
[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]

BILLING CODE 4910-15-P
