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Drawbridge Operation Regulation: Anacostia River, Washington, DC
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 6, 2004 (Volume 69, Number 151)]
[Rules and Regulations]
[Page 47771-47773]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au04-5]
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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
? For the reasons discussed in the preamble, the Coast Guard amends 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 authority of Pub. L. 102-587, 106 Stat. 5039.
[[Page 47773]]
? 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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