Drawbridge Operation Regulations; Elizabeth River, Eastern Branch, VA, 9521-9523 [2010-4365]
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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any period of parole that was revoked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
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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
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Fmt 4700
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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,
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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
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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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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).
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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).
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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,
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cargoes regulated by 46 CFR subchapters D or O, or Certain Dangerous
Cargoes as defined in 33 CFR 160.204.
(3) For all other vessels, the draw shall open on signal at any
time, except from 5 a.m. to 7 p.m., Monday through Friday, except
Federal holidays. During these times, the draw shall:
(i) Open for commercial vessels with a draft of 18 feet or more,
provided at least 6 hours notice was given to the Berkley Bridge
Traffic Control room at (757) 494-2490.
(ii) Open on signal at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m.
(4) If the bridge is not opened during a particular scheduled
opening per subparagraph (b)(3)(ii) and a vessel has made prior
arrangements for a delayed opening, the draw tender may provide a
single opening up to 30 minutes past that scheduled opening time for
that signaling vessel, except at 2:30 p.m. The draw tender may provide
a single opening up to 20 minutes past the 2:30 p.m. scheduled opening
time for a signaling vessel that made prior arrangements for a delayed
opening. A vessel may make prior arrangements for a delayed opening by
contacting the Berkley Bridge Traffic Control room at (757) 494-2490.
During this test deviation, VDOT will continue to gather data from
the scheduled openings, along with vessel counts, to compare, evaluate,
and monitor both old and new traffic patterns in hope of reducing
roadway congestion on the bridge and local commuting area by adjusting
bridge openings to ensure a future regulation will not have a
significant impact on navigation.
Additional Information
This deviation has been coordinated with the main commercial
waterway user group that has vessels transiting in this area and there
is no expectation of any significant impacts on navigation. Vessels
with mast heights of less than 48 feet, above mean high water, can pass
underneath the bridge in the closed position. There are no alternate
waterway routes.
This deviation from the operating regulations is authorized under
33 CFR 117.35.
Dated: February 11, 2010.
Wayne E. Justice,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2010-4365 Filed 3-2-10; 8:45 am]
BILLING CODE 9110-04-P