[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Rules and Regulations]
[Pages 69879-69881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28737]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0879]


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway 
(AIWW), Elizabeth River, Southern 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 
Gilmerton (US13/460) Bridge across the Elizabeth River (Southern 
Branch), AIWW mile 5.8, at Chesapeake, VA. This deviation will test a 
change to the drawbridge operation schedule to determine whether a 
schedule change is needed. This deviation will allow the bridge to 
remain in the closed position for certain vessels for longer morning 
and evening rush hour periods during the weekdays and will implement 
scheduled bridge openings between the rush hours and on the weekends.

DATES: This deviation is effective from 6:30 a.m. on December 20, 2010 
through 6:30 p.m. on June 18, 2011.
    Comments and related material must be received by the Coast Guard 
on or before April 18, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0879 using any one of the following methods:
    (1) Federal Rulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) 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.
    (4) 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 Bill H. Brazier, Bridge Management Specialist, 
Fifth Coast Guard District; telephone 757-398-6422, 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-2010-0879), 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 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-2010-0879,'' 
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.

[[Page 69880]]

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-2010-0879'' 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.

Basis and Purpose

    The City of Chesapeake, Virginia (the City), who owns and operates 
the lift-type Gilmerton (US13/460) Bridge, has requested a temporary 
deviation to the existing bridge regulations. The normal operating 
schedule requires the Gilmerton (US13/460) Bridge, at AIWW mile 5.8 in 
Chesapeake, with a vertical clearance of seven feet above mean high 
tide in the closed position, to open on signal at anytime for 
commercial vessels carrying liquefied flammable gas or other hazardous 
materials. From 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:30 p.m. 
Monday through Friday, except Federal holidays, the draw need not open 
for the passage of recreational or commercial vessels; except the draw 
shall open any time for commercial cargo vessels, including tugs, and 
tugs with tows, if two hours advance notice is given to the Gilmerton 
Bridge at (757) 545-1512. In addition, the draw shall open on signal at 
all other times as required by 33 CFR 117.995(c). The current operating 
schedule has been in effect since November 17, 2003.
    The Gilmerton Bridge Replacement project, which has been underway 
since November 2009, will provide a new vertical-lift type bridge over 
the Southern Branch of the Elizabeth River to replace the existing 
bridge that was constructed in 1938.
    Due to the construction for the new Gilmerton (US13/460) Bridge, 
traffic is limited to one lane in each direction for the next three 
years. This test deviation will allow the City to monitor, measure, and 
identify congested roadway locations during heavy traffic periods. By 
expanding the morning and evening rush hour periods on the weekdays and 
implementing scheduled bridge openings between the rush hour periods 
and on the weekends, we anticipate a decrease in vehicular traffic 
congestion during the daytime hours.
    During this test deviation, the City 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. Vessel traffic on this waterway consists of 
pleasure craft, tug and barge traffic, and ships with assist tugs. 
There are no alternate routes for vessels transiting this section of 
the Atlantic Intracoastal Waterway and the drawbridge will be able to 
open in the event of an emergency.
    According to records furnished by the City, there were a total of 
6,195 bridge openings and 12,498 vessel passages occurring at the 
drawbridge between September 2009 and September 2010. (See Table A)

                                                                         Table A
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   2009        2009        2009        2009        2010        2010        2010        2010        2010        2010        2010        2010       2010
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    SEP         OCT         NOV         DEC         JAN         FEB         MAR         APR         MAY         JUN         JUL        AUG        SEP
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                                                    BRIDGE OPENINGS FOR SEPTEMBER 2009-SEPTEMBER 2010
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     551         621         549         503         299         284         317         476         639         616         459        365        516
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                                                     BOAT PASSAGES FOR SEPTEMBER 2009-SEPTEMBER 2010
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     892       1,858       1,361         645         406         392         478         967       1,770       1,408         791        628        902
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    Under normal conditions, the Gilmerton (US13/460) Bridge is a vital 
transportation route for over 35,000 motorists per day. According to 
recent vehicular traffic counts submitted by the City, the average 
daily traffic volume decreased at the Gilmerton (US13/460) Bridge to 
approximately 20,000 cars a day. Due to construction, the I-64 High 
Rise Bridge is the suggested alternate route for motorists. Even with 
the alternative vehicular route, the Coast Guard anticipates a 
continued increase in vehicular traffic congestion over the Gilmerton 
(US13/460) Bridge due to the previously referenced vehicular traffic 
limitations.
    A Notice of Proposed Rulemaking, USCG-2010-0879, is being issued in 
conjunction with this Temporary Deviation to obtain additional public 
comments. The proposed rule will be in effect for three years until 
December 20, 2013.
    The Coast Guard will evaluate public comments from this Test 
Deviation and the above-referenced Notice of Proposed Rulemaking to 
determine if a temporary change to the drawbridge operating regulation 
at 33 CFR 117.997(c) is warranted.
    From 6:30 a.m. on December 20, 2010 through 6:30 p.m. on June 18, 
2011, the draw of the Gilmerton (US13/460) Bridge, at AIWW mile 5.8, 
shall open on signal at any time for commercial vessels carrying 
liquefied flammable gas or other hazardous materials. From 6:30 a.m. to 
9:30 a.m. and from 3:30 p.m. to 6:30 p.m., Monday through Friday, 
except Federal holidays, the draw need not open for the passage of 
recreational

[[Page 69881]]

or commercial vessels; except the draw shall open anytime for 
commercial cargo vessels, including tugs, and tugs with tows, if two 
hours advance notice is given to the Gilmerton Bridge at (757) 545-
1512.
    From 9:30 a.m. to 3:30 p.m. Monday through Friday and from 6:30 
a.m. to 6:30 p.m. Saturdays, Sundays and Federal holidays, the draw 
shall open on signal hourly on the half hour; except the draw shall 
open anytime for commercial cargo vessels, including tugs, and tugs 
with tows, if two hours advance notice is given to the Gilmerton Bridge 
at (757) 545-1512. At all other times, the draw shall open on signal.
    We anticipate a decrease in vehicular traffic congestion at the 
bridge, with no impact to vessels passing under the bridge in the 
closed position; however we foresee slight delays to vessels while 
transitioning to the new test opening schedule.
    This test deviation has been coordinated with the main commercial 
waterway user group, specifically, the Virginia Maritime Association 
who represents waterborne commerce in the Port of Hampton and there is 
no expectation of any significant impacts on navigation. Vessels with a 
mast height of less than seven 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: November 2, 2010.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 2010-28737 Filed 11-15-10; 8:45 am]
BILLING CODE 9110-04-P