Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Proposed Rules 9557 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2009–0754] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Elizabeth River, Eastern Branch, 

Norfolk, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The Coast Guard proposes a 

supplemental change to the regulations 

that govern the operation of the of the 

Berkley (I–264) Bridge, at mile 0.4, 

across the Eastern Branch of the 

Elizabeth River, Norfolk, VA. The new 

proposal would continue to provide set 

openings periods for the bridge during 

the day, relieving vehicular traffic 

congestion during the weekday daytime 

hours, while still providing for the 

reasonable needs of navigation to 

include new operating procedures for 

transiting vessels. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 1, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–0754 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 Terrance A. Knowles, 

Environmental Protection Specialist, 

Fifth Coast Guard District, telephone 

(757) 398–6587, e-mail 

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: 

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–2009–0754), 

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 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rules’’ and insert 

‘‘USCG–2009–0754’’ 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 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

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–2009– 

0754’’ 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. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

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. 

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. 

Background and Purpose 

On behalf of the Cities of Chesapeake 

and Norfolk Virginia, the Virginia 

Department of Transportation (VDOT), 

who owns and operates the lift-type 

Berkley Bridge, requested a temporary 

change to the existing bridge 

regulations. In the closed to navigation 

position, the Berkley Bridge has a 

vertical clearance of 48 feet above mean 


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high water. The current regulation set 

out in Title 33 CFR Part 117.1007 (b) 

and (c) allows the Berkley Bridge, mile 

0.4, in Norfolk, VA, 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). 

Vessel traffic on this waterway consists 

of pleasure craft, tug and barge traffic, 

and ships with assist tugs seeking 

repairs. There is no alternate waterway 

route. 

Due to the temporary closure of two 

area bridges, the bridge and approaches 

experienced increased back-ups, delays, 

and congestion due to the increase in 

traffic. The NPRM would allow the 

draw of the Berkley Bridge to open on 

signal to vessels at 9 a.m., 11 a.m., 1 

p.m., and 2:30 p.m. from October 9, 

2009, to October 5, 2012, and it would 

permit VDOT to monitor, measure, and 

identify congested roadway locations 

during heavy traffic periods. By 

implementing scheduled bridge 

openings, we anticipated a decrease in 

traffic congestion during the daylight 

hours. 

Concurrent with the publication of 

the Notice of Proposed Rulemaking, a 

Test Deviation [USCG–2009–0754] was 

issued to allow VDOT to test the 

proposed schedule and to obtain data 

and public comments. The test period 

was in effect during the entire Notice of 

Proposed Rulemaking comment period. 

Also, a count of the delayed vessels 

during the closure periods was taken to 

ensure a future regulation will not have 

a significant impact on navigation. 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. 

The monthly vehicular traffic counts 

submitted by VDOT for the last quarter 

of calendar year 2008 show the average 

daily traffic volumes at the Berkley 

Bridge as shown below: 

October, 2008—83,296 vehicles 

November, 2008—99,643 vehicles 

December, 2008—106,856 vehicles 

The traffic counts revealed that from 

October 2008 to December 2008, the 

Berkley Bridge has experienced a seven 

percent (or 23,560-car) increase in traffic 

flow. The Coast Guard anticipates a 

continued increase in vehicular traffic 

over the bridge. 

The Coast Guard received 861 

comments on both the temporary 

deviation and NPRM. A large majority 

of the responses from commuters 

approved the scheduled opening set-up. 

However, the local maritime community 

expressed objections to the schedule 

change to vessels. 

After review of all of the comments 

and bridge-related data received, the 

Coast Guard has determined that an 

alternative proposal should be 

considered. 

By offering an alternative proposal, 

the changes will allow the draw of the 

Berkley Bridge to open on signal to the 

drawbridge operating schedule from 

September 4, 2010, to October 5, 2012. 

As a result of the changes, we expect a 

similar decrease in traffic congestion 

during the new proposed scheduled 

openings. 

Concurrent with the publication of 

the Supplemental Proposed 

Rulemaking, another Test Deviation 

[USCG–2010–0083] has been issued to 

allow VDOT to test another proposed 

schedule and to acquire additional data 

and public comments. 

