Drawbridge Operation Regulation; Elizabeth River, Eastern Branch, Norfolk, VA, 52599-52604 [2012-21384]
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Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Rules and Regulations
List of Subjects in 7 CFR Part 1260
Administrative practice and
procedure, Advertising, Agricultural
research, Imports, Marketing agreement,
Meat and meat products, Reporting and
recordkeeping requirements.
For reasons set forth in the preamble,
7 CFR part 1260 is amended as follows:
PART 1260—BEEF PROMOTION AND
RESEARCH
1. The authority citation for 7 CFR
part 1260 continues to read as follows:
■
Authority: 7 U.S.C. 2901–2911 and 7
U.S.C. 7401.
2. In § 1260.113, paragraph (c) is
revised to read as follows:
■
§ 1260.113 Established national non-profit
industry-governed organizations.
*
*
*
*
*
(c) Have been active and ongoing for
at least two years.
Dated: August 22, 2012.
David R. Shipman,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2012–21374 Filed 8–29–12; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0679]
Drawbridge Operation Regulation;
Sacramento River, Sacramento, CA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
regulation that governs the Tower
Drawbridge across Sacramento River,
mile 59.0, at Sacramento, CA. The
deviation is necessary to allow the
community to participate in the A.L.S.
5K walk and run event. This deviation
allows the bridge to remain in the
closed-to-navigation position during the
event.
DATES: This deviation is effective from
11 a.m. to 2 p.m., on October 6, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of the docket USCG–
2012–0679 and are available online by
going to https://www.regulations.gov,
inserting USCG–2012–0679 in the
‘‘Keyword’’ box and then clicking
erowe on DSK2VPTVN1PROD with
SUMMARY:
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52599
‘‘Search’’. They are also available for
inspection or copying at the 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, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
DEPARTMENT OF HOMELAND
SECURITY
If
you have questions on this rule, call or
email David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone 510–437–3516, email
David.H.Sulouff@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
Drawbridge Operation Regulation;
Elizabeth River, Eastern Branch,
Norfolk, VA
FOR FURTHER INFORMATION CONTACT:
The
California Department of Transportation
has requested a temporary change to the
operation of the Tower Drawbridge,
mile 59.0, over Sacramento River, at
Sacramento, CA. The drawbridge
navigation span provides a vertical
clearance of 30 feet above Mean High
Water in the closed-to-navigation
position. The draw opens on signal from
May 1 through October 31 from 6 a.m.
to 10 p.m. and from November 1
through April 30 from 9 a.m. to 5 p.m.
At all other times the draw shall open
on signal if at least four hours notice is
given, as required by 33 CFR 117.189(a).
Navigation on the waterway is
commercial and recreational.
The drawspan will be secured in the
closed-to-navigation position from 11
a.m. to 2 p.m. on October 6, 2012 to
allow the community to participate in
the A.L.S. 5K walk and run event. This
temporary deviation has been
coordinated with waterway users. There
are no scheduled river boat cruises or
anticipated levee maintenance during
this deviation period. No objections to
the proposed temporary deviation were
raised. Vessels that can transit the
bridge, while in the closed-to-navigation
position, may continue to do so at any
time. In the event of an emergency the
drawspan can be opened without delay.
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.
SUPPLEMENTARY INFORMATION:
Dated: August 21, 2012.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2012–21383 Filed 8–29–12; 8:45 am]
BILLING CODE 9110–04–P
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Coast Guard
33 CFR Part 117
[USCG–2012–0357]
RIN 1625–AA09
Coast Guard, DHS.
Interim rule with request for
comments.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
Berkley (I–264) Bridge, at mile 0.4,
across the Eastern Branch of the
Elizabeth River, Norfolk, VA. The
current temporary regulation for the
Berkley Bridge is scheduled to end on
October 5, 2012. This regulation will
make the provisions of the temporary
regulation permanent. This change to
the regulation is necessary to alleviate
heavy vehicular traffic delays
throughout the day and secondary
congestion during the afternoon rush
hour, while still providing for the
reasonable needs of navigation.
DATES: This interim rule is effective at
5 a.m. on October 6, 2012. Comments
and related material must reach the
Coast Guard on or before October 1,
2012.
SUMMARY:
You may submit comments
identified by docket number USCG–
2012–0357 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC, 20590–0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these four methods. See
the ‘‘Public Participation and Request
for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
ADDRESSES:
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Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Rules and Regulations
If
you have questions on this proposed
rule, call or email Terrance A. Knowles,
Environmental Protection Specialist,
Fifth Coast Guard District, at (757) 398–
6587, 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:
FOR FURTHER INFORMATION CONTACT:
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. All
comments received will be posted,
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2012–0357),
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
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 email address,
or a phone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rules’’ and insert
‘‘USCG–2012–0357’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 8c 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
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envelope. We will consider all
comments and material received during
the comment period and may change
the rule based on your comments.
2. 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–2012–
0357’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit either the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC, 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. We have an
agreement with the Department of
Transportation to use the Docket
Management Facility.
3. 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).
