
[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Rules and Regulations]
[Pages 14968-14970]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5969]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0591]
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 regulation that governs the 
operation of the CSX Railroad Vertical Lift Bridge across the Anacostia 
River, mile 3.4, at Washington, DC. The change will alter the eight 
hour advance notice requirement for a bridge opening to a 48 hour 
advance notice requirement for a bridge opening. The operating 
regulation change gives more notice for trains and vessels to adjust 
their schedules accordingly to ensure safe and efficient transits 
across and under the bridge.

DATES: This rule is effective April 13, 2012.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2011-0591 and are available online by 
going to http://www.regulations.gov, inserting USCG-2011-0591 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Lindsey Middleton, Coast Guard; telephone 757-398-
6629, email Lindsey.R.Middleton@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 23, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Anacostia River, 
Washington, DC in the Federal Register (76 FR 163). We did not receive 
public comments on the proposed rule. No public meeting was requested, 
and none was held.

Basis and Purpose

    The CSX Railroad Company has requested a change in the operation 
regulation for the CSX Railroad Vertical Lift Bridge, across the 
Anacostia River, mile 3.4, at Washington, DC. The new 48 hour advance 
notice requirement replaces the current eight hour advance notice 
requirement for a bridge opening. This rail-line is used for regular 
passenger service and train transits across this bridge on an average 
of 21 times a day. As a result, it is necessary that ample time be 
given to maintain an accurate schedule for trains and vessels for safe 
and efficient travel across and under the bridge.
    The current operating schedule for the bridge is set out in 33 CFR 
117.253(b)(iv). The regulation was established in August 2004 and 
allows the bridge to be operated from a remote location, the Benning 
Yard office. The draw of the bridge shall open on signal under the 
following circumstances; at all times for public vessels of the United 
States, state and local government vessels, commercial vessels, and any 
vessel in an emergency involving danger to life or property; from May 
15 through September 30, between 9 a.m. and 12 p.m., and between 1 p.m. 
and 6 p.m.; and from May 15 through September 30, between 6 p.m. and 7 
p.m. if notice is given before 6 p.m. on the day for which the opening 
is requested. At all other times, the bridge will open on signal if at 
least eight hours of notice is given.
    The vertical clearance of the bridge is 5 feet at Mean High Water 
(MHW) in the closed position and 29 feet MHW in the open position. 
There are on average, 21 train transits across this bridge everyday and 
there have been two bridge openings in the past two years for vessels 
taller than five feet.
    Concurrent with the publication of the NPRM, a test deviation 
[USCG-2011-0591] was issued to allow the CSX Railroad Bridge to test 
the proposed schedule and to obtain data and public comments. The test 
deviation allowed the bridge to open if at least 48 hours of notice is 
given, replacing the eight hour notice requirement. The test deviation 
continues to run until February 21, 2012.
    The Coast Guard has reviewed bridge tender logs from before the 
test deviation and during the first 120 days of the entire 180 day test 
deviation. Before the deviation, the bridge had two bridge openings in 
the last two years for vessels over five feet tall. During the first 
120 days of the 180 day test deviation there were no requests for a 
bridge opening.
    The Coast Guard also reviewed the train logs before and during the 
first 120 day period of the entire 180 day test deviation. In both 
cases there was on average 21 train transits across this bridge daily.

Discussion of Comments and Changes

    No comments were received on the proposed rule or the test 
deviation and no changes were made to the proposed rule.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

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

[[Page 14969]]

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.
    The rule change is expected to have only a minimal impact on 
maritime traffic transiting under the bridge. The bridge will maintain 
its current operating regulation except that where there is currently 
an eight hour advance notice requirement for a bridge opening there 
will be a 48 hour advance notice requirement. Mariners can plan their 
trips in accordance with the scheduled bridge opening advance notice 
requirement to minimize delay.

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 rule would affect the following entities, some of which might 
be small entities: The owners or operators of vessels needing to 
transit under the bridge between October 1 and May 14 at all times and 
those needing to transit between the hours of 7 p.m. and 9 a.m. and 
from 12 p.m. to 1 p.m. between May 15 and September 30.
    This action will not have a significant impact on a substantial 
number of small entities for the following reasons: The rule adds 
minimal restrictions to the movement of waterway navigation by 
requiring vessels that are not essential public vessels, vessels with 
dangerous emergencies, or vessels transiting under the bridge at 
specified excluded times to give 48 hours of notice when requesting a 
bridge opening. Vessels that can safely transit under the bridge in the 
closed position may do so at any time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM (SNPRM) 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.

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 (adjusted for 
inflation) 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 cause 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. 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 analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

[[Page 14970]]

List of Subjects in 33 CFR Part 117

     Bridges.

    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; Department of Homeland 
Security Delegation No. 0170.1.


0
2. In Sec.  117.253, revise paragraph (b)(1)(iv) to read as follows:


Sec.  117.253  Anacostia River.

* * * * *
    (b) * * *
    (1) * * *
    (iv) At all other times, if at least 48 hours of notice is given to 
the controller at the Benning Yard Office.
* * * * *

    Dated: February 29, 2012.
William D. Lee,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2012-5969 Filed 3-13-12; 8:45 am]
BILLING CODE 9110-04-P


