Drawbridge Operation Regulation; Elizabeth River, Eastern Branch, Norfolk, VA, 9557-9561 [2010-4362]
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Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Proposed Rules
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
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 https://
www.regulations.gov and will include
any personal information you have
provided.
33 CFR Part 117
[USCG–2009–0754]
RIN 1625–AA09
Drawbridge Operation Regulation;
Elizabeth River, Eastern Branch,
Norfolk, VA
Coast Guard, DHS.
Supplemental notice of
proposed rulemaking.
AGENCY:
ACTION:
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SUMMARY: The Coast Guard proposes a
supplemental change to the regulations
that govern the operation of the of the
Berkley (I–264) Bridge, at mile 0.4,
across the Eastern Branch of the
Elizabeth River, Norfolk, VA. The new
proposal would continue to provide set
openings periods for the bridge during
the day, relieving vehicular traffic
congestion during the weekday daytime
hours, while still providing for the
reasonable needs of navigation to
include new operating procedures for
transiting vessels.
DATES: 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–
2009–0754 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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 Terrance A. Knowles,
Environmental Protection Specialist,
Fifth Coast Guard District, telephone
(757) 398–6587, e-mail
terrance.a.knowles@uscg.mil. If you
have questions on viewing or submitting
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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 (https://
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 https://
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
https://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–2009–0754’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ 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 81⁄2 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
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as being available in the docket, go to
https://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 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.
SUPPLEMENTARY INFORMATION:
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. In the closed to navigation
position, the Berkley Bridge has a
vertical clearance of 48 feet above mean
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high water. The current regulation set
out in Title 33 CFR Part 117.1007 (b)
and (c) allows the Berkley Bridge, mile
0.4, in Norfolk, VA, to remain closed
one hour prior to the published start of
a scheduled marine event regulated
under § 100.501, and remain closed
until one hour following the completion
of the event unless the Patrol
Commander designated under § 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.
Due to the temporary closure of two
area bridges, the bridge and approaches
experienced increased back-ups, delays,
and congestion due to the increase in
traffic. The NPRM would allow the
draw of the Berkley Bridge to open on
signal to vessels at 9 a.m., 11 a.m., 1
p.m., and 2:30 p.m. from October 9,
2009, to October 5, 2012, and it would
permit VDOT to monitor, measure, and
identify congested roadway locations
during heavy traffic periods. By
implementing scheduled bridge
openings, we anticipated a decrease in
traffic congestion during the daylight
hours.
Concurrent with the publication of
the Notice of Proposed Rulemaking, a
Test Deviation [USCG–2009–0754] was
issued to allow VDOT to test the
proposed schedule and to obtain data
and public comments. The test period
was in effect during the entire Notice of
Proposed Rulemaking comment period.
Also, a count of the delayed vessels
during the closure periods was taken to
ensure a 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
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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 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.
By offering an alternative proposal,
the changes will allow the draw of the
Berkley Bridge to open on signal to the
drawbridge operating schedule from
September 4, 2010, to October 5, 2012.
As a result of the changes, we expect a
similar decrease in traffic congestion
during the new proposed scheduled
openings.
Concurrent with the publication of
the Supplemental Proposed
Rulemaking, another Test Deviation
[USCG–2010–0083] has been issued to
allow VDOT to test another proposed
schedule and to acquire additional data
and public comments.
Discussion of Comments and Changes
The Coast Guard received 861
responses to the NPRM. The vast
majority of those responses
(approximately 850) were supplied from
an internet Web site survey posted by
VDOT. Of the 850 VDOT-sponsored
surveys, 484 had written comments
with the remaining 366 remarks to the
survey questionnaire. The other
responses were supplied by 7 on-paper
comments; and 4 e-mails.
An examination of the comments
revealed that the vast majority of the
responses (all but five) favored the new
schedule presented in the temporary
deviation and NPRM. Many responses
stated travelers could better plan their
commutes and allowed them the
opportunity to avoid delays.
Four local maritime facilities and the
Virginia Maritime Association (VMA),
who represents waterborne commerce in
the Port of Hampton Roads, responded
in writing with their concerns opposing
the new schedule. These organizations
expressed concerns that the current
regulatory actions created unsafe
conditions for navigation. The maritime
community has offered
recommendations for changes to the
operating regulations of the Berkley
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Bridge that they believe will benefit the
community and provide a reasonable
balance between marine priority and
road-based transportation.