4. 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. For information
on facilities or services for individuals
with disabilities or to request special
assistance at the public meeting, contact
Terrance Knowles at the telephone
number or email address indicated
under the FOR FURTHER INFORMATION
CONTACT section of this notice.
B. Regulatory History and Information
The Coast Guard is issuing this
interim final rule without prior notice
and opportunity to comment pursuant
to authority under section 4(a) of the
Administrative Procedure Act (APA)(5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
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to the public interest.’’ Under 5 U.S.C.
553(b), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule for the following
reasons:
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.
On March 3, 2010, we published a
notice of temporary deviation request
for comments entitled; ‘‘Drawbridge
Operation Regulations; Elizabeth River,
Eastern Branch, Norfolk, VA’’ in the
Federal Register (75 FR 9521) and a
supplemental notice of proposed
rulemaking (SNPRM) entitled
‘‘Drawbridge Operation Regulations;
Elizabeth River, Eastern Branch,
Norfolk, VA’’ in the Federal Register (75
FR 9557). We received four comments
on the published deviation and SNPRM.
No public meeting was requested, and
none was held.
On August 6, 2010, we published a
final rule entitled ‘‘Drawbridge
Operation Regulations; Elizabeth River,
Eastern Branch, Norfolk, VA’’ in the
Federal Register (75 FR 47461) that
temporarily changed the drawbridge
operation regulations effective from 9
a.m. on September 4, 2010 until 2:30
p.m. on October 5, 2012.
The establishment of this regulation,
effective since September 4, 2010, does
not place any additional constraints on
the waterway users because mariners
have been using the temporary schedule
for almost two years and can still plan
their trips in accordance with the
scheduled bridge openings. Any delay
in the issuance of this rule after October
5, 2012 will result in the bridge
operating schedule reverting back to the
previous on-demand operation of the
bridge that produced a tremendous
amount of delay. These delays were
unpredictable for motorists, and will
continue to increase with population
growth and any increase in associated
traffic. We, therefore, believe to avoid
any increased traffic delays and since
this rule makes permanent an already
existing bridge schedule, it is
unnecessary and contrary to the public
interest to publish an NPRM.
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C. Basis and Purpose
On behalf of the Cities of Chesapeake
and Norfolk Virginia, the Virginia
Department of Transportation (VDOT),
which owns and operates the basculetype Berkley Bridge, has requested a
permanent change to the bridge
regulations. The proposed regulation
would implement and make permanent
those temporary regulations currently in
effect.
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. In the closed to navigation
position, the Berkley Bridge has a
vertical clearance of 48 feet above mean
high water. Vessel traffic on this portion
of the Elizabeth River waterway consists
of pleasure craft, tug and barge traffic,
and ships with assist tugs seeking
repairs. There is no alternate waterway
route.
The regulation set out in Title 33 CFR
117.1007 (b) and (c) allows the Berkley
Bridge, mile 0.4, in Norfolk, Virginia 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).
The temporary regulation, which
modified the above schedule, is
effective from 9 a.m. on September 4,
2010 until 2:30 p.m. on October 5, 2012.
During the temporary regulation, the
draw shall 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. The draw shall open on signal at
any time for vessels carrying, in bulk,
cargoes regulated by 46 CFR
subchapters D or O, or Certain
Dangerous Cargoes as defined in 33 CFR
160.204. For all other vessels, the draw
shall open on signal at any time, except
from 5 a.m. to 7 p.m., Monday through
Friday, except Federal holidays. During
these times, the draw shall open for
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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;
open on signal at 9 a.m., 11 a.m., 1 p.m.
and 2:30 p.m.; and if the bridge is not
opened during a particular scheduled
opening 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.
The temporary regulation, detailed in
the immediately preceding paragraph, is
scheduled to expire on October 5, 2012.
This new Interim Final Rule would
make those temporary opening
procedures permanent. By imposing the
temporary regulation as permanent; we
anticipate less vehicular traffic
congestion between 9 a.m. and 3 p.m.,
while causing fewer secondary back-ups
during rush hours, as compared to
increased traffic when the bridge opens
on signal.
In 2008, prior to implementing the
temporary regulation, a Test Deviation
published in the Federal Register (75
FR 52143) was issued to allow VDOT to
test the proposed schedule and to obtain
data and public comments. During that
Test Deviation period, a count of the
delayed vessels during the closure
periods was taken to ensure the
regulation would not have a significant
impact on navigation. The monthly
vehicular traffic counts submitted by
VDOT for the last quarter of calendar
year 2008 showed the average daily
traffic volumes at the Berkley Bridge
(See Table A):
TABLE A
OCT 2008 .................
NOV 2008 .................
DEC 2008 .................
83,296 vehicles.
99,643 vehicles.
106,856 vehicles.
The traffic counts revealed that from
October 2008 to December 2008, the
Berkley Bridge experienced a seven
percent (or 23,560-car) increase in
vehicular traffic flow. The Coast Guard
believes that the increase was due to the
previously referenced temporary closure
of two Norfolk-area bridges and that
vehicular traffic will subside when
those bridges return to service.
