83 FR 32602 - Drawbridge Operation Regulation; Anacostia River, Washington, DC
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 135 (July 13, 2018)
Coast Guard
Federal Register Volume 83, Issue 135 (July 13, 2018)
| Page Range | 32602-32604 | |
| FR Document | 2018-15050 |
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)] [Proposed Rules] [Pages 32602-32604] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15050] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Proposed Rules [[Page 32602]] 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: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to modify the operating schedule that governs the Frederick Douglass Memorial Bridge across the Anacostia River, mile 1.2, in Washington, DC. This proposal is to allow the existing drawbridge to remain closed-to-navigation. This proposal 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: Comments and related material must reach the Coast Guard on or before August 13, 2018. ADDRESSES: You may submit comments identified by docket number USCG 2018-0473 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Mr. Martin A. Bridges, Fifth Coast Guard District (dpb), telephone (757) 398-6422, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background, Purpose and Legal Basis The District of Columbia Department of Transportation, who owns and operates the Frederick Douglass Memorial Bridge, has requested a rule to allow the existing drawbridge to remain in the closed-to-navigation position during the construction of a new fixed bridge on an alignment 18 feet south of the existing drawbridge and the removal of the existing drawbridge. The existing 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. The current operating schedule for the existing drawbridge is published in 33 CFR 117.253 (a). The current rule will be replaced in its entirety. 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 and Coast Guard Record of Decision; completion of a navigation impact report; public meetings held on March 4, 2008, April 28, 2011, July 30, 2013, May 5, 2014, and January 22, 2015, and publication of a preliminary public notice for navigation on November 4, 2013, and public notice for the bridge permit application on October 20, 2017. On February 2, 2018, we published a notice of deviation from drawbridge regulation entitled ``Drawbridge Operation Regulation; Anacostia River, Washington, DC'' in the Federal Register (83 FR 4845). The deviation is 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 allows the bridge to remain in the closed-to- navigation position during construction and is effective from 6 a.m. on February 2, 2018, through 6 a.m. on August 1, 2018. This proposed modification of the operating schedule is designed to mitigate vehicular congestion and maintain public safety, and provide for safe, effective and efficient bridge construction and removal, while meeting the existing and future needs of navigation. III. Discussion of Proposed Rule The proposed rule will allow the drawbridge to be placed in the closed-to-navigation position, while a fixed bridge with a navigational clearance of 42 feet above mean high water on an alignment 18 feet south of the existing drawbridge is constructed, and during the removal of the existing drawbridge. 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 should not restrict present navigation from transiting through the bridge. There have been no requests for an opening of the existing drawbridge since the temporary deviation published on February 2, 2018, with the exception of vessels engaged in bridge construction and removal. There are no alternative routes and vessels able to transit under the existing drawbridge without an opening may do so. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on these statutes and Executive Orders and we discuss First Amendment rights of protestors. 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 NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 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 [[Page 32603]] potential impact is small given the limited number of vessels requiring a bridge opening over the past 10 years, with no requests since 2013; (2) the small difference in vertical clearances above mean high water between the existing drawbridge at 40 feet and 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 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. 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. This rule is not expected to restrict present navigation from transiting through the bridge. 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. 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. 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. 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.). 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 proposed 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 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. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. 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. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.1 (series), 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 one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule simply promulgates the operating regulations or procedures for drawbridges. Normally such actions are categorically excluded from further review, under figure 2-1, paragraph (32)(e), of the Instruction. A preliminary Record of Environmental Consideration and a Memorandum for the Record are not required for this proposed rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacynotice. Documents mentioned in this NPRM as being available in this docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: [[Page 32604]] 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: June 25, 2018. M.L. Austin, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2018-15050 Filed 7-12-18; 8:45 am] BILLING CODE 9110-04-P
![32602
Proposed Rules Federal Register
Vol. 83, No. 135
Friday, July 13, 2018
This section of the FEDERAL REGISTER II. Background, Purpose and Legal maintain public safety, and provide for
contains notices to the public of the proposed Basis safe, effective and efficient bridge
issuance of rules and regulations. The construction and removal, while
purpose of these notices is to give interested The District of Columbia Department
of Transportation, who owns and meeting the existing and future needs of
persons an opportunity to participate in the navigation.