The Coast Guard reviewed the bridge
data supplied by VDOT. The
information indicated that the test
deviation reduced the amount of time
the bridge opened for vessels. Between
October 20, 2009, and December 30,
2009, there were approximately 85
vessel passages requiring 69 bridge
openings. Most of these openings were
provided for commercial vessels, with a
maximum of four vessels transiting
through a single bridge opening.
With an average of less than two
openings per day (1.23) during the test
deviation, VDOT contends that 2009
compared to 2008 in the same months,
there was a 30 percent reduction in the
number of minutes the bridge was
opened for vessels and the number of
openings also decreased by 21 percent.
In 2009, the Berkley Bridge averaged
97,135 vehicles per day.
VDOT personnel, after consulting
with VMA and local maritime facilities,
identified a need for mariners to have
more access transiting through the
Berkley Bridge. The parties agreed to
operating procedures for inclusion in
the regulatory language.
The suggestions offered by VDOT and
VMA were reviewed by the Coast
Guard. The VDOT/VMA recommended
operating procedures (in italics) that
were considered and subsequently
modified are:
1. The bridge is to open on signal at
any time for vessels carrying hazardous
cargo.
2. The bridge is to 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.
VMA stated that certain vessels and
conditions make safe bridge transits
more difficult and dangerous. VMA/
VDOT recommended establishing
provisions that would exempt vessels
from only transiting at the scheduled
opening time.
The Coast Guard proposed the
following: The draw shall open on
signal at any time for vessels carrying,
in bulk, cargoes regulated by 46 CFR
subchapters D or O, or Certain
Dangerous Cargoes as defined in 33 CFR
160.204; and 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 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.
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3. If a vessel has made prior
arrangements for a delayed opening,
and there are vessels awaiting transit,
the opening may be delayed if the
master(s) of the waiting vessel(s) agree
to a delayed opening to accommodate
the delayed vessel. Otherwise the
opening will accommodate the waiting
vessel(s) only, and close upon their
clearing the bridge.
VMA stated that communication
between vessels is important to
scheduling a single opening at the
Berkley Bridge. The Coast Guard asserts
that communication between vessels
and the bridge tender should be
coordinated to ensure and maintain the
safety of navigation. However, specific
regulatory language controlling
communication between vessels is
unwarranted and not within the scope
of drawbridge operating regulations.
4. An opening will be provided to a
transiting vessel up to, but no more
than, 30 minutes following the
scheduled opening time provided the
transiting vessel has communicated
their estimated time of arrival to the
Berkley Bridge tender prior to the
scheduled opening time.
VMA stated that the timing of large
vessel movements is affected by a
number of uncontrollable and external
factors. The effects of winds, currents,
and tides have an important impact on
safe navigation and those conditions.
In addition, VMA indicated that the
current test deviation creates a situation
whereby marine traffic will stack up
while waiting for an opening, thus
creating vessel congestion, a
navigational hazard.
For these situations, the Coast Guard
proposed the following: If the bridge is
not opened during a particular
scheduled opening per subparagraph
(d)(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.
5. The bridge is to open at any time
if, in the professional judgment of the
vessel operator, the environmental or
operating conditions compromise
navigational safety.
The Coast Guard responded to this
comment by indicating that under 33
CFR 117.31 entitled ‘‘Drawbridge
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operations for emergency vehicles and
emergency vessels’’, paragraphs (b)(2)
adequately provide for unscheduled
vessel openings of the bridge in the
event of a marine emergency.
The supplemental rule was also
rephrased to integrate the restricted
morning and evening rush hour times
(from 5 a.m. to 9 a.m. and from 3 p.m.
to 7 p.m.) with the test deviation period
from 9 a.m. to 3 p.m. The Coast Guard
suggested the following paragraph: 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.
Based on all of the comments
received, the Coast Guard suggested that
a supplemental alternative proposal be
further analyzed and reissued.
Discussion of Rule
From September 4, 2010, to October 5,
2012, the Coast Guard proposes to
suspend the regulations at 33 CFR
117.1007 paragraphs (b) and (c) and add
a new paragraph (d) to read as follows:
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
§ 100.501, and shall remain closed until
one hour following the completion of
the event unless the Patrol Commander
designated under § 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,
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:
(i) During these times, the draw shall
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) The draw shall 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 (d)(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
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Berkley Bridge Traffic Control Room at
(757) 494–2490.
Regulatory Analyses
We developed this 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 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 Office of Management and
Budget has not reviewed it under that
Order.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. We reached this
conclusion based on the fact that the
proposed changes have only a minimal
impact on maritime traffic transiting the
bridge. Mariners can plan their trips in
accordance with the scheduled bridge
openings, and to minimize delays,
vessels that can pass under the bridge
without a bridge opening may do so at
all times.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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 rule will not have
a significant economic impact on a
substantial number of small entities.
