[Federal Register: April 20, 1998 (Volume 63, Number 75)] [Rules and Regulations] [Page 19406-19407] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr20ap98-21] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 117 [CGD05-98-017] RIN 2115-AE47 Drawbridge Operation Regulations; Anacostia River, Washington, DC AGENCY: Coast Guard, DOT. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is temporarily changing the regulations that govern the operation of the Frederick Douglass Memorial (South Capitol Street) bridge across Anacostia River at mile 1.2 in Washington, D.C. Beginning at 8 a.m. on March 11 through 11 p.m. on August 31, 1998, this regulation authorizes the bridge to remain closed to navigation. This action is necessary to facilitate extensive mechanical and electrical rehabilitation and maintain the bridge's operational integrity. DATES: This regulation is effective from April 2, 1998 to 11 p.m. on August 31, 1998. ADDRESSES: Douments as indicated in this preamble are available for inspection or copying at the office of the Commander (Aowb), 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. The telephone number is (757) 398-6222. [[Page 19407]] FOR FURTHER INFORMATION CONTACT: Ann Deaton, Bridge Administrator, Fifth Coast Guard District, (757) 398-6222. SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of proposed rulemaking was not published for this regulation and good cause exists for making it effective in less than 30 days from the date of publication. Publication of a notice of proposed rulemaking and delay of effective dated would be contrary to the public interest because immediate action is necessary to address the bridge's present inability to open safely. Discussion of Regulation The current regulation at 33 CFR 117.253(a) requires the draw to open on a signal if at least 24 hours notice is given. The draw is closed to the passage of vessels on each Presidential Inauguration Day and may occasionally be closed without advance notice to permit uninterrupted transit of dignitaries across the bridge. Necessary repairs consist of the mechanical and electrical rehabilitation of the swing span and modification and renovation of the bridge. Two sets of span drive motors are required to rotate the bridge's swing span for the passage of marine traffic. The work will involve removing and rehabilitating one set of motors at a time, requiring the swing span to be locked in the closed position for a period of approximately five and one-half months. The Coast Guard reviewed the bridge logs for 1997. According to the logs, the bridge opened 21 times: 16 times for public vessels of the United States (10 for the U.S. Navy; 4 for the Environmental Protection Agency (EPA); and 2 for the U.S. Coast Guard) and the remainder for tests. The U.S. Navy indicated that it will not require an opening until September 1998. The Coast Guard contacted EPA's Office of Water Programs and the local Coast Guard unit (USCG Station St. Inigoes) of the bridge's temporary inability to open for vessels, and they did not object. Vessels docked at a nearby marina can clear the bridge's closed-position vertical clearance, which is 42 feet at mean high water. Therefore, vessels are not expected to be negatively impacted by this regulation. 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. Due to the small number of requests for openings and the ability of nearby vessels to clear the bridge's closed-position vertical clearance, the impact on routine navigation is expected to be minimal. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast Guard must consider whether this temporary 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). Based on the limited requests for vessel openings and the ability of nearby vessels to clear the bridge's closed-position vertical clearance, 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 requirement under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism The Coast Guard has analyzed this rule under the principles and criteria contained in Executive Order 12612 and has determined that this rule does not have sufficient federalism implications to warrant preparation of a Federalism Assessment. Environment The Coast Guard considered the environmental impact of this rule and concluded that under section 2.B.2.b and item (32)(e) of Figure 2-1 of Commandant Instruction M16475.1C dated 14 November 1997 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 For the reasons discussed in the preamble, the Coast Guard amends 33 CFR Part 117 as follows: PART 117--[AMENDED] 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. Effective April 2, 1998, through August 31, 1998, Section 117.253 is amended by suspending paragraph (a) and adding a new paragraph (c) to read as follows: Sec. 117.253 Anacostia River. * * * * * (c) From April 2, 1998 until 11 p.m. on August 31, 1998, the draw of the Frederick Douglass Memorial (South Capitol Street) bridge need not be opened for the passage of vessels. Dated: April 2, 1998. Roger T. Rufe, Jr., Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 98-10307 Filed 4-17-98; 8:45 am] BILLING CODE 4910-15-M