[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]
 BILLING CODE 9110-04-P


