Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), Elizabeth River, Southern Branch, VA, 69879-69881 [2010-28737]

Download as PDF Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations mail Waverly.W.Gregory@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. The Norfolk Southern Railway (NSR) owns and operates the swing span of the Neuse River Railroad Bridge across Neuse River in New Bern NC. The bridge has zero vertical clearance in the closed position to vessels, above mean high water. The current operating regulations are outlined at 33 CFR 117.5, which requires the bridge to open promptly and fully for the passage of vessels when a request to open is given. NSR has requested a temporary deviation to the existing regulations for the Neuse River Railroad Bridge to facilitate mechanical repairs. The repairs consist of removing, refurbishing, and replacing of drive shaft bearings, wedge blocks, rail levers, and turnbuckles. Under this deviation, the swing span of the drawbridge will be maintained in the closed-to-navigation position from 8 a.m. on November 16, 2010, through 8 a.m. on November 18, 2010. According to information furnished by NSR, the swing span normally remains open to vessels, closing to permit rail traffic usually four times in a 24-hour period and these closures generally occur between 11 p.m. and 10 a.m. In 2009, between 10 a.m. and 11 p.m., vessel traffic passing at the swing span typically consisted of four yachts. The Coast Guard will inform the users of the waterway through our Local and Broadcast Notices to Mariners of the closure period so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. There are no alternate routes for vessels transiting this section of the Neuse River and the drawbridge will be unable to open in the event of an emergency. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulation is authorized under 33 CFR 117.35. jlentini on DSKJ8SOYB1PROD with RULES SUPPLEMENTARY INFORMATION: Dated: November 2, 2010. Waverly W. Gregory, Jr. Chief, Bridge Administration Branch, Fifth Coast Guard District. [FR Doc. 2010–28736 Filed 11–15–10; 8:45 am] BILLING CODE 9110–04–P VerDate Mar<15>2010 16:46 Nov 15, 2010 Jkt 223001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2010–0879] Drawbridge Operation Regulations; Atlantic Intracoastal Waterway (AIWW), Elizabeth River, Southern Branch, VA Coast Guard, DHS. Notice of temporary deviation from regulations; request for comments. AGENCY: ACTION: The Commander, Fifth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Gilmerton (US13/ 460) Bridge across the Elizabeth River (Southern Branch), AIWW mile 5.8, at Chesapeake, VA. This deviation will test a change to the drawbridge operation schedule to determine whether a schedule change is needed. This deviation will allow the bridge to remain in the closed position for certain vessels for longer morning and evening rush hour periods during the weekdays and will implement scheduled bridge openings between the rush hours and on the weekends. DATES: This deviation is effective from 6:30 a.m. on December 20, 2010 through 6:30 p.m. on June 18, 2011. Comments and related material must be received by the Coast Guard on or before April 18, 2011. ADDRESSES: You may submit comments identified by docket number USCG– 2010–0879 using any one of the following methods: (1) Federal Rulemaking Portal: 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. SUMMARY: If you have questions on this proposed rule, call or e-mail Bill H. Brazier, Bridge Management Specialist, Fifth FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 69879 Coast Guard District; telephone 757– 398–6422, e-mail Bill.H.Brazier@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–2010–0879), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (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 ‘‘Keyword’’ box insert ‘‘USCG–2010– 0879,’’ click ‘‘Search,’’ and then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 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. E:\FR\FM\16NOR1.SGM 16NOR1 69880 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations 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– 0879’’ and click ‘‘Search.’’ Click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one using one of the four methods specified under ADDRESSES. Please explain why one would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. Basis and Purpose The City of Chesapeake, Virginia (the City), who owns and operates the lifttype Gilmerton (US13/460) Bridge, has requested a temporary deviation to the existing bridge regulations. The normal operating schedule requires the Gilmerton (US13/460) Bridge, at AIWW mile 5.8 in Chesapeake, with a vertical clearance of seven feet above mean high tide in the closed position, to open on signal at anytime for commercial vessels carrying liquefied flammable gas or other hazardous materials. From 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 5:30 p.m. Monday through Friday, except Federal holidays, the draw need not open for the passage of recreational or commercial vessels; except the draw shall open any time for commercial cargo vessels, including tugs, and tugs with tows, if two hours advance notice is given to the Gilmerton Bridge at (757) 545–1512. In addition, the draw shall open on signal at all other times as required by 33 