Drawbridge Operation Regulations; Elizabeth River, Eastern Branch, VA, 9521-9523 [2010-4365]

Download as PDF Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations Commission or any member or agent of the Commission, the Commission may order that the parolee not receive credit for the period of time that the Commission determines that the parolee failed or refused to respond to such a request, order, summons, or warrant. (4) The provisions of this paragraph (e) shall apply only to any period of parole that is being served on or after May 20, 2009, and shall not apply to any period of parole that was revoked before that date. (e) Notwithstanding paragraphs (a) through (d) of this section, prisoners committed under the Federal Youth Corrections Act shall not be subject to forfeiture of time on parole, but shall serve uninterrupted sentences from the date of conviction except as provided in § 2.10(b) and (c). DC Code 24–406(c) and paragraphs (a) through (d) of this section are fully applicable to prisoners serving sentences under the DC Youth Rehabilitation Act. * * * * * ■ 12. Section § 2.208 is revised to read as follows: erowe on DSK5CLS3C1PROD with RULES § 2.208 Termination of a term of supervised release. (a)(1) The Commission may terminate a term of supervised release and discharge the releasee from supervision after the expiration of one year of supervised release, if the Commission is satisfied that such action is warranted by the conduct of the releasee and the interest of justice. (2) Upon terminating supervision of a committed youth offender before the sentence expires, the Commission shall set aside the committed youth offender’s conviction and issue a certificate setting aside the conviction instead of a certificate of discharge. (b) Two years after a prisoner is released on supervision, and at least annually thereafter, the Commission shall review the status of the releasee to determine the need for continued supervision. The Commission shall also conduct a status review whenever the supervision officer recommends termination of the supervised release term. If the term of supervised release imposed by the court is two years or less, the Commission shall consider termination of supervision only if recommended by the releasee’s supervision officer. (c) In calculating the two-year period provided in paragraph (b) of this section, the Commission shall not include any period of release before the most recent release, or any period served in confinement on any other sentence. VerDate Nov<24>2008 14:14 Mar 02, 2010 Jkt 220001 (d)(1) In deciding whether to terminate supervised release, the Commission shall consider the guidelines of this paragraph (d). The guidelines are advisory and the Commission may disregard the outcome indicated by the guidelines based on case-specific factors. Termination of supervision is indicated if the releasee: (i) Has a salient factor score in the very good risk category and has completed two continuous years of supervision free from an incident of new criminal behavior or serious release violation; or (ii) Has a salient factor score in a risk category other than very good and has completed three continuous years of supervision free from an incident of new criminal behavior or serious release violation. (2) As used in this paragraph (d), the term ‘‘an incident of new criminal behavior or serious release violation’’ includes a new arrest or report of a release violation if supported by substantial evidence of guilt, even if no conviction or release revocation results. The Commission shall not terminate supervision of a releasee until it determines the disposition of a pending criminal charge. (3) Case-specific factors that may justify a departure either above or below the early termination guidelines may relate to the current behavior of the releasee, or to the releasee’s background and criminal history. Dated: February 24, 2010. Isaac Fulwood, Chairman, U.S. Parole Commission. [FR Doc. 2010–4270 Filed 3–2–10; 8:45 am] BILLING CODE 4410–31–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2010–0083] Drawbridge Operation Regulations; Elizabeth River, Eastern Branch, VA Coast Guard, DHS. Temporary deviation from regulations; request for comments. AGENCY: ACTION: SUMMARY: The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Berkley Bridge across the Eastern Branch of the Elizabeth River, mile 0.4, at Norfolk, Virginia. This deviation is necessary to test another change in the drawbridge PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 9521 operation schedule based on comments received from the first test deviation published on October 9, 2009. DATES: This deviation is effective from 9 a.m. on March 10, 2010 through 2:30 p.m. on September 3, 2010. Comments and related material must be received by the Coast Guard on or before July 1, 2010. ADDRESSES: You may submit comments identified by docket number USCG– 2010–0083 using any one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. • Fax: 202–493–2251. • Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. • Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or e-mail Terrance A. Knowles, Environmental Protection Specialist, Fifth Coast Guard District, telephone 757–398–6587, e-mail 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 materials. 