Drawbridge Operation Regulations; Potomac River, Between Maryland and Virginia, 64113-64114 [E6-18332]

Download as PDF Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Rules and Regulations appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of the extension of this final rule and determined that it will not have an effect on foreign commerce. the executive order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866, and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (the Act), enacted as Pub. L. 104–4 on March 22, 1995, is intended, among other things, to curb the practice of imposing unfunded Federal mandates on State, local, and tribal governments. Title II of the Act requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in a $100 million or more expenditure (adjusted annually for inflation) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a ‘‘significant regulatory action.’’ The FAA currently uses an inflation-adjusted value of $120.7 million in lieu of $100 million. This final rule does not contain such a mandate. Therefore, the requirements of Title II of the Unfunded Mandates Reform Act of 1995 do not apply. The Amendment Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. We determined that this action will not have a substantial direct effect on the States, or the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, we have determined that this final rule does not have federalism implications. hsrobinson on PROD1PC76 with RULES Environmental Analysis FAA Order 1050.1E identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this proposed rulemaking action qualifies for the categorical exclusion identified in paragraph 312f, and involves no extraordinary circumstances. Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA has analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 18, 2001). We have determined that it is not a ‘‘significant energy action’’ under VerDate Aug<31>2005 19:00 Oct 31, 2006 Jkt 211001 For the reasons set forth above, the Federal Aviation Administration is amending chapter I of title 14 Code of Federal Regulations as follows: I PART 93—SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC 1. The authority citation for part 93 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502, 44514, 44701, 44719, 46301. 2. Section 9 of Special Federal Aviation Regulation (SFAR) No. 105 is revised to read as follows: I Special Federal Aviation Regulation No. 105—Operating Limitations for Unscheduled Operations at Chicago’s O’Hare International Airport * * * * * Section 9. Expiration. This Special Federal Aviation Regulation expires at 9 p.m., Central Time, on October 31, 2008, unless sooner terminated. Issued in Washington, DC on October 26, 2006. Marion C. Blakey, Administrator. [FR Doc. 06–9000 Filed 10–27–06; 12:36 pm] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [CGD05–06–108] RIN 1625–AA–09 Drawbridge Operation Regulations; Potomac River, Between Maryland and Virginia Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Fifth Coast Guard District, has approved a temporary deviation from 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 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 64113 deviation allows the new drawbridge to remain closed-to-navigation each day from 10 a.m. to 2 p.m. beginning on October 25, 2006 until and including December 24, 2006, to facilitate completion of the Outer Loop portion for the new Woodrow Wilson Bridge construction project. DATES: This deviation is effective from 10 a.m. on October 25, 2006, until 2 p.m. on December 24, 2006. ADDRESSES: Materials referred to in this document are available for inspection or copying at 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. The telephone number is (757) 398–6222. Commander (dpb), Fifth Coast Guard District maintains the public docket for this temporary deviation. FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge Administrator, Fifth Coast Guard District, at (757) 398–6222. SUPPLEMENTARY INFORMATION: In June 2006, the southernmost portion of the bascule spans for the new Woodrow Wilson Memorial Bridge, at mile 103.8, across Potomac River between Alexandria, Virginia and Oxon Hill, Maryland was publicly placed into service, switching I–95 Northbound traffic onto the new Outer Loop portion of the bridge. The newly-constructed portion of bridge will be required to open for vessels in accordance with the current drawbridge operating regulations set out in 33 CFR 117.255(c). While the drawbridge is operational, coordinators for the construction of the new Woodrow Wilson Bridge Project indicated that the bascule span is not yet fully commissioned and the work continues through the rigorous testing phase. Opening the new bascule span for a vessel at this time would take approximately 45 minutes in a best case scenario. This has the potential to have a significant impact upon I–95 traffic, especially during the 10 a.m. to 2 p.m. bridge-opening time frame currently available for commercial vessels, in accordance with 33 CFR 117.255(c). Coordinators requested a temporary deviation from the current operating regulation for the new Woodrow Wilson Memorial (I–95) Bridge set out in 33 CFR 117.255(c). Though good progress has been made regarding commissioning of the north and south drawbridges (both now carrying I–95 vehicle traffic), the coordinators are requesting an additional two months of the 10 a.m. to 2 p.m. restriction of bridge operation to E:\FR\FM\01NOR1.SGM 01NOR1 64114 Federal Register / Vol. 71, No. 211 / Wednesday, November 1, 2006 / Rules and Regulations hsrobinson on PROD1PC76 with RULES proceed with commissioning activities through