[Federal Register Volume 63, Number 165 (Wednesday, August 26, 1998)]
[Rules and Regulations]
[Pages 45396-45397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22919]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGDO5-98-017]
RIN 2115-AE47


Drawbridge Operation Regulations; Anacostia River, Washington, DC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule; extension of effective date.

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SUMMARY: The Coast Guard is amending the temporary rule currently 
governing the operation of the Frederick Douglass Memorial (South 
Capitol Street) bridge across Anacostia River at mile 1.2 in 
Washington, D.C. This temporary rule extends the authorization to keep 
this bridge closed to navigation until November 23, 1998. This action 
is necessary to complete on-going extensive mechanical and electrical 
rehabilitation and maintain the bridge's operational integrity.

DATES: This temporary final rule is effective from 11:01 p.m. August 
31, 1998 to 11 p.m. on November 23, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the office of the Commander (Aowb), Fifth 
Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (757) 
398-6222.

FOR FURTHER INFORMATION CONTACT: Ann Deaton, Bridge Administrator, 
Fifth Coast Guard District, (757) 398-6222.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation and good 
cause exists for making it effective in less than 30 days from the date 
of publication. The Coast Guard was notified of the extension request 
on July 17, 1998. Subsequently, publication of a notice of proposed 
rulemaking and delay of effective date would be contrary to the public 
interest because immediate action is necessary to address the bridge's 
present inability to open safely.

Discussion of Regulation

    On April 20, 1998, the Coast Guard published a Temporary Final Rule 
entitled ``Drawbridge Operation Regulations; Anacostia River, 
Washington, DC'' in the Federal Register (63 FR 19406). That regulation 
is effective from April 2, 1998 to 11 p.m. on August 31, 1998. During 
that period, necessary repairs consisting of the mechanical and 
electrical rehabilitation were being implemented for the modification 
of the bridge's swing span. However, during removal and disassembly of 
the machinery, serious flaws and defects were found in various gears 
and components which require additional repair or replacement. These 
gears and components are no longer available as standard equipment and 
require special ordering. A report, prepared by the contractor, 
revealed that the swing span had sustained added deflection or bend. 
This added deflection is seriously hampering the operation of the swing 
span and negatively impacting the operation of the machinery. The 
evaluation of the deficiencies, implementation of corrective measures, 
and unavailability of raw materials have seriously disrupted the 
contractor's ability to meet the August 31, 1998 date of completing the 
repairs and returning to successful operation of the swing span to 
marine traffic. Therefore, the Coast Guard is extending the closure 
period until November 23, 1998 so the repairs can be completed.
    The Coast Guard has notified the affected users of the waterway of 
this closure extension. The U.S. Navy indicated that it will not be 
affected by the extension. The Coast Guard also contacted EPA's Office 
of Water Programs and the local Coast Guard unit (USCG Station St. 
Inigoes) of the bridge's extended inability to open for vessels, and 
they did not object. Additionally, vessels docked at a nearby marina 
can clear the bridge's vertical clearance in the closed position, which 
is 42 feet at mean high water. Therefore, vessels are not expected to 
be negatively impacted by this temporary rule.

Regulatory Evaluation

    This temporary final 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. Due to the small number of requests 
for openings, the notification of affected public vessels of the United 
States, and the ability of vessels at the nearby marina to clear the 
bridge's closed-position vertical clearance, the impact on routine 
navigation is expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard must consider whether this temporary 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).
    As a result of notifying the affected users of the waterway of the 
extension, the limited requests for vessel openings and the ability of 
nearby vessels to clear the bridge's closed-position vertical 
clearance, 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 requirement under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 45397]]

Federalism

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

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(2) of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further 
environmental documentation based on the fact that it is a promulgation 
of the operating regulations for a drawbridge. A Categorical Exclusion 
Determination statement has been prepared and placed in the rulemaking 
docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR Part 117 as follows:

PART 117--[AMENDED]

    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. Effective 11:01 p.m. August 31, 1998 through November 23, 1998, 
Section 117.253 is amended by suspending paragraph (a) and adding 
paragraph (c) to read as follows:


Sec. 117.253  Anacostia River.

* * * * *
    (c) From 8 a.m. on March 11, 1998 until 11 p.m. on November 23, 
1998, the draw of the Frederick Douglass Memorial (South Capitol 
Street) bridge need not be opened for the passage of vessels.

    Dated: August 14, 1998.
Roger T. Ruff, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-22919 Filed 8-25-98; 8:45 am]
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