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52601
The Coast Guard received 861
comments on both the temporary
deviation and NPRM originally
proposed in 2009. A large majority of
the responses from commuters were in
support of the scheduled opening setup. However, the local maritime
community expressed some objections
to the schedule change to vessels.
After review of all of the comments
and bridge-related data received, the
Coast Guard had determined that an
alternative proposal should be
considered.
From September 3, 2010 to October 5,
2012, an alternative proposal was
offered with changes made that allowed
for the draw of the Berkley Bridge to
open on signal for the proposed
drawbridge openings (scheduled during
the daytime) which expected to
similarly cause a decrease in traffic
congestion. Concurrent with the
publication of the Supplemental Notice
of Proposed Rulemaking (SNPRM),
another Test Deviation was issued to
allow VDOT to test another proposed
schedule and to acquire additional data
and public comments.
The Coast Guard received four
responses to the SNPRM and the second
temporary deviation, one each by letter
and to the Web site at
www.regulations.gov along with two
emails.
The Virginia Maritime Association
(VMA), which represents waterborne
commerce in the Port of Hampton
Roads, responded in writing with its
support of the revised regulation and its
statement that the current operating
regulation incorporates the minimum
degree of flexibility that the maritime
industry can accept. VDOT also
indicated that the new Berkley Bridge
operating regulation had improved the
flow of vehicular traffic while still
meeting the minimum needs of
navigation.
VMA, VDOT and two private citizens
expressed concerns about unscheduled
openings that caused vehicular traffic
congestion. The unscheduled openings
were provided for Government vessels,
vessels with a draft of 18 feet or more
that provided at least 6 hours advance
notice and for vessels hauling dangerous
cargo.
The Coast Guard reviewed the bridge
data supplied by VDOT. The
information indicated that during the
deviation test period (from March 3,
2010 to July 1, 2010), that a total of 260
potential bridge openings for vessels
could have been provided Monday
through Friday, except Federal holidays,
at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m.
The data showed the bridge only
opened 88 times of the 260 potential
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openings. The data also revealed that
seven bridge openings were provided
just about 15 minutes past the
scheduled opening time at 9 a.m., 11
a.m. and 1 p.m. and that the average
opening usually lasted 12 minutes; a
later opening at 2:30 p.m. would add to
the traffic congestion during the rush
hour. However, due to good
communication with the general public
by using road signs and broadcasts,
there was only one opening that
occurred after 2:45 p.m. A majority of
those openings were provided primarily
for commercial vessels, with a
maximum of four vessels transiting
through a single bridge opening. The
subsequent changes to the operating
procedures appear to have reduced
vehicular traffic congestion while still
providing for the reasonable needs of
navigation. Based on the information
provided, the revised temporary rule
was implemented with no changes to
the SNPRM.
Since October 2010, according to
recent data provided by VDOT, the
Berkley Bridge average daily traffic
volume is approximately 106,000
vehicles per day which ranks it among
the most heavily traveled routes in the
region (See Table B).
TABLE B—AVERAGE DAILY VEHICULAR TRAFFIC COUNT
Hourly total
OCT 2010
JAN 2011
MAY 2011
AUG 2011
JAN 2012
Average
9AM–10AM ......................................................................
10AM–11AM ....................................................................
11AM–12PM ....................................................................
12PM–1PM ......................................................................
1PM–2PM ........................................................................
2PM–3PM ........................................................................
6,509
6,248
6,443
6,714
6,860
7,330
6,230
6,074
6,008
6,583
6,345
7,133
6,545
6,362
6,457
6,781
6,766
7,361
6,335
6,383
6,439
6,780
6,760
7,210
5,956
5,898
5,927
6,283
6,249
7,032
6,315
6,193
6,255
6,628
6,596
7,213
Total ..........................................................................
40,103
38,373
40,270
39,906
37,345
39,199
Overall hourly average—6,533
The temporary regulation schedule
provides four bridge lift opportunities
each weekday between 9 a.m. and 3
p.m. This equates to a maximum of 88
lifts per month (assuming 22 workdays
per month). Since October 2010, there
has been an average of only 24
requested lifts per month—a usage rate
of only 27% of capacity (See Table C).
TABLE C—BRIDGE OPENING COUNTS
2010
OCT
2010
NOV
2010
DEC
2011
JAN
2011
FEB
2011
MAR
2011
APR
2011
MAY
2011
JUN
2011
JUL
2011
AUG
2011
SEP
2011
OCT
2011
NOV
2011
DEC
2012
JAN
2012
FEB
MONTHLY
AVERAGE
TOTAL
30
15
23
28
27
29
23
22
28
20
9
21
19
34
15
23
35
23.6
401
BRIDGE OPENING AVERAGE DURATION (IN MINUTES)
2010
NOV
2010
DEC
2011
JAN
2011
FEB
2011
MAR
2011
APR
2011
MAY
2011
JUN
2011
JUL
2011
AUG
2011
SEP
2011
OCT
2011
NOV
2011
DEC
2012
JAN
2012
FEB
MONTHLY
AVERAGE
10.0
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2010
OCT
9.9
9.7
8.9
9.4
9.1
9.0
8.9
10.2
10.1
9.3
10.0
9.1
9.1
8.7
10.1
12.3
9.6
Prior to execution of the temporary
deviation and temporary regulation
periods, the average duration of a bridge
lift was approximately 15 minutes.
