[Federal Register Volume 69, Number 151 (Friday, August 6, 2004)]
[Rules and Regulations]
[Pages 47771-47773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18017]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-04-028]
RIN 1625-AA09


Drawbridge Operation Regulation: Anacostia River, Washington, DC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

DATES: This rule is effective September 7, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-04-028 and are available for inspection or 
copying at Commander (obr), 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.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On May 17, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations: Anacostia River, 
Washington, DC'' in the Federal Register (69 FR 27872). We received no 
comments on the proposed rule. No public hearing was requested nor 
held.

Background and Purpose

    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.
    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.
    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.
    This change will save operational costs by eliminating 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 Comments and Changes

    The Coast Guard received no comments on the NPRM for the CSX 
Railroad Bridge and no changes are being made to this final rule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory

[[Page 47772]]

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 (DHS). We reached this conclusion based 
on the fact that this final rule will have minimal impact on maritime 
traffic transiting the bridge. Although the CSX Railroad Bridge will be 
operated from a remote location, mariners can continue to 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 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This final rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
final rule will provide for the CSX Railroad Bridge to operate remotely 
and mariners will continue to plan their transits in accordance with 
the existing bridge operating regulations.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. In our 
notice of proposed rulemaking, we provided a point of contact to small 
entities who could answer questions concerning proposed provisions or 
option for compliance.

Collection of Information

    This rule calls 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This 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 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 safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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. The Administrator of the Office of Information and Regulatory 
Affairs has not designated it as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies. This rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. The final rule only involves the operation 
of an existing drawbridge and will not have any impact on the 
environment. A ``Categorical Exclusion Determination'' is available in 
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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 authority of Pub. L. 102-587, 106 Stat. 5039.

[[Page 47773]]


0
2. Amend Sec.  117.253 by revising paragraph (b) 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: July 26, 2004.
Sally Brice O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-18017 Filed 8-5-04; 8:45 am]
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