CFR 117.995(c). The current operating schedule has been in effect since November 17, 2003. The Gilmerton Bridge Replacement project, which has been underway since November 2009, will provide a new vertical-lift type bridge over the Southern Branch of the Elizabeth River to replace the existing bridge that was constructed in 1938. Due to the construction for the new Gilmerton (US13/460) Bridge, traffic is limited to one lane in each direction for the next three years. This test deviation will allow the City to monitor, measure, and identify congested roadway locations during heavy traffic periods. By expanding the morning and evening rush hour periods on the weekdays and implementing scheduled bridge openings between the rush hour periods and on the weekends, we anticipate a decrease in vehicular traffic congestion during the daytime hours. During this test deviation, the City will gather data from the scheduled openings, along with vessel counts, to compare, evaluate, and monitor both old and new traffic patterns in hope of reducing roadway congestion on the bridge and local commuting area by adjusting bridge openings to ensure any future regulation will not have a significant impact on navigation. Vessel traffic on this waterway consists of pleasure craft, tug and barge traffic, and ships with assist tugs. There are no alternate routes for vessels transiting this section of the Atlantic Intracoastal Waterway and the drawbridge will be able to open in the event of an emergency. According to records furnished by the City, there were a total of 6,195 bridge openings and 12,498 vessel passages occurring at the drawbridge between September 2009 and September 2010. (See Table A) TABLE A 2009 2009 2009 2009 2010 2010 2010 2010 2010 2010 2010 2010 2010 SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 459 365 516 791 628 902 BRIDGE OPENINGS FOR SEPTEMBER 2009–SEPTEMBER 2010 551 621 549 503 299 284 317 476 639 616 BOAT PASSAGES FOR SEPTEMBER 2009–SEPTEMBER 2010 jlentini on DSKJ8SOYB1PROD with RULES 892 1,858 1,361 645 406 Under normal conditions, the Gilmerton (US13/460) Bridge is a vital transportation route for over 35,000 motorists per day. According to recent vehicular traffic counts submitted by the City, the average daily traffic volume decreased at the Gilmerton (US13/460) Bridge to approximately 20,000 cars a day. Due to construction, the I–64 High Rise Bridge is the suggested alternate route for motorists. Even with the alternative vehicular route, the Coast Guard anticipates a continued increase in vehicular traffic congestion over the VerDate Mar<15>2010 16:46 Nov 15, 2010 Jkt 223001 392 478 967 1,770 Gilmerton (US13/460) Bridge due to the previously referenced vehicular traffic limitations. A Notice of Proposed Rulemaking, USCG–2010–0879, is being issued in conjunction with this Temporary Deviation to obtain additional public comments. The proposed rule will be in effect for three years until December 20, 2013. The Coast Guard will evaluate public comments from this Test Deviation and the above-referenced Notice of Proposed Rulemaking to determine if a temporary PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 1,408 change to the drawbridge operating regulation at 33 CFR 117.997(c) is warranted. From 6:30 a.m. on December 20, 2010 through 6:30 p.m. on June 18, 2011, the draw of the Gilmerton (US13/460) Bridge, at AIWW mile 5.8, shall open on signal at any time for commercial vessels carrying liquefied flammable gas or other hazardous materials. From 6:30 a.m. to 9:30 a.m. and from 3:30 p.m. to 6:30 p.m., Monday through Friday, except Federal holidays, the draw need not open for the passage of recreational E:\FR\FM\16NOR1.SGM 16NOR1 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Rules and Regulations or commercial vessels; except the draw shall open anytime for commercial cargo vessels, including tugs, and tugs with tows, if two hours advance notice is given to the Gilmerton Bridge at (757) 545–1512. From 9:30 a.m. to 3:30 p.m. Monday through Friday and from 6:30 a.m. to 6:30 p.m. Saturdays, Sundays and Federal holidays, the draw shall open on signal hourly on the half hour; except the draw shall open anytime for commercial cargo vessels, including tugs, and tugs with tows, if two hours advance notice is given to the Gilmerton Bridge at (757) 545–1512. At all other times, the draw shall open on signal. We anticipate a decrease in vehicular traffic congestion at the bridge, with no impact to vessels passing under the bridge in the closed position; however we foresee slight delays to vessels while transitioning to the new test opening schedule. This test deviation has been coordinated with the main commercial waterway user group, specifically, the Virginia Maritime Association who represents waterborne commerce in the Port of Hampton and there is no expectation of any significant impacts on navigation. Vessels with a mast height of less than seven feet can pass underneath the bridge in the closed position. There are no alternate waterway routes. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: November 2, 2010. Patrick B. Trapp, Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard District. [FR Doc. 2010–28737 Filed 11–15–10; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900–AN45 Responding to Disruptive Patients Department of Veterans Affairs. Final rule. AGENCY: jlentini on DSKJ8SOYB1PROD with RULES ACTION: This final rule amends the Department of Veterans Affairs (VA) regulation that authorizes appropriate action when a patient engages in disruptive behavior at a VA medical facility. This amendment updates VA’s current regulation to reflect modern SUMMARY: VerDate Mar<15>2010 16:46 Nov 15, 2010 Jkt 223001 medical care and ethical practices. The final rule authorizes VA to modify the time, place, and/or manner in which VA provides treatment to a patient, in order to ensure the safety of others at VA medical facilities, and to prevent any interference with the provision of medical care. DATES: This final rule is effective December 16, 2010. FOR FURTHER INFORMATION CONTACT: Roscoe Butler, Acting Director, Business Policy, Chief Business Office (163), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461–1586. (This is not a toll free number.) SUPPLEMENTARY INFORMATION: Under 38 U.S.C. chapters 17 and 18, VA has authority to provide medical care to certain veterans and non-veterans. VA is required, per 38 U.S.C. 1721, to prescribe rules and regulations to promote good conduct on the part of VA patients. VA has implemented this authority in 38 CFR part 17. Regarding the rights of patients receiving VA care, 38 CFR 17.33(a) prescribes, in part, that patients have ‘‘a right to be treated with dignity in a humane environment that affords them both reasonable protection from harm and appropriate privacy with regard to their personal needs.’’ Patients also have ‘‘a right to receive, to the extent of eligibility therefor under the law, prompt and appropriate treatment for any physical or emotional disability.’’ Section 17.33(b) also prescribes rights with respect to visitations and communications, clothing, personal possessions, money, social interaction, exercise, and worship for VA residents and inpatients. These rights may be restricted by the appropriate health care professional in certain circumstances. See 38 CFR 17.33(c). The restrictions authorized by § 17.33(c), however, do not apply to outpatients and only cover restrictions on the listed rights. In certain cases, VA must restrict the provision of medical care to a patient in order to prevent harm to other patients and VA staff and disruptions in VA’s provision of medical care due to the patient’s behavior. VA regulations also prescribe rules of conduct for patients and other individuals who have access to VA facilities. See 38 CFR 1.218. In particular, § 1.218(a)(5) prohibits persons on VA property from causing a wide variety of disturbances, including creating ‘‘loud or unusual noise,’’ obstructing public areas, and impeding or disrupting ‘‘the performance of official duties by Government PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 69881 employees.’’ The sole enforcement mechanism provided by paragraph (a)(5) is ‘‘arrest and removal from the premises.’’ 38 CFR 1.218(a)(5). VA has determined that arrest is generally not an appropriate remedy in a situation where the Department must balance the rights and needs of a disruptive patient against the need to protect other patients, guests, and staff. Some patients establish a pattern of disruptive behavior when interacting with VA personnel or when they are on VA property, and we believe that by understanding these patterns of behavior, planning for such behavior in advance, and setting safe conditions for care delivery, we can intervene in ways that can prevent subsequent episodes requiring removal and arrest. In addition to §§ 1.218 and 17.33, the behavior of patients is specifically governed by current 38 CFR 17.106. It requires, in part, that VA maintain the good conduct of patients through ‘‘corrective and disciplinary procedure.’’ However, current § 17.106, which VA promulgated in 1973 and last amended over 10 years ago, does not adequately reflect modern practice or VA’s policy regarding disruptive patients in the health care setting, which opposes the use of punishment in the management of disruptive patients. Instead, it reflects the view that patients exhibiting disruptive behavior must be punished. For example, current § 17.106 emphasizes disciplining patients who do not engage in ‘‘good conduct,’’ and includes measures (such as withholding pass privileges) that do not differentiate between providing care and ensuring the safety of others. Moreover, the current rule could be viewed as interfering with VA’s legal obligation to provide medical care to certain veterans and non-veterans. Accordingly, VA has determined that amendments to current regulations are necessary to implement its policy regarding disruptive patients, which emphasizes continuation of treatment. On June 1, 2010, we proposed to amend § 17.106 to prescribe the remedial measures VA will take when a patient is disruptive and the procedures for implementing those measures. 75 FR 30,306. We stated that our intent was to minimize the risk of a particular patient jeopardizing the health or safety of others, or disrupting the safe provision of medical care to another patient, in a VA medical facility. We received three comments on the proposed rule. All of the commenters supported the proposed rule, and there were no adverse comments on the content of the proposed regulation text or on the rationales for the regulation text that we E:\FR\FM\16NOR1.SGM 16NOR1