December 24, 2006. From a river-user standpoint, the coordinators have received no requests from boaters or mariners to open during the 10 a.m. to 2 p.m. timeframe since the restriction 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. The coordinators requested that the new Outer Loop portion of the new drawbridge not be available for openings for vessels each day between the hours of 10 a.m. to 2 p.m. from Monday, October 25 through December 24, 2006 or until the bridge is properly commissioned, whichever comes first. The temporary deviation will only affect vessels with mast heights of 75 feet or greater as the existing drawbridge is able to open in accordance with the current operating regulations set out in 33 CFR 117.255(a). Management of the Federal and auxiliary channels will continue to be closely coordinated between the coordinators for the construction of the new Woodrow Wilson Bridge Project, the Coast Guard and vessels requesting transit through the construction zone. Furthermore, all affected vessels with mast heights greater than 75 feet will be able to receive an opening of the new drawbridge in the ‘‘off-peak’’ vehicle traffic hours (evening and overnight) in accordance with 33 CFR 117.255(c). Maintaining the new drawbridge in the closed-to-navigation position each day from 10 a.m. to 2 p.m. on October 25, 2006 through December 24, 2006 will help reduce the impact to vehicular traffic during this phase of new bridge construction. The Coast Guard has informed the known users of the waterway of the closure period for the bridge so that these vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(c), this work will be performed with all due speed in order to return the bridge to normal operation as soon as possible. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: October 20, 2006. Waverly W. Gregory, Jr., Chief, Bridge Administration Branch, Fifth Coast Guard District. [FR Doc. E6–18332 Filed 10–31–06; 8:45 am] BILLING CODE 4910–15–P VerDate Aug<31>2005 19:00 Oct 31, 2006 Jkt 211001 DEPARTMENT OF HOMELAND SECURITY enforcement vessel on scene will advise mariners of the restriction. Coast Guard Background and Purpose Kelly Brothers construction was contracted by Lee County Department of Transportation to replace the fender system on the Cape Coral Bridge on the Caloosahatchee River. The replacement will include demolition of the existing fender piles, installation of new fender piles, and installation of the fender timbers. The replacement will require a tug and barge to be placed in the navigable channel partially blocking the channel. The unaffected portion (approximately 45 feet) will remain unobstructed and open for traffic. The nature of this work and the close proximity of the channel present a hazard to mariners transiting the area. This safety zone is being established to ensure the safety of life on the navigable waters of the United States. 33 CFR Part 165 [COTP Sector St. Petersburg 06–195] RIN 1625–AA00 Safety Zone; Caloosahatchee River, FL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone on the waters of the Caloosahatchee River, Florida in the vicinity of the Cape Coral Bridge while repair operations are being conducted. This rule is necessary to ensure the safety of the construction workers and mariners on the navigable waters of the United States. DATES: This rule is effective from 6 a.m. on September 18 through 6 p.m. on December 22, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket [COTP 06–195] and are available for inspection or copying at Coast Guard Sector St. Petersburg, Prevention Department, 155 Columbia Drive, Tampa, Florida 33606– 3598 between 7:30 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: LT Ronaydee Marquez at Coast Guard Sector St. Petersburg (813) 228–2191 Ext 8307. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM. The Coast Guard received notification of the construction only fourteen days prior to the start of the construction, which was not enough time to publish an NPRM. Publishing an NPRM and delaying its effective date would be contrary to the public interest since immediate action is needed to minimize potential danger to the construction workers and mariners transiting the area. The Coast Guard will issue a broadcast notice to mariners to advise mariners of the restriction. For the same reasons, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. The Coast Guard will issue a broadcast notice to mariners and a local law PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Discussion of Rule The safety zone encompasses the following waters of the Caloosahatchee River, Florida: all waters from surface to bottom within 5 feet of the construction barge and accompanying tug that are working on the bridge fender system during the repair hours of 7 a.m. to 6 p.m. Monday through Friday. Vessels and persons are prohibited from anchoring, mooring, or transiting within this zone, unless authorized by the Captain of the Port Sector St. Petersburg or his designated representative. The zone is effective from 6 a.m. on September 18 through 6 p.m. on December 22, 2006. Enforcement of the zone will be from 7 a.m. to 6 p.m. every Monday through Friday during the effective period. On-scene notice will be provided by local law enforcement marine units enforcing the safety zone. Regulatory Evaluation 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 expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. The rule will only be enforced for a limited amount of time. Moreover, vessels may still transit the unaffected portion of the channel. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered E:\FR\FM\01NOR1.SGM 01NOR1

