[Federal Register Volume 63, Number 241 (Wednesday, December 16, 1998)]
[Rules and Regulations]
[Pages 69191-69193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33223]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-98-017]
RIN 2115-AE47


Drawbridge Operation Regulations; Anacostia River, Washington, DC

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is revising the rule currently governing the 
operation of the Frederick Douglass Memorial (South Capitol Street) 
bridge

[[Page 69192]]

across Anacostia River at mile 1.2 in Washington, DC. This temporary 
rule again authorizes this bridge to remain closed to navigation until 
January 31, 1999. 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 December 4, 1998 to 
11 p.m. on January 31, 1999.

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 second extension 
request on November 10, 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 initially published a Temporary 
Final Rule entitled ``Drawbridge Operation Regulations; Anacostia 
River, Washington, DC'' in the Federal Register (63 FR 19406). That 
regulation was effective from April 2, 1998 to 11 p.m. on August 31, 
1998.
    Due to the unavailability of raw materials and deficiencies in 
implementing corrective measures, an extension was granted to complete 
the repairs. On August 26, 1998, the Coast Guard published a Temporary 
Final Rule; extension of effective date entitled ``Drawbridge Operation 
Regulations; Anacostia River, Washington, DC'' in the Federal Register 
(63 FR 45396). That regulation extension was effective from 11:01 p.m. 
August 31, 1998 through 11 p.m. November 23, 1998.
    With the continuing unavailability of raw material, a second 
extension has been requested by the contractor. The Coast Guard has 
been assured by the contractor and bridge owner by letter that the 
bridge swing span rehabilitation will be completed by December 31, 1998 
with the functional testing completed by January 31, 1999. In addition, 
the contractor has assured the bridge owner that the contractor will 
provide the resources, manpower, and additional work shifts as required 
to ensure that the bridge operation deadline of January 31, 1999 is 
met. Therefore, the Coast Guard is extending the closure period until 
January 31, 1999 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).

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 December 4, 1998 through January 31, 1999, Section 
117.253 paragraph (a) is suspended and a new paragraph (c) is added to 
read as follows:


Sec. 117.253  Anacostia River.

* * * * *
    (c) From 8 a.m. on March 11, 1998 until 11 p.m. on January 31, 
1999, the draw of the Frederick Douglass Memorial (South Capitol 
Street) bridge

[[Page 69193]]

need not be opened for the passage of vessels.

    Dated: December 4, 1998.
Thomas E. Bernard,
Captain, U.S. Coast Guard, Fifth Coast Guard District, Acting District 
Commander.
[FR Doc. 98-33223 Filed 12-15-98; 8:45 am]
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