Throughout the same periods, the
average duration of bridge lifts has been
9.6 minutes—a reduction of 5.4 minutes
per lift.
The temporary closures of two
Norfolk-area bridges, forced increased
use of the Berkley Bridge by vehicular
traffic. Now with those bridges near
completion, the Berkley Bridge and its
approaches still experience back-ups,
delays, and congestion, due to increased
traffic and population. The Hampton
Roads Planning District Commission
projected a population growth of 31%
by 2034. This continued increase in
traffic volume in Norfolk and at the
Berkley Bridge is not expected to
decrease in the future. The temporary
rule draw opening schedule has helped
to decrease the average bridge opening
times, and the rule has led to only 27%
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of the available opening time being
utilized by mariners. Continuing this
schedule as proposed in the Interim
Final Rule will help to mitigate future
adverse impacts caused by the increased
traffic congestion.
Assuming no reduction in maritime
traffic volume, this reduction in lift
duration has resulted in a significant
efficiency increase in the use of time the
bridge is actually opened for vessels and
a significant reduction in delays to
vehicular traffic during vessel openings.
The reduction in lift duration combined
with the predictability of scheduled lifts
optimally balances the competing
demands of both road and waterway
users.
D. Discussion of Interim Rule
The Coast Guard is amending the
regulations governing the Berkley
Bridge, mile 0.4, at Norfolk, Virginia, at
33 CFR § 117.1007, by revising
paragraph (b)(2) to read as follows: The
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draw shall open on signal at any time
for vessels carrying, in bulk, cargoes
regulated by 46 CFR subchapters D or O,
or Certain Dangerous Cargoes as defined
in 33 CFR 160.204; For all other vessels,
the draw shall open on signal at any
time, except from 5 a.m. to 7 p.m.,
Monday through Friday, except Federal
holidays. During these times, the draw
shall open for commercial vessels with
a draft of 18 feet or more, provided at
least 6 hours notice was given to the
Berkley Bridge Traffic Control room at
(757) 494–2490; open on signal at 9
a.m., 11 a.m., 1 p.m. and 2:30 p.m.; and
if the bridge is not opened during a
particular scheduled opening 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
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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.
The Coast Guard believes that this
permanent change is necessary to
reduce vehicular traffic congestion
throughout the day and during rush
hour time periods. Results of studies
conducted since the temporary
regulation went into effect in September
2010 confirm that scheduled lifts have
decreased congestion without negatively
impacting waterway users. Scheduled
lifts, according to the statistics, are
currently being utilized well under
capacity by the maritime public.
Furthermore, waterway users are
accustomed to this schedule, as it has
been in effect since September 2010.
E. Regulatory Analyses
We developed this interim rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes or
executive orders.
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1. Regulatory Planning and Review
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The
Office of Management and Budget has
not reviewed it under those Orders.
We reached this conclusion based on
the fact that the changes have only a
minimal impact on maritime traffic
transiting the bridge. Mariners can plan
their trips in accordance with the
scheduled bridge openings, to minimize
delays.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), (5 U.S.C. 601–612), as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The Coast
Guard received no comments from the
Small Business Administration on this
rule. The Coast Guard certifies under 5
U.S.C. 605(b) that this interim rule will
not have a significant economic impact
on a substantial number of small
entities.
This action will not have a significant
economic impact on a substantial
number of small entities because the
rule only adds minimal restrictions to
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the movement of navigation, in allowing
four scheduled openings during the day,
outside of the advance notice request
opening. Mariners who plan their
transits in accordance with the
scheduled bridge openings can
minimize delay. And, vessels that can
pass under the bridge without a bridge
opening may do so at all times. Before
the effective period, we will issue
maritime advisories widely available to
users of the river.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this proposed rule or any policy
or action of the Coast Guard.
4. Collection of Information
This rule would call for no new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
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52603
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
INFORMATION CONTACT
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule would not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use because it is not a
‘‘significant regulatory action’’ under
Executive Order 12866 and is not likely
to have a significant adverse effect on
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Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Rules and Regulations
the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, and
Commandant Instruction M16475.lD
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This rule
simply promulgates the operating
regulations or procedures for
drawbridges. This rule is categorically
excluded under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1 paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
2. In § 117.1007, revise paragraph (b)
and remove paragraph (c) to read as
follows:
■
§ 117.1007
Branch.
Elizabeth River—Eastern
*
*
*
*
*
(b) The draw of the Berkley Bridge,
mile 0.4 in Norfolk:
(1) Shall remain closed one hour prior
to the published start of a scheduled
marine event regulated under § 100.501
of this chapter, and shall remain closed
until one hour following the completion
of the event unless the Patrol
Commander designated under § 100.501
of this chapter allows the bridge to open
for commercial vessel traffic.