rule making prior to the adoption of the final operates the Frederick Douglass
rules. Memorial Bridge, has requested a rule to III. Discussion of Proposed Rule
allow the existing drawbridge to remain The proposed rule will allow the
in the closed-to-navigation position drawbridge to be placed in the closed-
DEPARTMENT OF HOMELAND during the construction of a new fixed to-navigation position, while a fixed
SECURITY bridge on an alignment 18 feet south of bridge with a navigational clearance of
the existing drawbridge and the removal 42 feet above mean high water on an
Coast Guard of the existing drawbridge. alignment 18 feet south of the existing
The existing Frederick Douglass
33 CFR Part 117 drawbridge is constructed, and during
Memorial Bridge across the Anacostia the removal of the existing drawbridge.
[Docket No. USCG 2018–0473] River, mile 1.2, in Washington, DC, has Given the small difference in vertical
a vertical clearance of 40 feet above clearances above mean high water
RIN 1625–AA09 mean high water in the closed-to- between the existing drawbridge at 40
navigation position. The current feet and new fixed bridge at 42 feet,
Drawbridge Operation Regulation; operating schedule for the existing
Anacostia River, Washington, DC placing the existing drawbridge in the
drawbridge is published in 33 CFR closed-to-navigation should not restrict
AGENCY: Coast Guard, DHS. 117.253 (a). The current rule will be present navigation from transiting
replaced in its entirety. through the bridge. There have been no
ACTION: Notice of proposed rulemaking. On December 4, 2017, the Coast requests for an opening of the existing
SUMMARY: The Coast Guard proposes to Guard signed Bridge Permit (2–17–5) drawbridge since the temporary
modify the operating schedule that authorizing the replacement of the deviation published on February 2,
governs the Frederick Douglass existing drawbridge with a fixed bridge 2018, with the exception of vessels
Memorial Bridge across the Anacostia with a vertical clearance of 42 feet above engaged in bridge construction and
River, mile 1.2, in Washington, DC. This mean high water on an alignment 18 removal. There are no alternative routes
proposal is to allow the existing feet south of the existing drawbridge. and vessels able to transit under the
drawbridge to remain closed-to- Issuance of the bridge permit followed existing drawbridge without an opening
navigation. This proposal is necessary to a multi-year process involving may do so.
accommodate the construction of a new completion of an environmental impact
statement and Coast Guard Record of IV. Regulatory Analyses
fixed bridge on an alignment 18 feet
south of the existing drawbridge and the Decision; completion of a navigation We developed this proposed rule after
removal of the existing drawbridge. impact report; public meetings held on considering numerous statutes and
March 4, 2008, April 28, 2011, July 30, Executive Orders related to rulemaking.
DATES: Comments and related material
2013, May 5, 2014, and January 22, Below we summarize our analyses
must reach the Coast Guard on or before
2015, and publication of a preliminary based on these statutes and Executive
August 13, 2018.
public notice for navigation on Orders and we discuss First
ADDRESSES: You may submit comments November 4, 2013, and public notice for Amendment rights of protestors.
identified by docket number USCG the bridge permit application on
2018–0473 using Federal eRulemaking October 20, 2017. A. Regulatory Planning and Review
Portal at http://www.regulations.gov. On February 2, 2018, we published a Executive Orders 12866 and 13563
See the ‘‘Public Participation and notice of deviation from drawbridge direct agencies to assess the costs and
Request for Comments’’ portion of the regulation entitled ‘‘Drawbridge benefits of available regulatory
SUPPLEMENTARY INFORMATION section Operation Regulation; Anacostia River, alternatives and, if regulation is
below for instructions on submitting Washington, DC’’ in the Federal necessary, to select regulatory
comments. Register (83 FR 4845). The deviation is approaches that maximize net benefits.
