![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Drawbridge Operation Regulations; Elizabeth River, Eastern Branch, VA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 8, 2005 (Volume 70, Number 109)]
[Proposed Rules]
[Page 33405-33408]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn05-43]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-05-049]
RIN 1625-AA09
Drawbridge Operation Regulations; Elizabeth River, Eastern Branch, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the regulations that govern
the operation of the Berkley Bridge across the Eastern Branch of the
Elizabeth River, mile 0.4, in Norfolk, Virginia. The proposal would
extend the morning and evening rush hour closure periods so that the
morning rush hour period starts at 5 a.m. and ends at 9 a.m., and the
evening rush hour starts at 3 p.m. and
[[Page 33406]]
ends at 7 p.m., Monday through Friday, except Federal holidays. The
proposed change would relieve vehicular traffic congestion during the
weekday rush hours while still providing for the reasonable needs of
navigation.
DATES: Comments and related material must reach the Coast Guard on or
before July 25, 2005.
ADDRESSES: You may mail comments and related material to Commander
(obr), Fifth Coast Guard District, Federal Building, 1st Floor, 431
Crawford Street, Portsmouth, VA 23704-5004. The Fifth Coast Guard
District maintains the public docket for this rulemaking. Comments and
material received from the public, as well as documents indicated in
this preamble as being available in the docket, will become part of
this docket and will be available for inspection or copying at
Commander (obr), Fifth Coast Guard District between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Gary Heyer, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6629.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking CGD05-05-
049, indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like a return
receipt, please enclose a stamped, self-addressed postcard or envelope.
We will consider all submittals received during the comment period. We
may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander (obr), Fifth Coast Guard
District at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
On behalf of the City of Norfolk, the Virginia Department of
Transportation (VDOT) who owns and operates this lift-type bridge,
requested a change to the existing regulations for the Berkley Bridge.
The current regulation allows the Berkley Bridge, at mile 0.4 in
Norfolk, 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 5:30 a.m. to 9 a.m. and from 3:30 p.m. to 6:30
p.m., Monday through Friday, except Federal holidays, and shall open at
any time for vessels with a draft of 22 feet or more, provided that at
least 12 hours advance notice has been given to the Berkley Bridge
Traffic Control Room and shall open on signal at any time for a vessel
in distress.
The purpose of this proposal is to help alleviate the current
highway traffic congestion which has increased. The Berkley Bridge is a
principle arterial route that serves as the major evacuation highway in
the event of emergencies. Weekday vehicular traffic counts submitted by
VDOT revealed that in 2002 and 2003, the Berkley Bridge has experienced
a six percent (or 78,898 car) increase in traffic flow during the
morning and evening rush hours.
Also, on September 18, 2003, the Hampton Roads area experienced
severe damage as a result of Hurricane Isabel. Due to a heavy storm
surge along the entire coastal area, the Portsmouth Midtown Tunnel was
flooded. While the tunnel was undergoing an evaluation and repairs, a
significant amount of vehicular traffic that used the tunnel on a daily
basis was shifted onto the Berkley Bridge. In its attempt to manage
this increase in road traffic and associated safety concerns, VDOT
requested an immediate expansion of the current authorized rush hour
closure periods of the Berkley Bridge. The Coast Guard responded by
issuing a temporary final rule, until the repairs were completed that
extended the morning and evening closure periods and suspended the
provision allowing openings for deep-draft commercial vessels. The
temporary final rulemaking implemented for the Berkley Bridge to stay
open a little longer in the morning and evening was successful in
easing the commute for thousands of motorists.
As a result of the temporary adjustments to the morning and evening
rush hour closure periods caused by Hurricane Isabel, the current
proposal was offered to help alleviate the growing vehicular traffic
congestion and to increase public safety, while still balancing the
needs of marine and vehicular traffic.
Discussion of Proposed Rule
The Coast Guard proposes to amend the regulations governing the
Berkley Bridge, mile 0.4, at Norfolk, VA, at 33 CFR 117.1007, by
revising paragraphs (c)(1) and (2) thereby, expanding the time periods
in which the drawbridge may remain closed to vessels to be 5 a.m. to 9
a.m. and 3 p.m. to 7 p.m.
The proposal would change the telephone number to the Berkley
Bridge Traffic Control Room from ``(804) 494-2424'' to ``(757) 494-
2490''. The telephone number change would accurately reflect the new
telephone number to this Bridge.
Also, the surplus language currently stated in 33 CFR
117.1007(c)(4) would be removed to be consistent with the general
operating regulations at 33 CFR 117.31. The provision delineated at 33
CFR 117.31(b)(2) already requires that the draw shall open as soon as
possible for vessels in distress and is no longer required to be
published in each specific bridge regulation. Text modifications would
be consistent with the proposed changes to be made in these paragraphs,
as appropriate.
Regulatory Evaluation
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 Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. We reached this conclusion based
on the fact that the proposed 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.
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
[[Page 33407]]
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 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, and 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 (Public Law 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 an
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
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 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
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this proposed rule is categorically excluded, under figure
2-1, paragraph (32)(e) of the Instruction, from further environmental
documentation because it has been determined that the promulgation of
operating regulations for drawbridges are categorically excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117.1007 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Remove paragraphs Sec. 117.1007(c)(3) and (c)(4) and revise
paragraphs (c)(1) and (c)(2) to read as follows:
[[Page 33408]]
Sec. 117.1007 Elizabeth River-Eastern Branch.
* * * * *
(c) * * *
(1) Shall open on signal at 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.
(2) From 5 a.m. to 9 a.m. and from 3 p.m. to 7 p.m., Monday through
Friday, except Federal holidays, shall open at any time for commercial
vessels with a draft of 22 feet or more, provided that at least 12
hours advance notice has been given to the Berkley Bridge Traffic
Control room at (757) 494-2490.
Dated: May 31, 2005.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-11397 Filed 6-7-05; 8:45 am]
BILLING CODE 4910-15-P