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–2010–0083), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (https:// E:\FR\FM\03MRR1.SGM 03MRR1 9522 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations 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 ‘‘Keyword’’ box insert ‘‘USCG–2010– 0083,’’ click ‘‘Search,’’ and then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 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. erowe on DSK5CLS3C1PROD with RULES 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–2010– 0083’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. Regulatory Information On October 9, 2009, we published a notice of temporary deviation request for comments entitled; ‘‘Drawbridge Operation Regulations; Elizabeth River, Eastern Branch, Norfolk, VA, in the Federal Register (74 FR 52143) and a notice of proposed rulemaking (NPRM) entitled ‘‘Drawbridge Operation Regulations; Elizabeth River, Eastern VerDate Nov<24>2008 14:14 Mar 02, 2010 Jkt 220001 Branch, Norfolk, VA, in the Federal Register (74 FR 52158). We received 861 comments for both the temporary deviation and NPRM. No public meeting was requested, and none was held. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one using one of the four methods specified under ADDRESSES. Please explain why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. Background and Purpose On behalf of the Cities of Chesapeake and Norfolk Virginia, the Virginia Department of Transportation (VDOT), who owns and operates the lift-type Berkley Bridge, requested a temporary change to the existing bridge regulations. The normal operating schedule allows the Berkley Bridge, mile 0.4, with a vertical clearance of 48 feet at mean high tide in Norfolk, VA, to remain closed one hour prior to the published start of a scheduled marine event regulated under § 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 around the bridge. Due to the temporary closure of two area bridges, this bridge and its approaches has experienced vehicular back-ups, delays, and congestion. During this test deviation, VDOT will gather data from the scheduled PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 openings, along with vessel counts, to compare, evaluate, and monitor both the old and new traffic patterns in hope of reducing roadway congestion on the bridge and local commuting area by adjusting bridge openings to ensure any future regulation will not have a significant impact on navigation. The Berkley Bridge is the principle arterial route in and out of the City of Norfolk and serves as the major evacuation highway in the event of emergencies. The monthly vehicular traffic counts submitted by VDOT for the last quarter of calendar year 2008 show the average daily traffic volumes at the Berkley Bridge as shown below: October 2008—83,296 vehicles November 2008—99,643 vehicles December 2008—106,856 vehicles The traffic counts revealed that from October 2008 to December 2008, the Berkley Bridge has experienced a seven percent (or 23,560-car) increase in traffic flow. The Coast Guard anticipates a continued increase in vehicular traffic over the Berkley Bridge. The Coast Guard received 861 comments on both the temporary deviation and NPRM. A large majority of the responses from commuters approved the scheduled opening set-up. However, the local maritime community expressed objections to the schedule change to vessels. After review of all of the comments and bridge-related data received, the Coast Guard has determined that an alternative proposal should be considered. A Supplemental Proposed Rulemaking, [USCG–2009–0754], is being issued in conjunction with this Temporary Deviation to obtain additional public comments. The Coast Guard will evaluate public comments from this Temporary Deviation and the above-referenced Supplemental Proposed Rulemaking to determine if a proposed temporary change to the drawbridge operating regulation is warranted for the duration of the project. The Test Schedule From March 10, 2010, to September 3, 2010, the draw of the Berkley Bridge, mile 0.4, at Norfolk, shall operate as follows: (1) The draw shall remain closed one hour prior to the published start of a scheduled marine event regulated under § 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, E:\FR\FM\03MRR1.SGM 03MRR1 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Rules and Regulations cargoes regulated by 46 CFR subchapters D or O, or Certain Dangerous Cargoes as defined in 33 CFR 160.204. (3) For all other vessels, the draw shall open on signal at any time, except from 5 a.m. to 7 p.m., Monday through Friday, except Federal holidays. During these times, the draw shall: (i) Open for commercial vessels with a draft of 18 feet or more, provided at least 6 hours notice was given to the Berkley Bridge Traffic Control room at (757) 494–2490. (ii) Open on signal at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m. (4) If the bridge is not opened during a particular scheduled opening per subparagraph (b)(3)(ii) and a vessel has made prior arrangements for a delayed opening, the draw tender may provide a single opening up to 30 minutes past that scheduled opening time for that signaling vessel, except at 2:30 p.m. The draw tender may provide a single opening up to 20 minutes past the 2:30 p.m. scheduled opening time for a signaling vessel that made prior arrangements for a delayed opening. A vessel may make prior arrangements for a delayed opening by contacting the Berkley Bridge Traffic Control room at (757) 494–2490. During this test deviation, VDOT will continue to gather data from the scheduled openings, along with vessel counts, to compare, evaluate, and monitor both old and new traffic patterns in hope of reducing roadway congestion on the bridge and local commuting area by adjusting bridge openings to ensure a future regulation will not have a significant impact on navigation. Additional Information erowe on DSK5CLS3C1PROD with RULES This deviation has been coordinated with the main commercial waterway user group that has vessels transiting in this area and there is no expectation of any significant impacts on navigation. Vessels with mast heights of less than 48 feet, above mean high water, can pass underneath the bridge in the closed position. There are no alternate waterway routes. