[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Rules and Regulations]
[Pages 37806-37808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14954]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-15-P