[Federal Register: June 30, 2009 (Volume 74, Number 124)]
[Rules and Regulations]
[Page 31180-31182]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn09-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[USCG-2008-1216]
RIN 1625-AA09
Drawbridge Operation Regulations; Potomac River, Between MD and
VA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulations of the new Woodrow Wilson Memorial (I-95) Bridge, mile
103.8, across the Potomac River between Alexandria, VA and Oxon Hill,
MD. This rule is being made in an effort to minimize the potential for
major regional vehicular traffic impacts and consequences during bridge
openings of the draw span while still providing for reasonable needs of
marine traffic.
DATES: This rule is effective July 30, 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-2008-1216 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 February 9, 2009, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulations; Potomac River,
Between MD and VA'' (74 FR 6359). We received no comments on the
published NPRM. No public meeting was requested, and none was held.
Background and Purpose
On July 2, 2008, we published a temporary regulation entitled
``Drawbridge Operation Regulations; Potomac River, Between MD and VA,''
in the Federal Register (73 FR 37806). While construction continued,
the temporary rule allowed the drawbridge to remain closed-to-
navigation each day from 10 a.m. to 2 p.m. until and including March 1,
2009.
The MD State Highway Administration and the VA Department of
Transportation, co-owners of the drawbridge, requested to permanently
maintain the Woodrow Wilson Bridge in the closed-to-navigation position
each day from 10 a.m. to 2 p.m. This request was made in an effort to
minimize the potential for major regional vehicular traffic impacts and
consequences during bridge openings.
In reaching our decision to implement this request, we balanced the
large volume of vehicular traffic moving across the bridge against the
lack of large commercial vessel traffic seeking to use the bridge
during this period. The Woodrow Wilson Bridge is part of the Capital
Beltway Interstate Highway System. It is a critical component of that
system for both local and regional traffic moving into, around, and
through the Washington, DC metro area. Bridge openings cause
significant traffic delays.
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 the bridge 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 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). As discussed in the
Notice of Proposed Rulemaking, currently, 33 CFR 117.255(a)(2)(i)
states (paraphrasing) that the drawbridge need not open for the passage
of a commercial vessel, Monday through Friday, 5 a.m. to 10 a.m. and 2
p.m. to 8 p.m. This final rule connects the two time periods by
extending the operating
[[Page 31181]]
regulation to cover the entire period from 5 a.m. until 8 p.m. We
considered the alternative of narrowing the mid-day window from 10 a.m.
to 2 p.m. to make it a shorter window. However, since there were no
vessel requests for this time period at all, we rejected this option.
We also considered taking no action at all; however, due to the high
volume of vehicle traffic using the bridge, we rejected this option as
well.
Discussion of Comments and Changes
The Coast Guard received no comments to the NPRM. Therefore, we
will implement a final rule with no changes to the NPRM. If commercial
vessel traffic patterns change, we will revisit the operating
requirements. Questions or concerns regarding the opening of the
Woodrow Wilson Memorial Bridge may be directed to the person identified
in the For Further Information Section of this final rule. Requests to
change the operating schedule for this bridge should be sent to the
Fifth District Commander in Portsmouth, Virginia (See 33 CFR 117.8).
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 these changes have only a minimal impact on maritime traffic
transiting through 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 could affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit through the bridge, between the hours of 10 a.m. and 2 p.m.,
Monday through Friday.
This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
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). Additionally, mariners who plan their transits in
accordance with the scheduled bridge openings can minimize delay.
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 does 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''
[[Page 31182]]
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 M16475.1D
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. In Sec. 117.255 revise paragraph (a)(2)(i) to read as follows:
Sec. 117.255 Potomac River.
* * * * *
(a) * * *
(2) * * *
(i) From Monday through Friday (except Federal holidays), 5 a.m. to
8 p.m.
* * * * *
Dated: June 25, 2009.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard Commander, Fifth Coast Guard
District.
[FR Doc. E9-15559 Filed 6-26-09; 4:15 pm]
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