[Federal Register: April 18, 2008 (Volume 73, Number 76)]
[Proposed Rules]
[Page 21090-21092]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap08-18]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily change the regulations
governing the operation of the new 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. While construction continues, this
proposal would allow the drawbridge to remain closed-to-navigation each
day from 10 a.m. to 2 p.m. beginning May 31, 2008 until and including
March 1, 2009.
DATES: Comments and related material must reach the Coast Guard by June
2, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0207 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
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:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
We have an agreement with the Department of Transportation (DOT) to
use the Docket Management Facility. Please see DOT's ``Privacy Act''
paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0207), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0207)
in the Search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays or at Commander (dpb), Fifth Coast Guard District, Federal
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 233704-5004
between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
Public Meeting
Currently, no public meeting is scheduled. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
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).
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. from Saturday, May 31, 2008 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.
[[Page 21091]]
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
proposal 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 Proposed Rule
The Coast Guard proposes to temporarily amend the operating
regulations at 33 CFR Sec. 117.255 by inserting new paragraphs
(a)(2)(iii) and (a)(4)(iv) to read as follows: From May 31, 2008 to
March 1, 2009, from 10 a.m. to 2 p.m., the draw of the Woodrow Wilson
Memorial (I-95) Bridge, at mile 103.8, between Alexandria, Virginia and
Oxon Hill, Maryland, need not be opened.
Regulatory Evaluation
This proposed 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 expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. We reached
this conclusion based on the fact that the proposed changes 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 proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, (757) 398-6222. 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 proposed rule would call 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 proposed 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 proposed 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 proposed rule would 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 proposed 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 proposed 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 proposed 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 proposed 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
[[Page 21092]]
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under 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 preliminary determination that this action is not likely to
have a significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
Words of Issuance and Proposed Regulatory Text
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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.
From May 31, 2008, to March 1, 2009, from 10 a.m. to 2 p.m., 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 May 31, 2008 to March 1, 2009, from 10 a.m. to 2
p.m., the draw need not to be opened.
* * * * *
(a)(4)(iv) From May 31, 2008 to March 1, 2009, from 10 a.m. to 2
p.m., the draw need not be opened.
* * * * *
Dated: April 7, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. E8-8514 Filed 4-17-08; 8:45 am]
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