[Federal Register Volume 69, Number 95 (Monday, May 17, 2004)]
[Proposed Rules]
[Pages 27872-27874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11149]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-04-028]
RIN 1625-AA09


Drawbridge Operation Regulations: Anacostia River, Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the regulations that govern 
the operation of the CSX Transportation (CSX) Railroad Bridge across 
Anacostia River, at mile 3.4, in Washington, DC. The proposed rule 
would eliminate the need for a bridge tender by allowing the bridge to 
be operated from a remote location. This proposed change would maintain 
the bridge's current level of operational capabilities and continue 
providing for the reasonable needs of rail transportation and vessel 
navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before July 16, 2004.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Fifth Coast Guard District, Federal Building, 4th Floor, 431 
Crawford Street, Portsmouth, Virginia 23704-5004, or they may be hand 
delivered to the same address between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. The Commander (obr), Fifth Coast Guard 
District maintains the public docket for this rulemaking. Comments and 
material received from the public, as well as documents indicated in 
this preamble as being available in the docket, will become part of 
this docket and will be available for inspection or copying at the 
above address.

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

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking CGD05-04-
028, indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like 
confirmation to know if they were received, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of those comments.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Commander, Fifth Coast Guard 
District at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time at a place announced by a later notice in the 
Federal Register.

Background and Purpose

    This rule proposes to allow the CSX Railroad Bridge, which crosses 
the Anacostia River at mile 3.4, in Washington, DC, to be operated from 
a remote location at the Benning Yard office. CSX, who owns and 
operates this movable (vertical lift-type) bridge, requested changes to 
the operating procedures for the drawbridge. The bridge has a vertical 
clearance in the closed position to vessels of eight feet at mean low 
water and five feet at mean high water. Currently, 33 CFR 117.253 (b) 
requires the bridge to open on signal: at all times for public vessels 
of the United States, state and local government vessels, commercial 
vessels, and any vessels in an emergency involving danger to life or 
property; between 9 a.m. and 12 noon and between 1 p.m. and 6 p.m. from 
May 15 through September 30; between 6 p.m. and 7 p.m. from May 15 
through September 30 if notice is given to the bridge tender not later 
than 6 p.m. on the day for which the opening is requested; and at all 
other times, if at least eight hours notice is given.

[[Page 27873]]

    CSX proposes to remotely operate the opening and closing of the CSX 
Railroad Bridge across Anacostia River in Washington, DC, from the 
Benning Yard office, one mile away. CSX has installed motion sensors, 
laser scanners and high-resolution video cameras on the bridge to 
enhance the remote operator's ability to monitor and control the 
equipment. The Benning Yard office is also equipped with an amplified 
open-mike from the bridge to enable the remote operator to hear boat 
horns that may signal for an opening. CSX has also installed additional 
safety warning lights to the bridge for the remote operation. All 
aspects of the current drawbridge operating regulations will remain the 
same.
    This change is being requested to save operational costs by 
eliminating the bridge tenders, maintain the bridge's current level of 
operating capabilities and continue providing for the reasonable needs 
of rail transportation and vessel navigation.

