[Federal Register Volume 90, Number 146 (Friday, August 1, 2025)]
[Rules and Regulations]
[Pages 36109-36111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14593]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2025-0182]
RIN 1625-AA09
Drawbridge Operation Regulation; Southern Branch of the Elizabeth
River, Chesapeake, Virginia
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Dominion Boulevard (US17) Bridge, mile 8.8 across
the Southern Branch of the Elizabeth River in Chesapeake, VA. The
Dominion Boulevard (US17) Drawbridge has been removed in its entirety
and replaced with a high-level fixed bridge as of October 20, 2016. The
operating regulation for the bridge is no longer applicable or
necessary and will be removed from the CFR.
DATES: This rule is effective August 1, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2025-0182) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Hal Pitts, Fifth Coast Guard District Chief Bridge
Branch (dpb); telephone 571-607-8298, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations [Delete/Add Any Abbreviations Not Used/Used
in This Document]
APA Administrative Procedure Act
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
US United States
II. Background Information and Regulatory History
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
[[Page 36110]]
without prior notice and opportunity to comment when the agency for
good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b), the Coast Guard finds that good cause exists for not publishing
a notice of proposed rulemaking (NPRM) with respect to this rule
because the Dominion Boulevard (US 17) Drawbridge, governed by 33 CFR
117.997(f), was removed from the waterway and replaced with a fixed
bridge in 2016. Therefore, the regulation is no longer applicable and
shall be removed from publication. It is unnecessary to publish an NPRM
because this regulatory action does not purport to place any
restrictions on mariners but rather removes a restriction that has no
further use or value.
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. The Dominion Boulevard (US17)
Bridge was removed from the waterway nearly nine years ago and this
rule merely requires an administrative change to the Federal Register,
in order to omit a regulatory requirement that is no longer applicable
or necessary. The removal of the bridge has already taken place, and
the removal of the regulation will not affect mariners currently
operating on this waterway. Therefore, a delayed effective date is
unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under 33 U.S.C. 499.
The Dominion Boulevard (US17) Drawbridge, mile 8.8 across the
Southern Branch of the Elizabeth River in Chesapeake, VA was removed
and replaced with a fixed bridge in 2016. On May 23, 2012, the U.S.
Coast Guard issued a permit authorizing replacement of the Dominion
Boulevard (US17) Drawbridge with a high-level fixed bridge. On June 27,
2025, the U.S. Coast Guard signed the bridge completion report
certifying the Dominion Boulevard (US17) Drawbridge has been removed in
its entirety and replaced with a high-level fixed bridge as of October
20, 2016. It has come to the attention of the Coast Guard that the
governing regulation for this drawbridge was never removed subsequent
to the removal of the drawbridge. The replacement of this drawbridge
necessitates the removal of the drawbridge operation regulation, 33 CFR
117.997(f), pertaining to the former drawbridge.
The purpose of this rule is to remove section of 33 CFR 117.997(f)
from the CFR since it governs a bridge that has been removed from the
waterway and does not exist.
IV. Discussion of Final Rule
The Coast Guard seeks to update the CFR by removing the regulation
in 33 CFR 117.997(f) related to the Dominion Boulevard (US 17)
Drawbridge since the bridge was removed from the waterway and replaced
with a fixed bridge nearly nine years ago. This change does not affect
waterway or land traffic.
V. Regulatory Analyses
We developed the removal of this regulation/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.
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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget (OMB).
This regulatory action determination is based on the fact that the
moveable bridge has been replaced with a fixed bridge and no longer
crosses the waterway. The removal of the operating schedule from 33 CFR
117 Subpart B will have no effect on the movement of waterway or land
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 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 V.A.
above this final rule would 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
section.
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.
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
[[Page 36111]]
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 rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this 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
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and DHS Delegation No.
00170.1, Revision No. 01.3.
Sec. 117.997 [Amended]
0
2. Amend Sec. 117.997 by removing paragraph (f) and redesignating
paragraphs (g) through (i) as paragraphs (f) through (h), respectively.
J.C. Vann,
Rear Admiral (upper half), U.S. Coast Guard, Commander, Fifth Coast
Guard District.
[FR Doc. 2025-14593 Filed 7-31-25; 8:45 am]
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