Discussion of Comments and Changes 

The Coast Guard received 861 

responses to the NPRM. The vast 

majority of those responses 

(approximately 850) were supplied from 

an internet Web site survey posted by 

VDOT. Of the 850 VDOT-sponsored 

surveys, 484 had written comments 

with the remaining 366 remarks to the 

survey questionnaire. The other 

responses were supplied by 7 on-paper 

comments; and 4 e-mails. 

An examination of the comments 

revealed that the vast majority of the 

responses (all but five) favored the new 

schedule presented in the temporary 

deviation and NPRM. Many responses 

stated travelers could better plan their 

commutes and allowed them the 

opportunity to avoid delays. 

Four local maritime facilities and the 

Virginia Maritime Association (VMA), 

who represents waterborne commerce in 

the Port of Hampton Roads, responded 

in writing with their concerns opposing 

the new schedule. These organizations 

expressed concerns that the current 

regulatory actions created unsafe 

conditions for navigation. The maritime 

community has offered 

recommendations for changes to the 

operating regulations of the Berkley 

Bridge that they believe will benefit the 

community and provide a reasonable 

balance between marine priority and 

road-based transportation. 

The Coast Guard reviewed the bridge 

data supplied by VDOT. The 

information indicated that the test 

deviation reduced the amount of time 

the bridge opened for vessels. Between 

October 20, 2009, and December 30, 

2009, there were approximately 85 

vessel passages requiring 69 bridge 

openings. Most of these openings were 

provided for commercial vessels, with a 

maximum of four vessels transiting 

through a single bridge opening. 

With an average of less than two 

openings per day (1.23) during the test 

deviation, VDOT contends that 2009 

compared to 2008 in the same months, 

there was a 30 percent reduction in the 

number of minutes the bridge was 

opened for vessels and the number of 

openings also decreased by 21 percent. 

In 2009, the Berkley Bridge averaged 

97,135 vehicles per day. 

VDOT personnel, after consulting 

with VMA and local maritime facilities, 

identified a need for mariners to have 

more access transiting through the 

Berkley Bridge. The parties agreed to 

operating procedures for inclusion in 

the regulatory language. 

The suggestions offered by VDOT and 

VMA were reviewed by the Coast 

Guard. The VDOT/VMA recommended 

operating procedures (in italics) that 

were considered and subsequently 

modified are: 

1. The bridge is to open on signal at 

any time for vessels carrying hazardous 

cargo. 

2. The bridge is to 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. 

VMA stated that certain vessels and 

conditions make safe bridge transits 

more difficult and dangerous. VMA/ 

VDOT recommended establishing 

provisions that would exempt vessels 

from only transiting at the scheduled 

opening time. 

The Coast Guard proposed the 

following: 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; and 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. 


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3. If a vessel has made prior 

arrangements for a delayed opening, 

and there are vessels awaiting transit, 

the opening may be delayed if the 

master(s) of the waiting vessel(s) agree 

to a delayed opening to accommodate 

the delayed vessel. Otherwise the 

opening will accommodate the waiting 

vessel(s) only, and close upon their 

clearing the bridge. 

VMA stated that communication 

between vessels is important to 

scheduling a single opening at the 

Berkley Bridge. The Coast Guard asserts 

that communication between vessels 

and the bridge tender should be 

coordinated to ensure and maintain the 

safety of navigation. However, specific 

regulatory language controlling 

communication between vessels is 

unwarranted and not within the scope 

of drawbridge operating regulations. 

4. An opening will be provided to a 

transiting vessel up to, but no more 

than, 30 minutes following the 

scheduled opening time provided the 

transiting vessel has communicated 

their estimated time of arrival to the 

Berkley Bridge tender prior to the 

scheduled opening time. 

VMA stated that the timing of large 

vessel movements is affected by a 

number of uncontrollable and external 

factors. The effects of winds, currents, 

and tides have an important impact on 

safe navigation and those conditions. 

In addition, VMA indicated that the 

current test deviation creates a situation 

whereby marine traffic will stack up 

while waiting for an opening, thus 

creating vessel congestion, a 

navigational hazard. 

For these situations, the Coast Guard 

proposed the following: If the bridge is 

not opened during a particular 

scheduled opening per subparagraph 

(d)(3)(ii) 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. 

5. The bridge is to open at any time 

if, in the professional judgment of the 

vessel operator, the environmental or 

operating conditions compromise 

navigational safety. 

