[Federal Register Volume 75, Number 41 (Wednesday, March 3, 2010)]
[Proposed Rules]
[Pages 9557-9561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4362]



[[Page 9557]]

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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.

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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 <a href="/cdn-cgi/l/email-protection#a3d7c6d1d1c2cdc0c68dc28dc8cdccd4cfc6d0e3d6d0c0c48dcecacf"><span class="__cf_email__" data-cfemail="d0a4b5a2a2b1beb3b5feb1febbbebfa7bcb5a390a5a3b3b7febdb9bc">[email protected]</span></a>. 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 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-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

[[Page 9558]]

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 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). 
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.

[[Page 9559]]

    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 Sec.  100.501, and shall 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; (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

[[Page 9560]]

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 Sec.  117.1007, 
suspend paragraphs (b) and (c) and add new paragraph (d) to read as 
follows:


Sec.  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 Sec.  100.501, and 
shall 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.
    (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.

[[Page 9561]]

    (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


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