[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Proposed Rules]
[Pages 69906-69909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28738]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2010-0879]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway
(AIWW), Elizabeth River, Southern Branch, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily change the regulations
that govern the operation of the Gilmerton (US13/460) Bridge across the
Elizabeth River (Southern Branch), AIWW mile 5.8, at Chesapeake, VA.
Due to the construction of the new Gilmerton Highway Bridge, the
existing drawbridge has experienced increased delays to vehicular
traffic during unscheduled vessel openings. The proposed change would
provide adjustments and set opening periods for the bridge during the
day, relieving vehicular traffic congestion during the weekday and
weekend daytime hours while still providing for the reasonable needs of
navigation.
DATES: 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 eRulemaking 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,
[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 material. 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 deliver, 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 ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2010-0879'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column.
[[Page 69907]]
If you submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to 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 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.
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
change to the existing bridge regulations. The current regulation, set
out in 33 CFR 117.997(c), requires the Gilmerton (US13/460) Bridge, at
AIWW mile 5.8, in Chesapeake to open on signal at any time 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 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. The
current operating schedule has been in effect since November 17, 2003.
The Gilmerton Bridge Replacement project, which is currently
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 Bridge, vehicular
traffic is limited to one lane in each direction and the bridge and
approaches have experienced back-ups, delays, and congestion. This
temporary change will allow, from June 19, 2011, to December 20, 2013,
the draw of the Gilmerton (US13/460) Bridge to 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 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.
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.
Concurrent with the publication of the Notice of Proposed
Rulemaking (NPRM), a Test Deviation [USCG-2010-0879] has been issued to
allow the City to test the proposed schedule and to obtain data and
public comments. The test deviation will be in effect during the entire
Notice of Proposed Rulemaking comment period. Also, a count of the
delayed vessels during the closure periods will be taken to ensure a
future regulation will not have a significant impact on navigation.
This NPRM has been coordinated with the main commercial waterway user
group, specifically, the Virginia Maritime Association who represents
waterborne commerce in the Port of Hampton Roads, and there is no
expectation of any significant impacts 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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[[Page 69908]]
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 continued
vehicular traffic congestion over the Gilmerton Highway Bridge due to
the reduction of highway lanes and anticipates that traffic congestion
will subside once the new bridge is completed.
Discussion of Proposed Rule
The Coast Guard proposes to temporarily amend the regulations
governing the Gilmerton (US13/460) Bridge at AIWW mile 5.8, in
Chesapeake, at 33 CFR 117.997(c), by inserting a new paragraph (j).
From June 19, 2010, to December 20, 2013, the draw 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 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.
This temporary change will reduce openings to specific times which
will help alleviate traffic congestion on the Gilmerton (US13/460)
Bridge and its approaches. The Coast Guard believes that the congestion
to vehicular traffic is due to previously referenced vehicular traffic
limitations and will subside when construction of the new bridge is
completed.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The proposed changes are expected
to 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: Owners and operators
of vessels other than certain commercial cargo vessels needing to
transit the bridge. This proposed rule would 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, 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. Mariners who plan their transits in accordance
with the scheduled bridge openings can minimize delay.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, (757) 398-6222. The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule will not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed 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.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
[[Page 69909]]
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.
Indian Tribal Governments
This proposed 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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; Department of Homeland
Security Delegation No. 0170.1.
2. From June 19, 2010, to December 20, 2013, in Sec. 117.997,
suspend paragraph (c) and temporarily add a new paragraph (j) to read
as follows:
Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the
Elizabeth River to the Albemarle and Chesapeake Canal.
* * * * *
(j) The draw of the Gilmerton (US13/460) Bridge, mile 5.8, in
Chesapeake:
(1) Shall open on signal at any time for commercial vessels
carrying liquefied flammable gas or other hazardous materials.
(2) 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:
(i) Need not open for the passage of recreational or commercial
vessels that do not qualify under paragraph (j)(2)(ii) of this section.
(ii) Need not open for commercial cargo vessels, including tugs,
and tugs with tows, unless 2 hours' advance notice has been given to
the Gilmerton Bridge at (757) 545-1512.
(3) 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
need only be opened every hour on the half hour, except the draw shall
open on signal for commercial vessels that qualify under paragraphs
(j)(1) and (j)(2)(ii) of this section.
(4) Shall open on signal at all other times.
Dated: November 2, 2010.
Patrick B. Trapp,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 2010-28738 Filed 11-15-10; 8:45 am]
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