Agencies

[Federal Register Volume 71, Number 211 (Wednesday, November 1, 2006)]
[Rules and Regulations]
[Pages 64113-64114]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-18332]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-06-108]
RIN 1625-AA-09


Drawbridge Operation Regulations; Potomac River, Between Maryland 
and Virginia

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

-----------------------------------------------------------------------

SUMMARY: The Commander, Fifth Coast Guard District, has approved a 
temporary deviation from 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 
deviation allows the new drawbridge to remain closed-to-navigation each 
day from 10 a.m. to 2 p.m. beginning on October 25, 2006 until and 
including December 24, 2006, to facilitate completion of the Outer Loop 
portion for the new Woodrow Wilson Bridge construction project.

DATES: This deviation is effective from 10 a.m. on October 25, 2006, 
until 2 p.m. on December 24, 2006.

ADDRESSES: Materials referred to in this document are available for 
inspection or copying at 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. The telephone number is (757) 398-6222. Commander (dpb), 
Fifth Coast Guard District maintains the public docket for this 
temporary deviation.

FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, at (757) 398-6222.

SUPPLEMENTARY INFORMATION: In June 2006, the southernmost portion of 
the bascule spans for the new Woodrow Wilson Memorial Bridge, at mile 
103.8, across Potomac River between Alexandria, Virginia and Oxon Hill, 
Maryland was publicly placed into service, switching I-95 Northbound 
traffic onto the new Outer Loop portion of the bridge. The newly-
constructed portion of bridge will be required to open for vessels in 
accordance with the current drawbridge operating regulations set out in 
33 CFR 117.255(c).
    While the drawbridge is operational, coordinators for the 
construction of the new Woodrow Wilson Bridge Project indicated that 
the bascule span is not yet fully commissioned and the work continues 
through the rigorous testing phase. Opening the new bascule span for a 
vessel at this time would take approximately 45 minutes in a best case 
scenario. This has the potential to have a significant impact upon I-95 
traffic, especially during the 10 a.m. to 2 p.m. bridge-opening time 
frame currently available for commercial vessels, in accordance with 33 
CFR 117.255(c).
    Coordinators requested a temporary deviation from the current 
operating regulation for the new Woodrow Wilson Memorial (I-95) Bridge 
set out in 33 CFR 117.255(c).
    Though good progress has been made regarding commissioning of the 
north and south drawbridges (both now carrying I-95 vehicle traffic), 
the coordinators are requesting an additional two months of the 10 a.m. 
to 2 p.m. restriction of bridge operation to

[[Page 64114]]

proceed with commissioning activities through December 24, 2006. From a 
river-user standpoint, the coordinators have received no requests from 
boaters or mariners to open during the 10 a.m. to 2 p.m. timeframe 
since the restriction 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.
    The coordinators requested that the new Outer Loop portion of the 
new drawbridge not be available for openings for vessels each day 
between the hours of 10 a.m. to 2 p.m. from Monday, October 25 through 
December 24, 2006 or until the bridge is properly commissioned, 
whichever comes first. The temporary deviation will only affect vessels 
with mast heights of 75 feet or greater as the existing drawbridge is 
able to open in accordance with the current operating regulations set 
out in 33 CFR 117.255(a). Management of the Federal and auxiliary 
channels will continue to be closely coordinated between the 
coordinators for the construction of the new Woodrow Wilson Bridge 
Project, the Coast Guard and vessels requesting transit through the 
construction zone. Furthermore, all affected vessels with mast heights 
greater than 75 feet will be able to receive an opening of the new 
drawbridge in the ``off-peak'' vehicle traffic hours (evening and 
overnight) in accordance with 33 CFR 117.255(c). Maintaining the new 
drawbridge in the closed-to-navigation position each day from 10 a.m. 
to 2 p.m. on October 25, 2006 through December 24, 2006 will help 
reduce the impact to vehicular traffic during this phase of new bridge 
construction.
    The Coast Guard has informed the known users of the waterway of the 
closure period for the bridge so that these vessels can arrange their 
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(c), this work will be performed 
with all due speed in order to return the bridge to normal operation as 
soon as possible. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.

    Dated: October 20, 2006.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
 [FR Doc. E6-18332 Filed 10-31-06; 8:45 am]
BILLING CODE 4910-15-P

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