(2) Shall open on signal at any time
for vessels carrying, in bulk, cargoes
regulated by 46 CFR subchapters D or O,
or Certain Dangerous Cargoes as defined
in 33 CFR 160.204.
(3) For all other vessels, the draw
shall open on signal at any time, except
from 5 a.m. to 7 p.m., Monday through
Friday, except Federal holidays. During
these times, the draw shall:
(i) Open for commercial vessels with
a draft of 18 feet or more, provided at
least 6 hours notice was given to the
Berkley Bridge Traffic Control room at
(757) 494–2490.
(ii) Open on signal at 9 a.m., 11 a.m.,
1 p.m. and 2:30 p.m.
(4) If the bridge is not opened during
a particular scheduled opening per
paragraph (b)(3)(ii) of this section and a
vessel has made prior arrangements for
a delayed opening, the draw tender may
provide a single opening up to 30
minutes past that scheduled opening
time for that signaling vessel, except at
2:30 p.m. The draw tender may provide
a single opening up to 20 minutes past
the 2:30 p.m. scheduled opening time
for a signaling vessel that made prior
arrangements for a delayed opening. A
vessel may make prior arrangements for
a delayed opening by contacting the
Berkley Bridge Traffic Control room at
(757) 494–2490.
*
*
*
*
*
Dated: August 16, 2012.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard Commander,
Fifth Coast Guard District.
[FR Doc. 2012–21384 Filed 8–29–12; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0384]
Special Local Regulations; Safety
Zones; Recurring Events in Captain of
the Port Long Island Sound
AGENCY:
Coast Guard, DHS.
Notice of enforcement of
regulation.
ACTION:
The Coast Guard will enforce
two fireworks display safety zones in
the Sector Long Island Sound area of
responsibility on various dates and
times listed in the table below. This
action is necessary to provide for the
safety of life on navigable waterways
during these fireworks displays. During
the enforcement period, no person or
vessel may enter the safety zones
without permission of the Captain of the
Port (COTP) Sector Long Island Sound
or designated representative.
SUMMARY:
The regulations in 33 CFR
165.151 will be enforced during the
dates and time shown in Table 1 in the
SUPPLEMENTARY INFORMATION.
DATES:
If
you have questions on this notice, call
or email Petty Officer Joseph Graun
Prevention Department U.S. Coast
Guard Sector Long Island Sound (203)
468–4544, joseph.L.Graun@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The Coast
Guard will enforce the safety zones
listed in 33 CFR 165.151 on the
specified dates and times as indicated in
tables above. If the event is delayed by
inclement weather, the regulation will
be enforced on the rain date indicated
in tables below. These regulations were
published in the Federal Register on
February 10, 2012 (77 FR 6954).
SUPPLEMENTARY INFORMATION:
BILLING CODE 9110–04–P
TABLE 1 TO § 165.151
August
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8.5
Old Black Point Beach Association Fireworks ................................
• Date: August 18, 2012.
• Rain Date: August 19, 2012.
• Location: Waters off Old Black Point Beach East Lyme, CT in approximate position, 41°17′34.9″ N, 072°12′55″ W (NAD 83).
September
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]]>Agencies
[Federal Register Volume 77, Number 169 (Thursday, August 30, 2012)]
[Rules and Regulations]
[Pages 52599-52604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21384]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[USCG-2012-0357]
RIN 1625-AA09
Drawbridge Operation Regulation; Elizabeth River, Eastern Branch,
Norfolk, VA
AGENCY: Coast Guard, DHS.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Berkley (I-264) Bridge, at mile 0.4, across the Eastern
Branch of the Elizabeth River, Norfolk, VA. The current temporary
regulation for the Berkley Bridge is scheduled to end on October 5,
2012. This regulation will make the provisions of the temporary
regulation permanent. This change to the regulation is necessary to
alleviate heavy vehicular traffic delays throughout the day and
secondary congestion during the afternoon rush hour, while still
providing for the reasonable needs of navigation.
DATES: This interim rule is effective at 5 a.m. on October 6, 2012.
Comments and related material must reach the Coast Guard on or before
October 1, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0357 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-
140, 1200 New Jersey Avenue SE., Washington, DC, 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods. See the ``Public Participation and Request for Comments''
portion of the SUPPLEMENTARY INFORMATION section below for instructions
on submitting comments.
[[Page 52600]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Terrance A. Knowles, Environmental Protection
Specialist, Fifth Coast Guard District, at (757) 398-6587,
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:
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. All comments received will be posted,
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0357), 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 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 email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2012-0357'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8[frac12] 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.
2. 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-2012-0357'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit either the Docket Management Facility in Room W12-
140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC, 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We
have an agreement with the Department of Transportation to use the
Docket Management Facility.
3. 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).
4. 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. For
information on facilities or services for individuals with disabilities
or to request special assistance at the public meeting, contact
Terrance Knowles at the telephone number or email address indicated
under the FOR FURTHER INFORMATION CONTACT section of this notice.
B. Regulatory History and Information
The Coast Guard is issuing this interim final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA)(5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule for the following reasons:
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.