We reached this conclusion based on
the fact that the proposed changes 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 and vessels that can
pass under the bridge without a bridge
opening may do so at all times.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
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and participate in the rulemaking
process. 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.
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).
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 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 rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
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Taking of Private Property
This rule will 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 rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminates
ambiguity, and reduce burden.
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Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety 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 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 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 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,
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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 amends 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 September 4, 2010, to October
5, 2012, in § 117.1007, suspend
paragraphs (b) and (c) and add new
paragraph (d) to read as follows:
§ 117.1007
Elizabeth River Eastern Branch.
*
*
*
*
*
(d) 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
§ 100.501, and shall remain closed until
one hour following the completion of
the event unless the Patrol Commander
designated under § 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,
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.
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(4) If the bridge is not opened during
a particular scheduled opening per
paragraph (d)(3)(ii) of this section 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.
Dated: February 11, 2010.
Wayne E. Justice,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. 2010–4362 Filed 3–2–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–B–1106]
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
AGENCY:
erowe on DSK5CLS3C1PROD with PROPOSALS-1
SUMMARY: Comments are requested on
the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed
BFE modifications for the communities
listed in the table below. The purpose
of this notice is to seek general
information and comment regarding the
proposed regulatory flood elevations for
the reach described by the downstream
and upstream locations in the table
below. The BFEs and modified BFEs are
a part of the floodplain management
measures that the community is
required either to adopt or show
evidence of having in effect in order to
14:15 Mar 02, 2010
Jkt 220001
The
Federal Emergency Management Agency
(FEMA) proposes to make
determinations of BFEs and modified
BFEs for each community listed below,
in accordance with section 110 of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4104, and 44 CFR 67.4(a).
These proposed BFEs and modified
BFEs, together with the floodplain
management criteria required by 44 CFR
60.3, are the minimum that are required.
They should not be construed to mean
that the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own, or
pursuant to policies established by other
Federal, State, or regional entities.
These proposed elevations are used to
meet the floodplain management
SUPPLEMENTARY INFORMATION:
Proposed Flood Elevation
Determinations
VerDate Nov<24>2008
qualify or remain qualified for
participation in the National Flood
Insurance Program (NFIP). In addition,
these elevations, once finalized, will be
used by insurance agents, and others to
calculate appropriate flood insurance
premium rates for new buildings and
the contents in those buildings.
DATES: Comments are to be submitted
on or before June 1, 2010.
ADDRESSES: The corresponding
preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each
community is available for inspection at
the community’s map repository. The
respective addresses are listed in the
table below.
You may submit comments, identified
by Docket No. FEMA–B–1106, to Kevin
C. Long, Acting Chief, Engineering
Management Branch, Mitigation
Directorate, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–2820,
or (e-mail) kevin.long@dhs.gov.
FOR FURTHER INFORMATION CONTACT:
Kevin C. Long, Acting Chief,
Engineering Management Branch,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–2820, or (e-mail)
kevin.long@dhs.gov.
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
9561
requirements of the NFIP and are also
used to calculate the appropriate flood
insurance premium rates for new
buildings built after these elevations are
made final, and for the contents in these
buildings.
Comments on any aspect of the Flood
Insurance Study and FIRM, other than
the proposed BFEs, will be considered.
A letter acknowledging receipt of any
comments will not be sent.
National Environmental Policy Act.
This proposed rule is categorically
excluded from the requirements of 44
CFR part 10, Environmental
Consideration. An environmental
impact assessment has not been
prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Executive Order 12866, Regulatory
Planning and Review. This proposed
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866, as amended.
Executive Order 13132, Federalism.
This proposed rule involves no policies
that have federalism implications under
Executive Order 13132.
Executive Order 12988, Civil Justice
Reform. This proposed rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 67
Administrative practice and
procedure, Flood insurance, Reporting
and recordkeeping requirements.
Accordingly, 44 CFR part 67 is
proposed to be amended as follows:
PART 67—[AMENDED]
1. The authority citation for part 67
continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376.
