[Federal Register: July 2, 2008 (Volume 73, Number 128)]
[Rules and Regulations]
[Page 37806-37808]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy08-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[USCG-2008-0207]
RIN 1625-AA09
Drawbridge Operation Regulations; Potomac River, Oxon Hill, MD
and Alexandria, VA
AGENCY: Coast Guard, DHS.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is temporarily changing the regulations
governing the operation of the new
[[Page 37807]]
Woodrow Wilson Memorial (I-95) Bridge, mile 103.8, across Potomac River
between Alexandria, Virginia and Oxon Hill, Maryland. This action is
necessary to finalize construction of the drawbridge.
DATES: This temporary rule is effective from July 2, 2008 to March 1,
2009.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2008-0207 and are available online at
http://www.regulations.gov. This material is also available for
inspection or copying at two locations: the 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,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays and the Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Waverly W. Gregory, Jr., Bridge Administrator, Fifth Coast Guard
District, at (757) 398-6222. 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:
Regulatory Information
On April 18, 2008, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Potomac River, Oxon
Hill, MD and Alexandria, VA'' in the Federal Register (73 FR 21090). We
received two e-mails commenting on the proposed rule. No public meeting
was requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. While construction continues, this
rule will allow the drawbridge to remain closed-to-navigation each day
from 10 a.m. to 2 p.m. until and including March 1, 2009.
Background and Purpose
On March 5, 2008, we published a notice of temporary deviation from
the regulations entitled ``Drawbridge Operation Regulations; Potomac
River, Between Maryland and Virginia'' in the Federal Register (73 FR
13127), which ended on May 30, 2008.
The Maryland State Highway Administration and the Virginia
Department of Transportation, co-owners of the drawbridge, requested an
extension of the aforementioned temporary deviation for a longer period
of time in an effort to minimize the potential for major regional
traffic impacts and consequences during bridge openings while
construction continues. Bridge owners requested that the drawbridge not
be available for openings for vessels each day between the hours of 10
a.m. to 2 p.m. through Sunday, March 1, 2009 or until the bridge is
properly commissioned, whichever comes first. Construction will
continue during this time period and the normal vehicular traffic
pattern with five lanes operating in each direction is not anticipated
until near the end of the time period.
From a river-user standpoint, the coordinators for the construction
of the new Woodrow Wilson Bridge Project have received no requests from
boaters or mariners to open during the 10 a.m. to 2 p.m. timeframe
since the first temporary deviation was issued in late June 2006. In
fact, no requests have been received for an opening of the new bridge
at all since July 3, 2006. Finally, the coordinators have received no
complaints on the 10 a.m. to 2 p.m. restriction. This temporary rule
will affect only vessels with mast heights of 75 feet or greater.
Furthermore, all operators of affected vessels with mast heights
greater than 75 feet will be able to request an opening of the
drawbridge in the ``off-peak'' vehicle traffic hours (evening and
overnight) in accordance with 33 CFR 117.255(a).
Discussion of Comments and Changes
The Coast Guard received two comments by e-mail to the NPRM. One
respondent stated that this temporary change of the regulation will
have minimal effect on their Potomac River operation and the delivery
of the jet fuel barge can be scheduled around the daily planned
closure.
The other respondent indicated that their tugs did not need to open
the drawbridge; the vertical clearance is sufficient and did not
foresee any issues as long as they can still use the channel.
Based on the comments received, we are issuing a temporary rule
without substantive change from the NPRM.
Discussion of Rule
The Coast Guard is temporarily amending 33 CFR Sec. 117.255 by
inserting new paragraphs (a)(2)(iii) and (a)(4)(iv), which allow the
draw of the Woodrow Wilson Memorial (I-95) Bridge, at mile 103.8,
between Alexandria, Virginia and Oxon Hill, Maryland to remain closed
between 10 a.m. and 2 p.m. through March 1, 2009.
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 reached this conclusion based on the
fact that this temporary change will have only a minimal impact on
maritime traffic transiting the bridge. All operators of affected
vessels with mast heights greater than 75 feet will be able to request
an opening of the drawbridge in the ``off-peak'' vehicle traffic hours
(evening and overnight) in accordance with 33 CFR 117.255(a), and
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 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.
This rule will 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, all operators of affected
vessels with mast heights greater than 75 feet will be able to request
an opening of the drawbridge in the ``off-peak'' vehicle traffic hours
(evening and overnight) in accordance with 33 CFR 117.255(a), and
mariners who plan their transits in accordance with the scheduled
bridge openings can minimize delay.
[[Page 37808]]
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 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 effect 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,
eliminate 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 rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, 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 rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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.
0
2. From July 2, 2008 to March 1, 2009, in Sec. 117.255 add new
paragraphs (a)(2)(iii) and (a)(4)(iv) to read as follows:
Sec. 117.255 Potomac River.
(a) * * *
(2) * * *
(iii) From July 2, 2008 to March 1, 2009, from 10 a.m. to 2 p.m.,
the draw need not be opened.
* * * * *
(4) * * *
(iv) From July 2, 2008 to March 1, 2009, from 10 a.m. to 2 p.m.,
the draw need not be opened.
* * * * *
Dated: June 19, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E8-14954 Filed 7-1-08; 8:45 am]
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