On March 3, 2010, we published a notice of temporary deviation
request for comments entitled; ``Drawbridge Operation Regulations;
Elizabeth River, Eastern Branch, Norfolk, VA'' in the Federal Register
(75 FR 9521) and a supplemental notice of proposed rulemaking (SNPRM)
entitled ``Drawbridge Operation Regulations; Elizabeth River, Eastern
Branch, Norfolk, VA'' in the Federal Register (75 FR 9557). We received
four comments on the published deviation and SNPRM. No public meeting
was requested, and none was held.
On August 6, 2010, we published a final rule entitled ``Drawbridge
Operation Regulations; Elizabeth River, Eastern Branch, Norfolk, VA''
in the Federal Register (75 FR 47461) that temporarily changed the
drawbridge operation regulations effective from 9 a.m. on September 4,
2010 until 2:30 p.m. on October 5, 2012.
The establishment of this regulation, effective since September 4,
2010, does not place any additional constraints on the waterway users
because mariners have been using the temporary schedule for almost two
years and can still plan their trips in accordance with the scheduled
bridge openings. Any delay in the issuance of this rule after October
5, 2012 will result in the bridge operating schedule reverting back to
the previous on-demand operation of the bridge that produced a
tremendous amount of delay. These delays were unpredictable for
motorists, and will continue to increase with population growth and any
increase in associated traffic. We, therefore, believe to avoid any
increased traffic delays and since this rule makes permanent an already
existing bridge schedule, it is unnecessary and contrary to the public
interest to publish an NPRM.
[[Page 52601]]
C. Basis and Purpose
On behalf of the Cities of Chesapeake and Norfolk Virginia, the
Virginia Department of Transportation (VDOT), which owns and operates
the bascule-type Berkley Bridge, has requested a permanent change to
the bridge regulations. The proposed regulation would implement and
make permanent those temporary regulations currently in effect.
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. In the closed to navigation position, the Berkley
Bridge has a vertical clearance of 48 feet above mean high water.
Vessel traffic on this portion of the Elizabeth River waterway consists
of pleasure craft, tug and barge traffic, and ships with assist tugs
seeking repairs. There is no alternate waterway route.
The regulation set out in Title 33 CFR 117.1007 (b) and (c) allows
the Berkley Bridge, mile 0.4, in Norfolk, Virginia 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).
The temporary regulation, which modified the above schedule, is
effective from 9 a.m. on September 4, 2010 until 2:30 p.m. on October
5, 2012. During the temporary regulation, the draw shall 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. The draw shall open on signal at any time for vessels
carrying, in bulk, cargoes regulated by 46 CFR subchapters D or O, or
Certain Dangerous Cargoes as defined in 33 CFR 160.204. For all other
vessels, the draw shall open on signal at any time, except from 5 a.m.
to 7 p.m., Monday through Friday, except Federal holidays. During these
times, the draw shall open for commercial vessels with a draft of 18
feet or more, provided at least 6 hours notice was given to the Berkley
Bridge Traffic Control room at (757) 494-2490; open on signal at 9
a.m., 11 a.m., 1 p.m. and 2:30 p.m.; and if the bridge is not opened
during a particular scheduled opening 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.
The temporary regulation, detailed in the immediately preceding
paragraph, is scheduled to expire on October 5, 2012. This new Interim
Final Rule would make those temporary opening procedures permanent. By
imposing the temporary regulation as permanent; we anticipate less
vehicular traffic congestion between 9 a.m. and 3 p.m., while causing
fewer secondary back-ups during rush hours, as compared to increased
traffic when the bridge opens on signal.
In 2008, prior to implementing the temporary regulation, a Test
Deviation published in the Federal Register (75 FR 52143) was issued to
allow VDOT to test the proposed schedule and to obtain data and public
comments. During that Test Deviation period, a count of the delayed
vessels during the closure periods was taken to ensure the regulation
would not have a significant impact on navigation. The monthly
vehicular traffic counts submitted by VDOT for the last quarter of
calendar year 2008 showed the average daily traffic volumes at the
Berkley Bridge (See Table A):
Table A
------------------------------------------------------------------------
------------------------------------------------------------------------
OCT 2008.................................. 83,296 vehicles.
NOV 2008.................................. 99,643 vehicles.
DEC 2008.................................. 106,856 vehicles.
------------------------------------------------------------------------
The traffic counts revealed that from October 2008 to December
2008, the Berkley Bridge experienced a seven percent (or 23,560-car)
increase in vehicular traffic flow. The Coast Guard believes that the
increase was due to the previously referenced temporary closure of two
Norfolk-area bridges and that vehicular traffic will subside when those
bridges return to service.
The Coast Guard received 861 comments on both the temporary
deviation and NPRM originally proposed in 2009. A large majority of the
responses from commuters were in support of the scheduled opening set-
up. However, the local maritime community expressed some objections to
the schedule change to vessels.
After review of all of the comments and bridge-related data
received, the Coast Guard had determined that an alternative proposal
should be considered.
