[Federal Register: May 17, 2004 (Volume 69, Number 95)]
[Proposed Rules]
[Page 27872-27874]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17my04-21]
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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.
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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]
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