[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Rules and Regulations]
[Pages 9521-9523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4365]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0083]


Drawbridge Operation Regulations; Elizabeth River, Eastern 
Branch, VA

AGENCY: Coast Guard, DHS.

ACTION: 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 is necessary to test another 
change in the drawbridge operation schedule based on comments received 
from the first test deviation published on October 9, 2009.

DATES: This deviation is effective from 9 a.m. on March 10, 2010 
through 2:30 p.m. on September 3, 2010.
    Comments and related material must be received by the Coast Guard 
on or before July 1, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0083 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 Terrance A. Knowles, Environmental Protection 
Specialist, Fifth Coast Guard District, telephone 757-398-6587, 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-2010-0083), 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://

[[Page 9522]]

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 delivery, 
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-2010-0083,'' 
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 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-2010-0083'' 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.

Regulatory Information

    On October 9, 2009, we published a notice of temporary deviation 
request for comments entitled; ``Drawbridge Operation Regulations; 
Elizabeth River, Eastern Branch, Norfolk, VA, in the Federal Register 
(74 FR 52143) and a notice of proposed rulemaking (NPRM) entitled 
``Drawbridge Operation Regulations; Elizabeth River, Eastern Branch, 
Norfolk, VA, in the Federal Register (74 FR 52158). We received 861 
comments for both the temporary deviation and NPRM. No public meeting 
was requested, and none was held.

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, requested a temporary change 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, VA, to remain closed one hour prior to the published 
start of a scheduled marine event regulated under Sec.  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 repairs. 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 back-ups, delays, and 
congestion. During this test deviation, VDOT will gather data from the 
scheduled openings, along with vessel counts, to compare, evaluate, and 
monitor both the 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. The monthly vehicular traffic counts submitted by 
VDOT for the last quarter of calendar year 2008 show the average daily 
traffic volumes at the Berkley Bridge as shown below:

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

    The traffic counts revealed that from October 2008 to December 
2008, the Berkley Bridge has experienced a seven percent (or 23,560-
car) increase in traffic flow. The Coast Guard anticipates a continued 
increase in vehicular traffic over the Berkley Bridge.
    The Coast Guard received 861 comments on both the temporary 
deviation and NPRM. A large majority of the responses from commuters 
approved the scheduled opening set-up. However, the local maritime 
community expressed objections to the schedule change to vessels. After 
review of all of the comments and bridge-related data received, the 
Coast Guard has determined that an alternative proposal should be 
considered.
    A Supplemental 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 
Deviation and the above-referenced Supplemental 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 March 10, 2010, to September 3, 2010, the draw of the Berkley 
Bridge, mile 0.4, at Norfolk, shall operate as follows:
    (1) The draw shall remain closed one hour prior to the published 
start of a scheduled marine event regulated under Sec.  100.501, and 
shall 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.
    (2) The draw shall open on signal at any time for vessels carrying, 
in bulk,

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cargoes regulated by 46 CFR subchapters D or O, or Certain Dangerous 
Cargoes as defined in 33 CFR 160.204.
    (3) For all other vessels, the draw shall open on signal at any 
time, except from 5 a.m. to 7 p.m., Monday through Friday, except 
Federal holidays. During these times, the draw shall:
    (i) Open for commercial vessels with a draft of 18 feet or more, 
provided at least 6 hours notice was given to the Berkley Bridge 
Traffic Control room at (757) 494-2490.
    (ii) Open on signal at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m.
    (4) If the bridge is not opened during a particular scheduled 
opening per subparagraph (b)(3)(ii) and a vessel has made prior 
arrangements for a delayed opening, the draw tender may provide a 
single opening up to 30 minutes past that scheduled opening time for 
that signaling vessel, except at 2:30 p.m. The draw tender may provide 
a single opening up to 20 minutes past the 2:30 p.m. scheduled opening 
time for a signaling vessel that made prior arrangements for a delayed 
opening. A vessel may make prior arrangements for a delayed opening by 
contacting the Berkley Bridge Traffic Control room at (757) 494-2490.
    During this test deviation, VDOT will continue to 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 mast heights of less than 48 feet, above mean high water, can pass 
underneath the bridge in the closed position. There are no alternate 
waterway routes.
    This deviation from the operating regulations is authorized under 
33 CFR 117.35.

    Dated: February 11, 2010.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2010-4365 Filed 3-2-10; 8:45 am]
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