From September 3, 2010 to October 5, 2012, an alternative proposal
was offered with changes made that allowed for the draw of the Berkley
Bridge to open on signal for the proposed drawbridge openings
(scheduled during the daytime) which expected to similarly cause a
decrease in traffic congestion. Concurrent with the publication of the
Supplemental Notice of Proposed Rulemaking (SNPRM), another Test
Deviation was issued to allow VDOT to test another proposed schedule
and to acquire additional data and public comments.
The Coast Guard received four responses to the SNPRM and the second
temporary deviation, one each by letter and to the Web site at
www.regulations.gov along with two emails.
The Virginia Maritime Association (VMA), which represents
waterborne commerce in the Port of Hampton Roads, responded in writing
with its support of the revised regulation and its statement that the
current operating regulation incorporates the minimum degree of
flexibility that the maritime industry can accept. VDOT also indicated
that the new Berkley Bridge operating regulation had improved the flow
of vehicular traffic while still meeting the minimum needs of
navigation.
VMA, VDOT and two private citizens expressed concerns about
unscheduled openings that caused vehicular traffic congestion. The
unscheduled openings were provided for Government vessels, vessels with
a draft of 18 feet or more that provided at least 6 hours advance
notice and for vessels hauling dangerous cargo.
The Coast Guard reviewed the bridge data supplied by VDOT. The
information indicated that during the deviation test period (from March
3, 2010 to July 1, 2010), that a total of 260 potential bridge openings
for vessels could have been provided Monday through Friday, except
Federal holidays, at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m. The data
showed the bridge only opened 88 times of the 260 potential
[[Page 52602]]
openings. The data also revealed that seven bridge openings were
provided just about 15 minutes past the scheduled opening time at 9
a.m., 11 a.m. and 1 p.m. and that the average opening usually lasted 12
minutes; a later opening at 2:30 p.m. would add to the traffic
congestion during the rush hour. However, due to good communication
with the general public by using road signs and broadcasts, there was
only one opening that occurred after 2:45 p.m. A majority of those
openings were provided primarily for commercial vessels, with a maximum
of four vessels transiting through a single bridge opening. The
subsequent changes to the operating procedures appear to have reduced
vehicular traffic congestion while still providing for the reasonable
needs of navigation. Based on the information provided, the revised
temporary rule was implemented with no changes to the SNPRM.
Since October 2010, according to recent data provided by VDOT, the
Berkley Bridge average daily traffic volume is approximately 106,000
vehicles per day which ranks it among the most heavily traveled routes
in the region (See Table B).
Table B--Average Daily Vehicular Traffic Count
----------------------------------------------------------------------------------------------------------------
Hourly total OCT 2010 JAN 2011 MAY 2011 AUG 2011 JAN 2012 Average
----------------------------------------------------------------------------------------------------------------
9AM-10AM.......................... 6,509 6,230 6,545 6,335 5,956 6,315
10AM-11AM......................... 6,248 6,074 6,362 6,383 5,898 6,193
11AM-12PM......................... 6,443 6,008 6,457 6,439 5,927 6,255
12PM-1PM.......................... 6,714 6,583 6,781 6,780 6,283 6,628
1PM-2PM........................... 6,860 6,345 6,766 6,760 6,249 6,596
2PM-3PM........................... 7,330 7,133 7,361 7,210 7,032 7,213
-----------------------------------------------------------------------------
Total......................... 40,103 38,373 40,270 39,906 37,345 39,199
----------------------------------------------------------------------------------------------------------------
Overall hourly average--6,533
The temporary regulation schedule provides four bridge lift
opportunities each weekday between 9 a.m. and 3 p.m. This equates to a
maximum of 88 lifts per month (assuming 22 workdays per month). Since
October 2010, there has been an average of only 24 requested lifts per
month--a usage rate of only 27% of capacity (See Table C).
Table C--Bridge Opening Counts
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2010 2010 2010 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2012 2012 MONTHLY
OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB AVERAGE TOTAL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
30 15 23 28 27 29 23 22 28 20 9 21 19 34 15 23 35 23.6 401
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Bridge Opening Average Duration (in minutes)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2010 2010 2010 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2011 2012 2012 MONTHLY
OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB AVERAGE
--------------------------------------------------------------------------------------------------------------------------------------------------------
10.0 9.9 9.7 8.9 9.4 9.1 9.0 8.9 10.2 10.1 9.3 10.0 9.1 9.1 8.7 10.1 12.3 9.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prior to execution of the temporary deviation and temporary
regulation periods, the average duration of a bridge lift was
approximately 15 minutes. Throughout the same periods, the average
duration of bridge lifts has been 9.6 minutes--a reduction of 5.4
minutes per lift.
The temporary closures of two Norfolk-area bridges, forced
increased use of the Berkley Bridge by vehicular traffic. Now with
those bridges near completion, the Berkley Bridge and its approaches
still experience back-ups, delays, and congestion, due to increased
traffic and population. The Hampton Roads Planning District Commission
projected a population growth of 31% by 2034. This continued increase
in traffic volume in Norfolk and at the Berkley Bridge is not expected
to decrease in the future. The temporary rule draw opening schedule has
helped to decrease the average bridge opening times, and the rule has
led to only 27% of the available opening time being utilized by
mariners. Continuing this schedule as proposed in the Interim Final
Rule will help to mitigate future adverse impacts caused by the
increased traffic congestion.