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: February 11, 2010. Wayne E. Justice, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2010–4365 Filed 3–2–10; 8:45 am] BILLING CODE 9110–04–P VerDate Nov<24>2008 14:14 Mar 02, 2010 Jkt 220001 POSTAL REGULATORY COMMISSION 39 CFR Part 3020 [Docket Nos. MC2010–17 and CP2010–18; Order No. 386] New Postal Product Postal Regulatory Commission Final rule. AGENCY: ACTION: SUMMARY: The Commission is adding Global Direct Contracts 1 to the Competitive Product List. This action is consistent with a postal reform law. Republication of the lists of market dominant and competitive products is also consistent with a statutory requirement. DATES: Effective April 2, 2010 and is applicable beginning January 11, 2010. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 202–789–6820 or stephen.sharfman@prc.gov. Regulatory History, 75 FR 471 (January 5, 2010). SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Background III. Comments IV. Commission Analysis V. Ordering Paragraphs I. Introduction The Postal Service seeks to add a new product identified as Global Direct Contracts 1 to the Competitive Product List. For the reasons discussed below, the Commission approves the Request. II. Background On December 23, 2009, the Postal Service filed a request seeking to add a new product, Global Direct Contracts 1, to the Global Direct Contracts product.1 The Global Direct product provides a rate for mail acceptance within the United States, transportation to a receiving country of mail that bears the destination country’s indicia, and payment by the Postal Service of the appropriate settlement charges to the receiving country. In support of its Request, the Postal Service incorporates by reference the Statement of Supporting Justification of Frank Cebello, Executive Director, Global Business Management, initially filed with its request in Docket Nos. MC2009–9, CP2009–10 and CP2009– 1 Notice of the United States Postal Service of Filing of Functionally Equivalent Global Direct Contracts Negotiated Service Agreement, and Request to Add Global Direct Contracts 1 to the Competitive Products List, December 23, 2009 (Request). PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 9523 11.2 The Request has been assigned Docket No. MC2010–17. The Postal Service contemporaneously filed a contract related to the proposed new product pursuant to 39 CFR 3015.5. The contract has been assigned Docket No. CP2010– 18 and is the successor to the contract approved in Docket No. CP2009–11. See Order No. 153. The Postal Service states that the instant contract is functionally equivalent to previously submitted Global Direct Contracts and is supported by Governors’ Decision No. 08–10, which establishes prices and classifications not of general applicability for Global Direct Contracts.3 In addition, the Postal Service contends that the contract is in accordance with Order No. 153. The contract term is 1 year from the effective date and may be automatically renewed unless the parties agree otherwise. Id. at 3–4. In support of its Request, the Postal Service filed the following five attachments: 1. Attachment 1–a redacted copy of the contract; 2. Attachment 2–a certified statement required by 39 CFR 3015.5(c)(2); 3. Attachment 3–an application for non-public treatment of materials to maintain the contract and supporting documents under seal; 4. Attachment 4–a redacted copy of Governors’ Decision No. 08–10, which establishes prices and classifications for Global Direct, Global Bulk Economy, and Global Plus Contracts; and 5. Attachment 5–a statement of supporting justification from Docket No. CP2009–11, which is included by reference for the instant contract to satisfy 39 CFR 3020.32. The Postal Service will notify the customer of the effective date of the contract within 30 days after receiving all regulatory approvals. Id. at 3–4. The related contract at issue under Docket No. CP2009–11 expires on January 11, 2 Docket Nos. MC2009–9, CP2009–10 and CP2009–11, Order Concerning Global Direct Contracts Negotiated Service Agreements, December 19, 2008 (Order No. 153). 3 Governors’ Decision No. 08–10, July 16, 2008, filed in Docket No. MC2008–7, establishes prices and classifications not of general applicability for Global Direct and Global Bulk Economy Contracts, as well as for Global Plus Contracts 2, which combines Global Direct and Global Bulk Economy services. As part of Governors’ Decision No. 08–10, the Postal Service submitted a description of Global Direct Contracts which it describes as ‘‘contracts giving a rate for mail acceptance within the United States and transportation to a receiving country with the addition by the customer of appropriate foreign postage charged by the receiving country.’’ Request, Attachment 4; see also Request at 2, n.3, citing PRC Order No. 153 at 9 (regarding indirect postage payment). E:\FR\FM\03MRR1.SGM 03MRR1