FOR FURTHER INFORMATION CONTACT: If necessary to accommodate the Executive Order 13771 directs agencies
you have questions on this proposed construction and replacement of the to control regulatory costs through a
rule, call or email Mr. Martin A. existing Frederick Douglass Memorial budgeting process. This NPRM has not
Bridges, Fifth Coast Guard District Bridge with a fixed bridge on an been designated a ‘‘significant
(dpb), telephone (757) 398–6422, email alignment 18 feet south of the existing regulatory action,’’ under Executive
drawbridge. This temporary deviation Order 12866. Accordingly, the NPRM
sradovich on DSK3GMQ082PROD with PROPOSALS
Martin.A.Bridges@uscg.mil.
SUPPLEMENTARY INFORMATION:
allows the bridge to remain in the has not been reviewed by the Office of
closed-to-navigation position during Management and Budget (OMB) and
I. Table of Abbreviations construction and is effective from 6 a.m. pursuant to OMB guidance it is exempt
CFR Code of Federal Regulations on February 2, 2018, through 6 a.m. on from the requirements of Executive
FR Federal Register August 1, 2018. Order 13771.
NPRM Notice of proposed rulemaking This proposed modification of the This is not considered a significant
§ Section operating schedule is designed to regulatory action. This determination is
U.S.C. United States Code mitigate vehicular congestion and based on the findings that: (1) The
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![32604 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Proposed Rules
PART 117—DRAWBRIDGE U.S. Coast Guard Sector Buffalo; Executive Orders related to rulemaking.
OPERATION REGULATIONS telephone 716–843–9322, email D09- Below we summarize our analyses
SMB-SECBuffalo-WWM@uscg.mil. based on a number of these statutes and
■ 1. The authority citation for part 117 SUPPLEMENTARY INFORMATION: Executive Orders and we discuss First
continues to read as follows: Amendment rights of protestors.
I. Table of Abbreviations
Authority: 33 U.S.C. 499; 33 CFR 1.05–1; A. Regulatory Planning and Review
Department of Homeland Security Delegation CFR Code of Federal Regulations
No. 0170.1. DHS Department of Homeland Security Executive Orders 12866 and 13563
FR Federal Register direct agencies to assess the costs and
■ 2. Revise § 117.253(a) to read as benefits of available regulatory
NPRM Notice of proposed rulemaking
follows: § Section alternatives and, if regulation is
§ 117.253 Anacostia River U.S.C. United States Code necessary, to select regulatory
(a) The draw of the Frederick II. Background, Purpose, and Legal approaches that maximize net benefits.
Douglass Memorial (South Capitol Basis Executive Order 13771 directs agencies
Street) bridge, mile 1.2, need not be to control regulatory costs through a
On April 8, 2018, Mohawk Valley Ski budgeting process. This NPRM has not
opened for the passage of vessels. Club Inc. notified the Coast Guard that been designated a ‘‘significant
* * * * * it would be conducting a ski show from regulatory action,’’ under Executive
Dated: June 25, 2018. 12:00 p.m. to 8:00 p.m. on August 12, Order 12866. Accordingly, the NPRM
M.L. Austin, 2018. The show will take place on Fish has not been reviewed by the Office of
Rear Admiral, U.S. Coast Guard, Commander, Creek where the creek meets Oneida Management and Budget (OMB), and
Fifth Coast Guard District. Lake starting at position 43°11′36.6″ N, pursuant to OMB guidance it is exempt
[FR Doc. 2018–15050 Filed 7–12–18; 8:45 am] 75°43′53.8″ W then South to 43°11′33.7″ from the requirements of Executive
BILLING CODE 9110–04–P
N, 75°43′51.2″ W then East to Order 13771.
43°11′42.4″ N, 75°43′38.6″ W then North This regulatory action determination
to 43°11′44.5″ N, 75°43′39.7″ W then is based on the size, location, duration,
DEPARTMENT OF HOMELAND returning to the point of origin. The and time-of-day of the safety zone.
