[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Proposed Rules]
[Pages 69906-69909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28738]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0879]
RIN 1625-AA09


Drawbridge Operation Regulation; Atlantic Intracoastal Waterway 
(AIWW), Elizabeth River, Southern Branch, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to temporarily change the regulations 
that govern the operation of the Gilmerton (US13/460) Bridge across the 
Elizabeth River (Southern Branch), AIWW mile 5.8, at Chesapeake, VA. 
Due to the construction of the new Gilmerton Highway Bridge, the 
existing drawbridge has experienced increased delays to vehicular 
traffic during unscheduled vessel openings. The proposed change would 
provide adjustments and set opening periods for the bridge during the 
day, relieving vehicular traffic congestion during the weekday and 
weekend daytime hours while still providing for the reasonable needs of 
navigation.

DATES: 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 eRulemaking 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, 
[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 material. 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 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 ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2010-0879'' in the ``Keyword'' 
box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column.

[[Page 69907]]

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-2010-0879'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit either 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 
change to the existing bridge regulations. The current regulation, set 
out in 33 CFR 117.997(c), requires the Gilmerton (US13/460) Bridge, at 
AIWW mile 5.8, in Chesapeake to open on signal at any time 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 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. The 
current operating schedule has been in effect since November 17, 2003.
    The Gilmerton Bridge Replacement project, which is currently 
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 Bridge, vehicular 
traffic is limited to one lane in each direction and the bridge and 
approaches have experienced back-ups, delays, and congestion. This 
temporary change will allow, from June 19, 2011, to December 20, 2013, 
the draw of the Gilmerton (US13/460) Bridge to 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 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.
    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.
    Concurrent with the publication of the Notice of Proposed 
Rulemaking (NPRM), a Test Deviation [USCG-2010-0879] has been issued to 
allow the City to test the proposed schedule and to obtain data and 
public comments. The test deviation will be in effect during the entire 
Notice of Proposed Rulemaking comment period. Also, a count of the 
delayed vessels during the closure periods will be taken to ensure a 
future regulation will not have a significant impact on navigation. 
This NPRM has been coordinated with the main commercial waterway user 
group, specifically, the Virginia Maritime Association who represents 
waterborne commerce in the Port of Hampton Roads, and there is no 
expectation of any significant impacts 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
   2009        2009        2009        2009        2010        2010        2010        2010        2010        2010        2010        2010       2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
    SEP         OCT         NOV         DEC         JAN         FEB         MAR         APR         MAY         JUN         JUL        AUG        SEP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    BRIDGE OPENINGS FOR SEPTEMBER 2009-SEPTEMBER 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
     551         621         549         503         299         284         317         476         639         616         459        365        516
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     BOAT PASSAGES FOR SEPTEMBER 2009-SEPTEMBER 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
     892       1,858       1,361         645         406         392         478         967       1,770       1,408         791        628        902
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 69908]]

    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 continued 
vehicular traffic congestion over the Gilmerton Highway Bridge due to 
the reduction of highway lanes and anticipates that traffic congestion 
will subside once the new bridge is completed.

Discussion of Proposed Rule

    The Coast Guard proposes to temporarily amend the regulations 
governing the Gilmerton (US13/460) Bridge at AIWW mile 5.8, in 
Chesapeake, at 33 CFR 117.997(c), by inserting a new paragraph (j). 
From June 19, 2010, to December 20, 2013, the draw 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 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.
    This temporary change will reduce openings to specific times which 
will help alleviate traffic congestion on the Gilmerton (US13/460) 
Bridge and its approaches. The Coast Guard believes that the congestion 
to vehicular traffic is due to previously referenced vehicular traffic 
limitations and will subside when construction of the new bridge is 
completed.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed 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 proposed changes are expected 
to 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 proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: Owners and operators 
of vessels other than certain commercial cargo vessels needing to 
transit the bridge. This proposed 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, 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. Mariners who plan their transits in accordance 
with the scheduled bridge openings can minimize delay.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, (757) 398-6222. 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.

Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule will not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety

[[Page 69909]]

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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed 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 preliminary 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 because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    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.

    2. From June 19, 2010, to December 20, 2013, in Sec.  117.997, 
suspend paragraph (c) and temporarily add a new paragraph (j) to read 
as follows:


Sec.  117.997  Atlantic Intracoastal Waterway, South Branch of the 
Elizabeth River to the Albemarle and Chesapeake Canal.

* * * * *
    (j) The draw of the Gilmerton (US13/460) Bridge, mile 5.8, in 
Chesapeake:
    (1) Shall open on signal at any time for commercial vessels 
carrying liquefied flammable gas or other hazardous materials.
    (2) 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:
    (i) Need not open for the passage of recreational or commercial 
vessels that do not qualify under paragraph (j)(2)(ii) of this section.
    (ii) Need not open for commercial cargo vessels, including tugs, 
and tugs with tows, unless 2 hours' advance notice has been given to 
the Gilmerton Bridge at (757) 545-1512.
    (3) 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 
need only be opened every hour on the half hour, except the draw shall 
open on signal for commercial vessels that qualify under paragraphs 
(j)(1) and (j)(2)(ii) of this section.
    (4) Shall open on signal at all other times.

    Dated: November 2, 2010.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 2010-28738 Filed 11-15-10; 8:45 am]
BILLING CODE 9110-04-P