open on signal at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m., 
Monday through Friday, except Federal holidays. At all other times, the 
drawbridge will operate in accordance with the current operating 
regulations outlined in 33 CFR 117.1007(b) and (c).
    During this test deviation, VDOT will gather data from the 
scheduled openings, along with vessel counts, to compare, evaluate, and 
monitor both old and new traffic patterns in hope of reducing roadway 
congestion on the bridge and local commuting area by adjusting bridge 
openings to ensure a future regulation will not have a significant 
impact on navigation.

Additional Information

    This deviation has been coordinated with the main commercial 
waterway user group that has vessels transiting in this area and there 
is no expectation of any significant impacts on navigation. Vessels 
with a mast height of less than 48 feet can pass underneath the bridge 
in the closed position. There are no alternate waterway routes.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the designated 
time period. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.

    Dated: August 20, 2009.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E9-24486 Filed 10-7-09; 11:15 am]
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