SECURITY Captain of the Port Buffalo (COTP) has Vessel traffic would not be able to safely
determined that potential hazards transit around this safety zone, which
Coast Guard associated with a Ski Show Sylvan would impact a small designated area of
Beach would be a safety concern for Fish Creek. However, the Coast Guard
33 CFR Part 165 anyone within the aforementioned zone would issue a Broadcast Notice to
on Fish Creek. Mariners via VHF–FM marine channel
[Docket Number USCG–2018–0635]
The purpose of this rulemaking is to 16 about the zone, and the rule would
RIN 1625–AA00 enhance the safety of vessels and racers allow vessels to seek permission to enter
on the navigable waters within the the zone.
Safety Zone; Ski Show Sylvan Beach; above stated points, before, during, and
Fish Creek, Oneida, NY after the scheduled event. The Coast B. Impact on Small Entities
AGENCY: Coast Guard, DHS. Guard proposes this rulemaking under The Regulatory Flexibility Act of
authority in 33 U.S.C. 1231. 1980, 5 U.S.C. 601–612, as amended,
ACTION: Notice of proposed rulemaking.
requires Federal agencies to consider
III. Discussion of Proposed Rule the potential impact of regulations on
SUMMARY: The Coast Guard proposes to
establish a temporary safety zone for The COTP proposes to establish a small entities during rulemaking. The
certain waters of Fish Creek during the temporary safety zone enforced from term ‘‘small entities’’ comprises small
Ski Show Sylvan Beach. This proposed 12:00 p.m. to 8:00 p.m. on August 12, businesses, not-for-profit organizations
rulemaking would prohibit persons and 2018 with breaks every 30 minutes to that are independently owned and
vessels from being in the safety zone allow traffic to pass. The safety zone operated and are not dominant in their
unless authorized by the Captain of the will cover all navigable waters starting fields, and governmental jurisdictions
Port Buffalo or a designated at position 43°11′36.6″ N, 75°43′53.8″ W with populations of less than 50,000.
representative. We invite your then South to 43°11′33.7″ N, 75°43′51.2″ The Coast Guard certifies under 5 U.S.C.
comments on this proposed rulemaking. W then East to 43°11′42.4″ N, 605(b) that this proposed rule would not
DATES: Comments and related material
75°43′38.6″ W then North to 43°11′44.5″ have a significant economic impact on
must be received by the Coast Guard on N, 75°43′39.7″ W then returning to the a substantial number of small entities.
or before August 2, 2018. point of origin on Fish Creek, Oneida, While some owners or operators of
NY. The duration of the zone is vessels intending to transit the safety
ADDRESSES: You may submit comments
intended to enhance the safety of zone may be small entities, for the
identified by docket number USCG– reasons stated in section IV.A above,
vessels and these navigable waters
2018–0635 using the Federal this proposed rule would not have a
before, during, and after the scheduled
eRulemaking Portal at http:// significant economic impact on any
12:00 p.m. to 8:00 p.m. Ski Show. No
www.regulations.gov. See the ‘‘Public vessel owner or operator.
vessel or person would be permitted to
Participation and Request for If you think that your business,
enter the safety zone without obtaining
sradovich on DSK3GMQ082PROD with PROPOSALS
Comments’’ portion of the organization, or governmental
permission from the COTP or a
SUPPLEMENTARY INFORMATION section for jurisdiction qualifies as a small entity
designated representative. The
further instructions on submitting and that this rule would have a
regulatory text we are proposing appears
comments. significant economic impact on it,
at the end of this document.
FOR FURTHER INFORMATION CONTACT: If please submit a comment (see
you have questions about this proposed IV. Regulatory Analyses ADDRESSES) explaining why you think it
rulemaking, call or email LCDR Michael We developed this proposed rule after qualifies and how and to what degree
Collet, Chief of Waterways Management, considering numerous statutes and this rule would economically affect it.
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Document Created: 2018-07-13 01:05:18
Document Modified: 2018-07-13 01:05:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must reach the Coast Guard on or before August 13, 2018. | |
| Contact | If you have questions on this proposed rule, call or email Mr. Martin A. Bridges, Fifth Coast Guard District (dpb), telephone (757) 398-6422, email [email protected] | |
| FR Citation | 83 FR 32602 | |
| RIN Number | 1625-AA09 |
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