[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Rules and Regulations]
[Pages 54247-54248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23598]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG 2018-0473]
RIN 1625-AA09
Drawbridge Operation Regulation; Anacostia River, Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying the existing drawbridge operating
regulation for the Frederick Douglass Memorial Bridge across Anacostia
River, mile 1.2, in Washington, DC. The modified rule allows the
existing drawbridge to remain in the closed-to-navigation position, and
is necessary to accommodate the construction of a new fixed bridge on
an alignment 18 feet south of the existing drawbridge, and the removal
of the existing drawbridge.
DATES: This rule is effective November 28, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov. Type USCG-
2018-0473 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Martin A. Bridges, Fifth Coast Guard District (dpb),
at (757) 398-6422, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On February 2, 2018, we published a notice of temporary deviation
from drawbridge regulation entitled ``Drawbridge Operation Regulation;
Anacostia River, Washington, DC,'' in the Federal Register (83 FR
4845). The temporary deviation was necessary to accommodate the
construction and replacement of the existing Frederick Douglass
Memorial Bridge with a fixed bridge on an alignment 18 feet south of
the existing drawbridge. This temporary deviation allowed the existing
drawbridge to remain in the closed-to-navigation position during
construction of the new fixed bridge and was effective from 6 a.m. on
February 2, 2018, through 6 a.m. on August 1, 2018.
On June 25, 2018, the Coast Guard published a notice of public rule
making entitled Drawbridge Regulation, Anacostia River, Washington, DC,
in the Federal Register (83 FR 32602). We received no comments on this
rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C 499.
The Frederick Douglass Memorial Bridge across the Anacostia River, mile
1.2, in Washington, DC has a vertical clearance of 40 feet above mean
high water in the closed-to-navigation position and unlimited clearance
in the open-to-navigation position. The current operating regulation is
published in 33 CFR 117.253 (a).
On December 4, 2017, the Coast Guard signed Bridge Permit (2-17-5)
authorizing the replacement of the existing drawbridge with a fixed
bridge with a vertical clearance of 42 feet above mean high water on an
alignment 18 feet south of the existing drawbridge. Issuance of the
bridge permit followed a multi-year process involving completion of an
environmental impact statement, Coast Guard Record of Decision, and a
navigation impact report; public meetings held on March 4, 2008, April
28, 2011, July 30, 2013, May 5, 2014, and January 22, 2015; publishing
of a preliminary public notice for navigation on November 4, 2013, and
public notice for the bridge permit application on October 20, 2017.
This modification of the operating regulation of the existing
drawbridge is designed to mitigate vehicular congestion, maintain
public safety, and provide for safe and effective bridge construction
and removal, while also meeting the existing and future needs of
navigation. The District Department of Transportation, owner and
operator of the Frederick Douglass Memorial Bridge, requested this
change in the operating regulation. Given the small difference in
vertical clearances above mean high water between the existing
drawbridge at 40 feet and new fixed bridge at 42 feet, placing the
existing drawbridge in the closed-to-navigation position will not
restrict present navigation from transiting through the bridge. There
have been no requests for an opening of the existing drawbridge aside
from vessels engaged in bridge construction and removal since the
temporary deviation published on February 2, 2018.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 30 days and no
comments were received. No changes were made in the regulatory text
between the NPRM and this final rule.
V. Regulatory Analysis
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This is not considered a significant regulatory action. This
determination is based on the findings that: (1) The potential impact
is small, given the limited number of vessels that required a bridge
opening over the past 10 years, including zero requests since 2013; (2)
the small difference in vertical clearances above mean high water
between the existing drawbridge at 40
[[Page 54248]]
feet and the new fixed bridge at 42 feet; and (3) vessels will be able
to transit through the drawbridge following removal of the draw span,
after the new bridge opens to vehicular traffic.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received zero comments from the Small Business
Administration on this rule. 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. While some owners or operators of
vessels intending to transit the bridge may be small entities, for the
reasons stated in section IV.A above, this rule will not have a
significant economic impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
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.
C. 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).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. We
received zero comments concerning this section of this rule.
E. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble. We received zero comments
concerning this section of this rule.
F. Environment
We have analyzed this 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
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. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction. A Record of Environmental Consideration and a Memorandum
for the Record are not required for this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the For Further
Information Contact section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
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
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. Revise Sec. 117.253 (a) to read as follows:
Sec. 117.253 Anacostia River.
(a) The draw of the Frederick Douglass Memorial (South Capitol
Street) bridge, mile 1.2, need not be opened for the passage of
vessels.
* * * * *
Dated: October 15, 2018.
K.M. Smith,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2018-23598 Filed 10-26-18; 8:45 am]
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