Agencies

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


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0879]


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

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

SUMMARY: The Commander, Fifth Coast Guard District, has issued a 
temporary deviation from the regulation governing the operation of the 
Gilmerton (US13/460) Bridge across the Elizabeth River (Southern 
Branch), AIWW mile 5.8, at Chesapeake, VA. This deviation will test a 
change to the drawbridge operation schedule to determine whether a 
schedule change is needed. This deviation will allow the bridge to 
remain in the closed position for certain vessels for longer morning 
and evening rush hour periods during the weekdays and will implement 
scheduled bridge openings between the rush hours and on the weekends.

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

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0879 using any one of the following methods:
    (1) Federal Rulemaking Portal: 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 Bill H. Brazier, Bridge Management Specialist, 
Fifth Coast Guard District; telephone 757-398-6422, e-mail 
Bill.H.Brazier@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-2010-0879), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (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 ``Keyword'' box insert ``USCG-2010-0879,'' 
click ``Search,'' and then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

[[Page 69880]]

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to https://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0879'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

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

Public Meeting

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

Basis and Purpose

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

                                                                         Table A
--------------------------------------------------------------------------------------------------------------------------------------------------------
   2009        2009        2009        2009        2010        2010        2010        2010        2010        2010        2010        2010       2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
    SEP         OCT         NOV         DEC         JAN         FEB         MAR         APR         MAY         JUN         JUL        AUG        SEP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    BRIDGE OPENINGS FOR SEPTEMBER 2009-SEPTEMBER 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
     551         621         549         503         299         284         317         476         639         616         459        365        516
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     BOAT PASSAGES FOR SEPTEMBER 2009-SEPTEMBER 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
     892       1,858       1,361         645         406         392         478         967       1,770       1,408         791        628        902
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Under normal conditions, the Gilmerton (US13/460) Bridge is a vital 
transportation route for over 35,000 motorists per day. According to 
recent vehicular traffic counts submitted by the City, the average 
daily traffic volume decreased at the Gilmerton (US13/460) Bridge to 
approximately 20,000 cars a day. Due to construction, the I-64 High 
Rise Bridge is the suggested alternate route for motorists. Even with 
the alternative vehicular route, the Coast Guard anticipates a 
continued increase in vehicular traffic congestion over the Gilmerton 
(US13/460) Bridge due to the previously referenced vehicular traffic 
limitations.
    A Notice of Proposed Rulemaking, USCG-2010-0879, is being issued in 
conjunction with this Temporary Deviation to obtain additional public 
comments. The proposed rule will be in effect for three years until 
December 20, 2013.
    The Coast Guard will evaluate public comments from this Test 
Deviation and the above-referenced Notice of Proposed Rulemaking to 
determine if a temporary change to the drawbridge operating regulation 
at 33 CFR 117.997(c) is warranted.
    From 6:30 a.m. on December 20, 2010 through 6:30 p.m. on June 18, 
2011, the draw of the Gilmerton (US13/460) Bridge, at AIWW mile 5.8, 
shall open on signal at any time for commercial vessels carrying 
liquefied flammable gas or other hazardous materials. From 6:30 a.m. to 
9:30 a.m. and from 3:30 p.m. to 6:30 p.m., Monday through Friday, 
except Federal holidays, the draw need not open for the passage of 
recreational

[[Page 69881]]

or commercial vessels; except the draw shall open anytime for 
commercial cargo vessels, including tugs, and tugs with tows, if two 
hours advance notice is given to the Gilmerton Bridge at (757) 545-
1512.
    From 9:30 a.m. to 3:30 p.m. Monday through Friday and from 6:30 
a.m. to 6:30 p.m. Saturdays, Sundays and Federal holidays, the draw 
shall open on signal hourly on the half hour; except the draw shall 
open anytime for commercial cargo vessels, including tugs, and tugs 
with tows, if two hours advance notice is given to the Gilmerton Bridge 
at (757) 545-1512. At all other times, the draw shall open on signal.
    We anticipate a decrease in vehicular traffic congestion at the 
bridge, with no impact to vessels passing under the bridge in the 
closed position; however we foresee slight delays to vessels while 
transitioning to the new test opening schedule.
    This test deviation has been coordinated with the main commercial 
waterway user group, specifically, the Virginia Maritime Association 
who represents waterborne commerce in the Port of Hampton and there is 
no expectation of any significant impacts on navigation. Vessels with a 
mast height of less than seven feet can pass underneath the bridge in 
the closed position. There are no alternate waterway routes.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the designated 
time period. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.

    Dated: November 2, 2010.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 2010-28737 Filed 11-15-10; 8:45 am]
BILLING CODE 9110-04-P
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