[Federal Register Volume 61, Number 217 (Thursday, November 7, 1996)]
[Rules and Regulations]
[Pages 57585-57586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28651]


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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 117

[CGDO5-95-081]
RIN 2115-AE47


Drawbridge Operation Regulations; Anacostia River, Washington, DC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the Consolidated Rail Corporation (CONRAIL), 
the Coast Guard is changing the regulations that govern the operation 
of the railroad bridge across the Anacostia River, mile 3.4 at 
Washington, DC, by extending the winter seasonal restrictions and 
reducing the hours of operation during the boating season. This rule is 
intended to relieve the bridge owner of the burden of having a 
bridgetender staff the bridge during periods of non-use, while still 
providing for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective on December 9, 1996.

FOR FURTHER INFORMATION CONTACT:
 Ann B. Deaton, Bridge Administrator, U.S. Coast Guard Atlantic Area, 
at (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On January 10, 1996, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; 
Anacostia River, Washington, DC'' in the Federal Register (61 FR 709). 
The comment period ended April 9, 1996. Four comments were received. A 
public hearing was not requested and one was not held.

Background and Purpose

    The CONRAIL drawbridge crosses the Anacostia River at mile 3.4. The 
proposed changes were requested by CONRAIL to extend the Winter 
seasonal restrictions, and reduce the hours of operation during the 
boating season. This will relieve the bridge owner of the burden of 
having a bridgetender staff the bridge during periods of non-use.

Discussion of Comments and Changes

    Current 33 CFR 117.253(b) requires the draw of the CONRAIL bridge 
to open on signal: At any time for public vessels, State and local 
government vessels, commercial vessels, and any vessels in an emergency 
involving danger to life or property year round; on Saturdays, Sundays 
and Federal holidays from April 1 through September 30 for recreational 
boats; and on Weekdays other than Federal holidays between the hours of 
7 a.m. and 11 p.m. from April 1 through September 30 for recreational 
boats. It must open at all other times for recreational boats if at 
least eight hours notice is given. Under the proposed changes to 
Sec. 117.253(b) in the NPRM, the bridge would be required to continue 
to open on signal year round for public vessels, State and local 
government vessels, commercial vessels, and any vessels in an emergency 
involving danger to life or property. However, it would not be required 
to open on signal for recreational vessels except between the hours of 
9 a.m. and 12 noon and 1 p.m. and 6 p.m. from May 15 to September 30. 
It would also be required to open between 6 p.m. and 7 p.m. from May 15 
to September 30 is notice is given to the bridge tender not later than 
6 p.m. on the day on which the opening is requested.
    Four comments were received. A letter from a group of Anacostia 
River bridge tenders claimed that the volume of traffic would increase 
as a result of proposed development upriver from the bridge. According 
to the comment, the State of Maryland recently purchased an upriver 
marina and has begun renovations to attract additional boating traffic. 
It also claimed that the data on which CONRAIL based its request was 
invalid. It asked the Coast Guard to delay any changes in the bridge 
operating schedule until after the 1996 boating season. A second letter 
from a transportation workers union asked the Coast Guard to deny the 
requested change. It also claimed that planned development by the State 
of Maryland would increase boating traffic and that the request was 
based on invalid data. A letter from a conservation group opposed the 
proposed changes due to concerns that they would restrict access by 
emergency response vessels and would have a negative impact on 
recreational boating. A letter from D.C. Fireboats expressed concern 
that the proposed changes would restrict access by emergency response 
vessels during periods of unexpected high water which would require a 
bridge opening for their boats. It did not oppose the proposed

[[Page 57586]]

changes, but asked that procedures should be in place to allow the 
bridge to be opened on short notice.
    Copies of the comments were provided to CONRAIL. In its letter of 
May 6, 1996, a copy of which is in the public docket for this 
rulemaking, CONRAIL responded to the comments. It contended that the 
impact of upriver development was speculative, and noted that the State 
of Maryland did not comment on the proposed changes. It noted that 
historic data for 1993 and 1994 showed infrequent bridge openings and 
that under the proposed changes the bridge would continue to be manned 
and open on demand during periods of most frequent use. It agreed that 
arrangements are needed to open the bridge for emergency response 
vessels on short notice, and they will be required to post a sign 
providing a 24-hour emergency point of contact. CONRAIL advised the 
Coast Guard that once a request for an emergency opening is received 
during periods the bridge is unmanned, an opening will occur within 30 
minutes of that request. D.C. Fireboats expressed to the Coast Guard 
that this arrangement is acceptable to them and relieves their 
concerns.
    The Coast Guard believes that the historic data indicates that 
adoption of the proposed changes will continue to meet the reasonable 
needs of navigation. The schedule may be further revised as needed to 
respond to changes in traffic volume. The Coast Guard agrees that 
timely bridge openings for emergency response vessels must be ensured, 
and this rulemaking does not change that requirement. To ensure a rapid 
response, the Coast Guard has added a requirement that CONRAIL post a 
sign on the bridge providing a 24-hour emergency point of contact to 
arrange for bridge openings on short notice when the bridge is 
unmanned.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this final rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). Because it expects the impact of this 
rule to be minimal, 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.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612, and it has determined that 
this rule will not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this 
rule is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination statement has been 
prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    In consideration of the foregoing, the Coast Guard is amending Part 
117 of Title 33, Code of Federal Regulations to read 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; 49 CFR 1.46; 33 CFR 1.05-1(g); Section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. In Sec. 117.253, paragraphs (b)(1)(ii) and (iii) are revised, 
and paragraph (b)(3) is added to read as follows:


Sec. 117.253  Anacostia River.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (ii) Between 9 a.m. and 12 noon and between 1 p.m. and 6 p.m. from 
May 15 through September 30.
    (iii) Between 6 p.m. and 7 p.m. from May 15 through September 30 if 
notice is given to the bridgetender not later than 6 p.m. on the day 
for which the opening is requested.
* * * * *
    (2) * * *
    (3) The owners of the bridge shall provide and keep in good legible 
condition signs providing a 24-hour emergency telephone number which 
may be called to arrange for bridge openings. The signs shall be 
painted in contrasting colors with letters and numbers not less than 
six inches high. The signs shall be placed on the bridge so that they 
are plainly visible to the operator of any vessel approaching the 
bridge from either upstream or downstream.

    Dated: October 18, 1996.
Kent H. Williams,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 96-28651 Filed 11-6-96; 8:45 am]
BILLING CODE 4910-14-M