The Coast Guard responded to this 

comment by indicating that under 33 

CFR 117.31 entitled ‘‘Drawbridge 

operations for emergency vehicles and 

emergency vessels’’, paragraphs (b)(2) 

adequately provide for unscheduled 

vessel openings of the bridge in the 

event of a marine emergency. 

The supplemental rule was also 

rephrased to integrate the restricted 

morning and evening rush hour times 

(from 5 a.m. to 9 a.m. and from 3 p.m. 

to 7 p.m.) with the test deviation period 

from 9 a.m. to 3 p.m. The Coast Guard 

suggested the following paragraph: 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. 

Based on all of the comments 

received, the Coast Guard suggested that 

a supplemental alternative proposal be 

further analyzed and reissued. 

Discussion of Rule 

From September 4, 2010, to October 5, 

2012, the Coast Guard proposes to 

suspend the regulations at 33 CFR 

117.1007 paragraphs (b) and (c) and add 

a new paragraph (d) to read as follows: 

The draw of the Berkley Bridge, mile 

0.4, at Norfolk, shall operate as follows: 

(1) The draw shall remain closed one 

hour prior to the published start of a 

scheduled marine event regulated under 

§ 100.501, and shall 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; (2) 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; (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: 

(i) 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; (ii) The draw shall 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 subparagraph (d)(3)(ii) 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. 

Regulatory Analyses 

We developed this 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 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. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation 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, and to minimize delays, 

vessels that can pass under the bridge 

without a bridge opening may do so at 

all times. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this 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 rule will not have 

a significant economic impact on a 

substantial number of small entities. 

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 and vessels that can 

pass under the bridge without a bridge 

opening may do so at all times. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 


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9560 Federal Register / Vol. 75, No. 41 / Wednesday, March 3, 2010 / Proposed Rules 

and participate in the rulemaking 

process. 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 rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls 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 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 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 rule will 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 rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminates 

ambiguity, and reduce burden. 

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. 

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. 

Energy Effects 

We have analyzed this 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 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 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; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. From September 4, 2010, to October 

5, 2012, in § 117.1007, suspend 

paragraphs (b) and (c) and add new 

paragraph (d) to read as follows: 

§ 117.1007 Elizabeth River Eastern Branch. 

* * * * * 

(d) The draw of the Berkley Bridge, 

mile 0.4, at Norfolk, shall operate as 

follows: 

(1) The draw shall remain closed one 

hour prior to the published start of a 

scheduled marine event regulated under 

§ 100.501, and shall 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. 

(2) 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. 

(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. 


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(4) If the bridge is not opened during 

a particular scheduled opening per 

paragraph (d)(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: February 11, 2010. 

Wayne E. Justice, 

Rear Admiral, United States Coast Guard, 

Commander, Fifth Coast Guard District. 

[FR Doc. 2010–4362 Filed 3–2–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1106] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed in the table below. The purpose 

of this notice is to seek general 

information and comment regarding the 

proposed regulatory flood elevations for 

the reach described by the downstream 

and upstream locations in the table 

below. The BFEs and modified BFEs are 

a part of the floodplain management 

measures that the community is 

required either to adopt or show 

evidence of having in effect in order to 

qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents, and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before June 1, 2010. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community is available for inspection at 

the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–1106, to Kevin 

C. Long, Acting Chief, Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–2820, 

or (e-mail) kevin.long@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kevin C. Long, Acting Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2820, or (e-mail) 

kevin.long@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) proposes to make 

determinations of BFEs and modified 

BFEs for each community listed below, 

in accordance with section 110 of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, and 44 CFR 67.4(a). 

These proposed BFEs and modified 

BFEs, together with the floodplain 

management criteria required by 44 CFR 

60.3, are the minimum that are required. 

They should not be construed to mean 

that the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These proposed elevations are used to 

meet the floodplain management 

requirements of the NFIP and are also 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in these 

buildings. 

Comments on any aspect of the Flood 

Insurance Study and FIRM, other than 

the proposed BFEs, will be considered. 

A letter acknowledging receipt of any 

comments will not be sent. 

National Environmental Policy Act. 

This proposed rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Executive Order 12866, Regulatory 

Planning and Review. This proposed 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866, as amended. 

Executive Order 13132, Federalism. 

This proposed rule involves no policies 

that have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This proposed rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

Accordingly, 44 CFR part 67 is 

proposed to be amended as follows: 

PART 67—[AMENDED] 

1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows: 


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