Discussion of Proposed Rule

    The Coast Guard proposes to revise 33 CFR 117.253 by amending 
paragraph (b), which governs the CSX Railroad Bridge, at mile 3.4, 
across Anacostia River in Washington, DC.
    Paragraph (b) would contain the proposed rule for CSX Railroad 
Bridge, mile 3.4, at Washington DC. The rule would allow the draw of 
the bridge to be operated by the controller at the Benning Yard office.
    In the event of failure or obstruction of the motion sensors, laser 
scanners, video cameras or marine-radio communications, the CSX 
Railroad Bridge would not be operated from the remote location. In 
these situations, a bridge tender must be called and on-site within 30 
minutes to operate the bridge.
    When rail traffic has cleared, a horn will sound one prolonged 
blast followed by one short blast to indicate that the CSX Railroad 
Bridge is moving to the full open position to vessels. During open span 
movement, the channel traffic lights will flash red, until the bridge 
is in the full open position to vessels. In the full open position to 
vessels, the bridge channel traffic lights will flash green. Except as 
provided in 33 CFR 117.31(b), the opening of the draw to vessels will 
not exceed ten minutes after rail traffic has cleared the bridge.
    During closing span movement, the channel traffic lights will flash 
red, the horn will sound five short blasts, and an audio voice-warning 
device will announce bridge movement. Five short blasts of the horn 
will continue until the bridge is seated and locked down. When the 
bridge is seated and locked down to vessels, the channel traffic lights 
will continue to flash red.
    The provision requiring signs containing a 24-hour emergency number 
under 33 CFR 117.253(b)(3) would be removed to be consistent with the 
general operating regulations under 33 CFR 117.55. This provision 
delineated in 33 CFR 117.55 requires owners of each drawbridge to 
display informational signs. Prior to approval, these signs are 
reviewed by the Coast Guard to insure all pertinent information is 
included.
    The proposed rule would also change the name of the bridge from 
``CONRAIL'' to ``CSX Railroad''. The name change will accurately 
reflect the name of this bridge.

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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. We reached this conclusion based 
on the fact that the proposed changes have only a minimal impact on 
maritime traffic transiting the bridge. Although the CSX Railroad 
Bridge will be operated from a remote location, mariners can continue 
their transits because all aspects of the current operating regulations 
remain essentially the same.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities for the following reasons. The 
rule allows the CSX Railroad Bridge to operate remotely and mariners 
will continue to plan their transits in accordance with the existing 
bridge operating regulations.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
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 Waverly W. 
Gregory, Jr., Bridge Administrator, Fifth Coast Guard District, (757) 
398-6222.

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).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise

[[Page 27874]]

have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to security that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation because it has been determined that the 
promulgation of operating regulations for drawbridges are categorically 
excluded.

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:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.
    2. Revise paragraph (b) of Sec.  117.253 to read as follows:


Sec.  117.253  Anacostia River.

* * * * *
    (b) The CSX Railroad Bridge, mile 3.4.
    (1) The draw of the bridge to be operated by the controller at the 
Benning Yard office shall open on signal:
    (i) At all times for public vessels of the United States, state and 
local government vessels, commercial vessels, and any vessels in an 
emergency involving danger to life or property.
    (ii) Between 9 a.m. and 12 p.m., 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 controller at the Benning Yard office not 
later than 6 p.m. on the day for which the opening is requested.
    (iv) At all other times, if at least eight hours notice is given to 
the controller at the Benning Yard office.
    (2) The CSX Railroad Bridge shall not be operated by the controller 
at the Benning Yard office in the event of failure or obstruction of 
the motion sensors, laser scanners, video cameras or marine-radio 
communications. In these situations, a bridge tender must be called to 
operate the bridge on-site.
    (3) Except as provided in Sec.  117.31(b), opening of the draw 
shall not exceed ten minutes after clearance of rail traffic.
    (4) A horn will sound one prolonged blast followed by one short 
blast to indicate that the CSX Railroad Bridge is moving to the full 
open position for vessel traffic. During open span movement, the 
channel traffic lights will flash red until the bridge is in the full 
open position to vessels. In the full open position to vessels, the 
bridge channel traffic lights will flash green.
    (5) A horn will sound five short blasts, the channel traffic lights 
will flash red, and an audio voice-warning device will announce bridge 
movement during closing span movement. Five short blasts of the horn 
will continue until the bridge is seated in and locked down. When the 
bridge is seated and in locked down position to vessels, the channel 
traffic lights will continue to flash red.
    (6) The owners of the bridge shall provide and keep in good legible 
condition two board gauges painted white with black figures not less 
than six inches high to indicate the vertical clearance under the 
closed draw at all stages of the tide. The gauges 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: May 6, 2004.
Ben R. Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 04-11149 Filed 5-14-04; 8:45 am]
BILLING CODE 4910-15-P