§ 67.4
[Amended]
2. The tables published under the
authority of § 67.4 are proposed to be
amended as follows:
E:\FR\FM\03MRP1.SGM
03MRP1
Agencies
[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Proposed Rules]
[Pages 9557-9561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4362]
[[Page 9557]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[USCG-2009-0754]
RIN 1625-AA09
Drawbridge Operation Regulation; Elizabeth River, Eastern Branch,
Norfolk, VA
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes a supplemental change to the
regulations that govern the operation of the of the Berkley (I-264)
Bridge, at mile 0.4, across the Eastern Branch of the Elizabeth River,
Norfolk, VA. The new proposal would continue to provide set openings
periods for the bridge during the day, relieving vehicular traffic
congestion during the weekday daytime hours, while still providing for
the reasonable needs of navigation to include new operating procedures
for transiting vessels.
DATES: 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-
2009-0754 using any one of the following methods:
(1) Federal eRulemaking Portal: https://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 Terrance A. Knowles, Environmental Protection
Specialist, Fifth Coast Guard District, telephone (757) 398-6587, e-
mail terrance.a.knowles@uscg.mil. 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 https://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 (https://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 https://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 https://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-2009-0754'' in the ``Keyword''
box. Click ``Search'' 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 https://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 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.
SUPPLEMENTARY INFORMATION:
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. In the closed to navigation position, the Berkley
Bridge has a vertical clearance of 48 feet above mean
[[Page 9558]]
high water. The current regulation set out in Title 33 CFR Part
117.1007 (b) and (c) allows the Berkley Bridge, mile 0.4, 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.
Due to the temporary closure of two area bridges, the bridge and
approaches experienced increased back-ups, delays, and congestion due
to the increase in traffic. The NPRM would allow the draw of the
Berkley Bridge to open on signal to vessels at 9 a.m., 11 a.m., 1 p.m.,
and 2:30 p.m. from October 9, 2009, to October 5, 2012, and it would
permit VDOT to monitor, measure, and identify congested roadway
locations during heavy traffic periods. By implementing scheduled
bridge openings, we anticipated a decrease in traffic congestion during
the daylight hours.
Concurrent with the publication of the Notice of Proposed
Rulemaking, a Test Deviation [USCG-2009-0754] was issued to allow VDOT
to test the proposed schedule and to obtain data and public comments.
The test period was in effect during the entire Notice of Proposed
Rulemaking comment period. Also, a count of the delayed vessels during
the closure periods was taken to ensure a 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 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.
By offering an alternative proposal, the changes will allow the
draw of the Berkley Bridge to open on signal to the drawbridge
operating schedule from September 4, 2010, to October 5, 2012. As a
result of the changes, we expect a similar decrease in traffic
congestion during the new proposed scheduled openings.
Concurrent with the publication of the Supplemental Proposed
Rulemaking, another Test Deviation [USCG-2010-0083] has been issued to
allow VDOT to test another proposed schedule and to acquire additional
data and public comments.
Discussion of Comments and Changes
The Coast Guard received 861 responses to the NPRM. The vast
majority of those responses (approximately 850) were supplied from an
internet Web site survey posted by VDOT. Of the 850 VDOT-sponsored
surveys, 484 had written comments with the remaining 366 remarks to the
survey questionnaire. The other responses were supplied by 7 on-paper
comments; and 4 e-mails.
An examination of the comments revealed that the vast majority of
the responses (all but five) favored the new schedule presented in the
temporary deviation and NPRM. Many responses stated travelers could
better plan their commutes and allowed them the opportunity to avoid
delays.
Four local maritime facilities and the Virginia Maritime
Association (VMA), who represents waterborne commerce in the Port of
Hampton Roads, responded in writing with their concerns opposing the
new schedule. These organizations expressed concerns that the current
regulatory actions created unsafe conditions for navigation. The
maritime community has offered recommendations for changes to the
operating regulations of the Berkley Bridge that they believe will
benefit the community and provide a reasonable balance between marine
priority and road-based transportation.
The Coast Guard reviewed the bridge data supplied by VDOT. The
information indicated that the test deviation reduced the amount of
time the bridge opened for vessels. Between October 20, 2009, and
December 30, 2009, there were approximately 85 vessel passages
requiring 69 bridge openings. Most of these openings were provided for
commercial vessels, with a maximum of four vessels transiting through a
single bridge opening.
With an average of less than two openings per day (1.23) during the
test deviation, VDOT contends that 2009 compared to 2008 in the same
months, there was a 30 percent reduction in the number of minutes the
bridge was opened for vessels and the number of openings also decreased
by 21 percent. In 2009, the Berkley Bridge averaged 97,135 vehicles per
day.
VDOT personnel, after consulting with VMA and local maritime
facilities, identified a need for mariners to have more access
transiting through the Berkley Bridge. The parties agreed to operating
procedures for inclusion in the regulatory language.
