[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Rules and Regulations]
[Pages 69879-69881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28737]
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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.
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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: http://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
[email protected]. 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 http://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 (http://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 http://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 http://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 http://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
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2009 2009 2009 2009 2010 2010 2010 2010 2010 2010 2010 2010 2010
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SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP
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BRIDGE OPENINGS FOR SEPTEMBER 2009-SEPTEMBER 2010
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551 621 549 503 299 284 317 476 639 616 459 365 516
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BOAT PASSAGES FOR SEPTEMBER 2009-SEPTEMBER 2010
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892 1,858 1,361 645 406 392 478 967 1,770 1,408 791 628 902
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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