[Federal Register Volume 74, Number 124 (Tuesday, June 30, 2009)]
[Rules and Regulations]
[Pages 31180-31182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15559]


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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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