The suggestions offered by VDOT and VMA were reviewed by the Coast
Guard. The VDOT/VMA recommended operating procedures (in italics) that
were considered and subsequently modified are:
1. The bridge is to open on signal at any time for vessels carrying
hazardous cargo.
2. The bridge is to 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.
VMA stated that certain vessels and conditions make safe bridge
transits more difficult and dangerous. VMA/VDOT recommended
establishing provisions that would exempt vessels from only transiting
at the scheduled opening time.
The Coast Guard proposed the following: The draw shall open on
signal at any time for vessels carrying, in bulk, cargoes regulated by
46 CFR subchapters D or O, or Certain Dangerous Cargoes as defined in
33 CFR 160.204; and 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
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.
[[Page 9559]]
3. If a vessel has made prior arrangements for a delayed opening,
and there are vessels awaiting transit, the opening may be delayed if
the master(s) of the waiting vessel(s) agree to a delayed opening to
accommodate the delayed vessel. Otherwise the opening will accommodate
the waiting vessel(s) only, and close upon their clearing the bridge.
VMA stated that communication between vessels is important to
scheduling a single opening at the Berkley Bridge. The Coast Guard
asserts that communication between vessels and the bridge tender should
be coordinated to ensure and maintain the safety of navigation.
However, specific regulatory language controlling communication between
vessels is unwarranted and not within the scope of drawbridge operating
regulations.
4. An opening will be provided to a transiting vessel up to, but no
more than, 30 minutes following the scheduled opening time provided the
transiting vessel has communicated their estimated time of arrival to
the Berkley Bridge tender prior to the scheduled opening time.
VMA stated that the timing of large vessel movements is affected by
a number of uncontrollable and external factors. The effects of winds,
currents, and tides have an important impact on safe navigation and
those conditions.
In addition, VMA indicated that the current test deviation creates
a situation whereby marine traffic will stack up while waiting for an
opening, thus creating vessel congestion, a navigational hazard.
For these situations, the Coast Guard proposed the following: If
the bridge is not opened during a particular scheduled opening per
subparagraph (d)(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.
5. The bridge is to open at any time if, in the professional
judgment of the vessel operator, the environmental or operating
conditions compromise navigational safety.
The Coast Guard responded to this comment by indicating that under
33 CFR 117.31 entitled ``Drawbridge operations for emergency vehicles
and emergency vessels'', paragraphs (b)(2) adequately provide for
unscheduled vessel openings of the bridge in the event of a marine
emergency.
The supplemental rule was also rephrased to integrate the
restricted morning and evening rush hour times (from 5 a.m. to 9 a.m.
and from 3 p.m. to 7 p.m.) with the test deviation period from 9 a.m.
to 3 p.m. The Coast Guard suggested the following paragraph: 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.
Based on all of the comments received, the Coast Guard suggested
that a supplemental alternative proposal be further analyzed and
reissued.
Discussion of Rule
From September 4, 2010, to October 5, 2012, the Coast Guard
proposes to suspend the regulations at 33 CFR 117.1007 paragraphs (b)
and (c) and add a new paragraph (d) to read as follows: 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, 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: (i) During these times, the draw shall 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) The draw shall 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 (d)(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.
Regulatory Analyses
We developed this 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 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 Office of Management and Budget has not
reviewed it under that Order.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. We reached
this conclusion based on the fact that the proposed changes have only a
minimal impact on maritime traffic transiting the bridge. Mariners can
plan their trips in accordance with the scheduled bridge openings, and
to minimize delays, vessels that can pass under the bridge without a
bridge opening may do so at all times.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities.
We reached this conclusion based on the fact that the proposed
changes 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 and vessels that can pass under the
bridge without a bridge opening may do so at all times.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them
[[Page 9560]]
and participate in the rulemaking process. 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.
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).
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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminates ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety 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 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 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 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 amends
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 September 4, 2010, to October 5, 2012, in Sec. 117.1007,
suspend paragraphs (b) and (c) and add new paragraph (d) to read as
follows:
Sec. 117.1007 Elizabeth River Eastern Branch.
* * * * *
(d) 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, 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.
[[Page 9561]]
(4) If the bridge is not opened during a particular scheduled
opening per paragraph (d)(3)(ii) of this section 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.
Dated: February 11, 2010.
Wayne E. Justice,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 2010-4362 Filed 3-2-10; 8:45 am]
BILLING CODE 9110-04-P