Assuming no reduction in maritime traffic volume, this reduction in
lift duration has resulted in a significant efficiency increase in the
use of time the bridge is actually opened for vessels and a significant
reduction in delays to vehicular traffic during vessel openings. The
reduction in lift duration combined with the predictability of
scheduled lifts optimally balances the competing demands of both road
and waterway users.
D. Discussion of Interim Rule
The Coast Guard is amending the regulations governing the Berkley
Bridge, mile 0.4, at Norfolk, Virginia, at 33 CFR Sec. 117.1007, by
revising paragraph (b)(2) to read as follows: The draw shall open on
signal at any time for vessels carrying, in bulk, cargoes regulated by
46 CFR subchapters D or O, or Certain Dangerous Cargoes as defined in
33 CFR 160.204; For all other vessels, the draw shall open on signal at
any time, except from 5 a.m. to 7 p.m., Monday through Friday, except
Federal holidays. During these times, the draw shall open for
commercial vessels with a draft of 18 feet or more, provided at least 6
hours notice was given to the Berkley Bridge Traffic Control room at
(757) 494-2490; open on signal at 9 a.m., 11 a.m., 1 p.m. and 2:30
p.m.; and if the bridge is not opened during a particular scheduled
opening 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
[[Page 52603]]
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.
The Coast Guard believes that this permanent change is necessary to
reduce vehicular traffic congestion throughout the day and during rush
hour time periods. Results of studies conducted since the temporary
regulation went into effect in September 2010 confirm that scheduled
lifts have decreased congestion without negatively impacting waterway
users. Scheduled lifts, according to the statistics, are currently
being utilized well under capacity by the maritime public. Furthermore,
waterway users are accustomed to this schedule, as it has been in
effect since September 2010.
E. Regulatory Analyses
We developed this interim rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
We reached this conclusion based on the fact that the changes have
only a minimal impact on maritime traffic transiting the bridge.
Mariners can plan their trips in accordance with the scheduled bridge
openings, to minimize delays.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), (5 U.S.C. 601-612),
as amended, requires federal agencies to consider the potential impact
of regulations on small entities during rulemaking. The Coast Guard
received no comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this interim
rule will not have a significant economic impact on a substantial
number of small entities.
This action will not have a significant economic impact on a
substantial number of small entities because the rule only adds minimal
restrictions to the movement of navigation, in allowing four scheduled
openings during the day, outside of the advance notice request opening.
Mariners who plan their transits in accordance with the scheduled
bridge openings can minimize delay. And, vessels that can pass under
the bridge without a bridge opening may do so at all times. Before the
effective period, we will issue maritime advisories widely available to
users of the river.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on
[[Page 52604]]
the supply, distribution, or use of energy. The Administrator of the
Office of Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, and Commandant Instruction M16475.lD which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. This rule simply promulgates the
operating regulations or procedures for drawbridges. This rule is
categorically excluded under figure 2-1, paragraph (32)(e), of the
Instruction.
Under figure 2-1 paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
0
2. In Sec. 117.1007, revise paragraph (b) and remove paragraph (c) to
read as follows:
Sec. 117.1007 Elizabeth River--Eastern Branch.
* * * * *
(b) The draw of the Berkley Bridge, mile 0.4 in Norfolk:
(1) Shall remain closed one hour prior to the published start of a
scheduled marine event regulated under Sec. 100.501 of this chapter,
and shall remain closed until one hour following the completion of the
event unless the Patrol Commander designated under Sec. 100.501 of
this chapter allows the bridge to open for commercial vessel traffic.
(2) Shall open on signal at any time for vessels carrying, in bulk,
cargoes regulated by 46 CFR subchapters D or O, or Certain Dangerous
Cargoes as defined in 33 CFR 160.204.
(3) For all other vessels, the draw shall open on signal at any
time, except from 5 a.m. to 7 p.m., Monday through Friday, except
Federal holidays. During these times, the draw shall:
(i) Open for commercial vessels with a draft of 18 feet or more,
provided at least 6 hours notice was given to the Berkley Bridge
Traffic Control room at (757) 494-2490.
(ii) Open on signal at 9 a.m., 11 a.m., 1 p.m. and 2:30 p.m.
(4) If the bridge is not opened during a particular scheduled
opening per paragraph (b)(3)(ii) of this section and a vessel has made
prior arrangements for a delayed opening, the draw tender may provide a
single opening up to 30 minutes past that scheduled opening time for
that signaling vessel, except at 2:30 p.m. The draw tender may provide
a single opening up to 20 minutes past the 2:30 p.m. scheduled opening
time for a signaling vessel that made prior arrangements for a delayed
opening. A vessel may make prior arrangements for a delayed opening by
contacting the Berkley Bridge Traffic Control room at (757) 494-2490.
* * * * *
Dated: August 16, 2012.
Steven H. Ratti,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 2012-21384 Filed 8-29-12; 8:45 am]
BILLING CODE 9110-04-P
