Drawbridge Operation Regulations; Anacostia River, Washington, DC

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGDO5-95-081]

RIN 2115-AE47

Drawbridge Operation Regulations; Anacostia River, Washington, DC

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the Consolidated Rail Corporation (CONRAIL),

the Coast Guard is changing the regulations that govern the operation

of the railroad bridge across the Anacostia River, mile 3.4 at

Washington, DC, by extending the winter seasonal restrictions and

reducing the hours of operation during the boating season. This rule is

intended to relieve the bridge owner of the burden of having a

bridgetender staff the bridge during periods of non-use, while still

providing for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective on December 9, 1996.

FOR FURTHER INFORMATION CONTACT:

Ann B. Deaton, Bridge Administrator, U.S. Coast Guard Atlantic Area,

at (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

On January 10, 1996, the Coast Guard published a Notice of Proposed

Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations;

Anacostia River, Washington, DC'' in the Federal Register (61 FR 709).

The comment period ended April 9, 1996. Four comments were received. A

public hearing was not requested and one was not held.

Background and Purpose

The CONRAIL drawbridge crosses the Anacostia River at mile 3.4. The

proposed changes were requested by CONRAIL to extend the Winter

seasonal restrictions, and reduce the hours of operation during the

boating season. This will relieve the bridge owner of the burden of

having a bridgetender staff the bridge during periods of non-use.

Discussion of Comments and Changes

Current 33 CFR 117.253(b) requires the draw of the CONRAIL bridge

to open on signal: At any time for public vessels, State and local

government vessels, commercial vessels, and any vessels in an emergency

involving danger to life or property year round; on Saturdays, Sundays

and Federal holidays from April 1 through September 30 for recreational

boats; and on Weekdays other than Federal holidays between the hours of

7 a.m. and 11 p.m. from April 1 through September 30 for recreational

boats. It must open at all other times for recreational boats if at

least eight hours notice is given. Under the proposed changes to

Sec. 117.253(b) in the NPRM, the bridge would be required to continue

to open on signal year round for public vessels, State and local

government vessels, commercial vessels, and any vessels in an emergency

involving danger to life or property. However, it would not be required

to open on signal for recreational vessels except between the hours of

9 a.m. and 12 noon and 1 p.m. and 6 p.m. from May 15 to September 30.

It would also be required to open between 6 p.m. and 7 p.m. from May 15

to September 30 is notice is given to the bridge tender not later than

6 p.m. on the day on which the opening is requested.

Four comments were received. A letter from a group of Anacostia

River bridge tenders claimed that the volume of traffic would increase

as a result of proposed development upriver from the bridge. According

to the comment, the State of Maryland recently purchased an upriver

marina and has begun renovations to attract additional boating traffic.

It also claimed that the data on which CONRAIL based its request was

invalid. It asked the Coast Guard to delay any changes in the bridge

operating schedule until after the 1996 boating season. A second letter

from a transportation workers union asked the Coast Guard to deny the

requested change. It also claimed that planned development by the State

of Maryland would increase boating traffic and that the request was

based on invalid data. A letter from a conservation group opposed the

proposed changes due to concerns that they would restrict access by

emergency response vessels and would have a negative impact on

recreational boating. A letter from D.C. Fireboats expressed concern

that the proposed changes would restrict access by emergency response

vessels during periods of unexpected high water which would require a

bridge opening for their boats. It did not oppose the proposed

[[Page 57586]]

changes, but asked that procedures should be in place to allow the

bridge to be opened on short notice.

Copies of the comments were provided to CONRAIL. In its letter of

May 6, 1996, a copy of which is in the public docket for this

rulemaking, CONRAIL responded to the comments. It contended that the

impact of upriver development was speculative, and noted that the State

of Maryland did not comment on the proposed changes. It noted that

historic data for 1993 and 1994 showed infrequent bridge openings and

that under the proposed changes the bridge would continue to be manned

and open on demand during periods of most frequent use. It agreed that

arrangements are needed to open the bridge for emergency response

vessels on short notice, and they will be required to post a sign

providing a 24-hour emergency point of contact. CONRAIL advised the

Coast Guard that once a request for an emergency opening is received

during periods the bridge is unmanned, an opening will occur within 30

minutes of that request. D.C. Fireboats expressed to the Coast Guard

that this arrangement is acceptable to them and relieves their

concerns.

The Coast Guard believes that the historic data indicates that

adoption of the proposed changes will continue to meet the reasonable

needs of navigation. The schedule may be further revised as needed to

respond to changes in traffic volume. The Coast Guard agrees that

timely bridge openings for emergency response vessels must be ensured,

and this rulemaking does not change that requirement. To ensure a rapid

response, the Coast Guard has added a requirement that CONRAIL post a

sign on the bridge providing a 24-hour emergency point of contact to

arrange for bridge openings on short notice when the bridge is

unmanned.

Regulatory Evaluation

This 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.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this 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). Because it expects the impact of this

rule to be minimal, 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 requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule under the principles and

criteria contained in Executive Order 12612, and it has determined that

this rule will not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that under section 2.B.2.e.(32)(e) of Commandant

Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this

rule is categorically excluded from further environmental

documentation. A Categorical Exclusion Determination statement has been

prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

In consideration of the foregoing, the Coast Guard is amending Part

117 of Title 33, Code of Federal Regulations to read 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; 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. In Sec. 117.253, paragraphs (b)(1)(ii) and (iii) are revised,

and paragraph (b)(3) is added to read as follows:

Sec. 117.253 Anacostia River.

* * * * *

(b) * * *

(1) * * *

(i) * * *

(ii) Between 9 a.m. and 12 noon 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 bridgetender not later than 6 p.m. on the day

for which the opening is requested.

* * * * *

(2) * * *

(3) The owners of the bridge shall provide and keep in good legible

condition signs providing a 24-hour emergency telephone number which

may be called to arrange for bridge openings. The signs shall be

painted in contrasting colors with letters and numbers not less than

six inches high. The signs 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: October 18, 1996.

Kent H. Williams,

Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.

[FR Doc. 96-28651 Filed 11-6-96; 8:45 am]

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