Agencies

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


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0083]


Drawbridge Operation Regulations; Elizabeth River, Eastern 
Branch, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary deviation from regulations; request for comments.

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

SUMMARY: The Commander, Fifth Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
Berkley Bridge across the Eastern Branch of the Elizabeth River, mile 
0.4, at Norfolk, Virginia. This deviation is necessary to test another 
change in the drawbridge operation schedule based on comments received 
from the first test deviation published on October 9, 2009.

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

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0083 using any one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
     Fax: 202-493-2251.
     Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    To avoid duplication, please use only one of these methods. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Terrance A. Knowles, Environmental Protection 
Specialist, Fifth Coast Guard District, telephone 757-398-6587, e-mail 
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 materials. 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-2010-0083), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (https://

[[Page 9522]]

www.regulations.gov), or by fax, mail or hand delivery, but please use 
only one of these means. If you submit a comment online via 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 ``Keyword'' box insert ``USCG-2010-0083,'' 
click ``Search,'' and then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0083'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Regulatory Information

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

Privacy Act

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

Public Meeting

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

Background and Purpose

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

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

    The traffic counts revealed that from October 2008 to December 
2008, the Berkley Bridge has experienced a seven percent (or 23,560-
car) increase in traffic flow. The Coast Guard anticipates a continued 
increase in vehicular traffic over the Berkley Bridge.
    The Coast Guard received 861 comments on both the temporary 
deviation and NPRM. A large majority of the responses from commuters 
approved the scheduled opening set-up. However, the local maritime 
community expressed objections to the schedule change to vessels. After 
review of all of the comments and bridge-related data received, the 
Coast Guard has determined that an alternative proposal should be 
considered.
    A Supplemental Proposed Rulemaking, [USCG-2009-0754], is being 
issued in conjunction with this Temporary Deviation to obtain 
additional public comments.
    The Coast Guard will evaluate public comments from this Temporary 
Deviation and the above-referenced Supplemental Proposed Rulemaking to 
determine if a proposed temporary change to the drawbridge operating 
regulation is warranted for the duration of the project.

The Test Schedule

    From March 10, 2010, to September 3, 2010, the draw of the Berkley 
Bridge, mile 0.4, at Norfolk, shall operate as follows:
    (1) The draw shall remain closed one hour prior to the published 
start of a scheduled marine event regulated under Sec.  100.501, and 
shall remain closed until one hour following the completion of the 
event unless the Patrol Commander designated under Sec.  100.501 allows 
the bridge to open for commercial vessel traffic.
    (2) The draw shall open on signal at any time for vessels carrying, 
in bulk,

[[Page 9523]]

cargoes regulated by 46 CFR subchapters D or O, or Certain Dangerous 
Cargoes as defined in 33 CFR 160.204.
    (3) For all other vessels, the draw shall open on signal at any 
time, except from 5 a.m. to 7 p.m., Monday through Friday, except 
Federal holidays. During these times, the draw shall:
    (i) Open for commercial vessels with a draft of 18 feet or more, 
provided at least 6 hours notice was given to the Berkley Bridge 
Traffic Control room at (757) 494-2490.
    (ii) Open on signal at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m.
    (4) If the bridge is not opened during a particular scheduled 
opening per subparagraph (b)(3)(ii) and a vessel has made prior 
arrangements for a delayed opening, the draw tender may provide a 
single opening up to 30 minutes past that scheduled opening time for 
that signaling vessel, except at 2:30 p.m. The draw tender may provide 
a single opening up to 20 minutes past the 2:30 p.m. scheduled opening 
time for a signaling vessel that made prior arrangements for a delayed 
opening. A vessel may make prior arrangements for a delayed opening by 
contacting the Berkley Bridge Traffic Control room at (757) 494-2490.
    During this test deviation, VDOT will continue to gather data from 
the scheduled openings, along with vessel counts, to compare, evaluate, 
and monitor both old and new traffic patterns in hope of reducing 
roadway congestion on the bridge and local commuting area by adjusting 
bridge openings to ensure a future regulation will not have a 
significant impact on navigation.

Additional Information

    This deviation has been coordinated with the main commercial 
waterway user group that has vessels transiting in this area and there 
is no expectation of any significant impacts on navigation. Vessels 
with mast heights of less than 48 feet, above mean high water, can pass 
underneath the bridge in the closed position. There are no alternate 
waterway routes.
    This deviation from the operating regulations is authorized under 
33 CFR 117.35.

    Dated: February 11, 2010.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2010-4365 Filed 3-2-10; 8:45 am]
BILLING CODE 9110-04-P
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