[Federal Register Volume 60, Number 211 (Wednesday, November 1, 1995)]
[Proposed Rules]
[Pages 55515-55516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27106]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD13-95-011]
Drawbridge Operation Regulations; Hood Canal, WA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: At the request of the Washington State Department of
Transportation (WSDOT), the Coast Guard is considering an amendment to
the regulations governing the operation of the Hood Canal Bridge at
Port Gamble, Washington. The proposed change would limit the width of
the opening of the retractable span of the floating bridge to 300 feet
of horizontal clearance unless a maximum horizontal clearance of 600
feet is specifically requested by the vessel operator.
DATES: Comments must be received on or before January 2, 1996.
ADDRESSES: Comments should be mailed to Commander (oan), Thirteenth
Coast Guard District, 915 Second Avenue, Seattle, Washington 98174-
1067. The comments and other materials referenced in this notice will
be available for inspection and copying at 915 Second Avenue, Room
3410, Seattle, Washington. Normal office hours are between 7:45 a.m.
and 4:15 p.m., Monday through Friday, except federal holidays. Comments
may also be hand-delivered to this address.
FOR FURTHER INFORMATION CONTACT:
John E. Mikesell, Chief, Plans and Programs Section, Aids to Navigation
and Waterways Management Branch, (Telephone: (206) 220-7270).
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD13-95-011) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public
[[Page 55516]]
hearing by writing to the Commander, Thirteenth Coast Guard District at
the address under ADDRESSES. The request should include the reasons why
a hearing would be beneficial. If it determines that the opportunity
for oral presentations will aid this rulemaking, the Coast Guard will
hold a public hearing at a time and place announced by a later notice
in the Federal Register.
Drafting Information
The drafters of this notice are Austin Pratt, Project Officer, and
Lieutenant Commander John C. Odell, Project Attorney, Thirteenth Coast
Guard District Legal Office.
Background and Purpose
Current regulations at 33 CFR 117.5 state that, unless otherwise
required, drawbridges shall be fully opened for the passage of vessels.
The proposed change would allow the floating retractable span of the
Hood Canal Bridge to open halfway (300 feet) for the passage of most
vessels instead of the maximum (600 feet). The drawspan of the Hood
Canal is extremely wide compared to the majority of drawbridges. Unlike
many other drawbridges, no part of the draw mechanism is suspended
above the channel when opened. Opening only to 300 feet would reduce
delays to roadway traffic and would reduce energy consumption and
maintenance costs. A full opening and closure without counting vessel
transit time takes at least fifteen minutes. This is two or three times
as long as the operation of many other drawbridges. WSDOT has observed
that only one or two openings out of an average of about 32 openings
per month are for vessels that need the span fully opened to pass
safely. The remaining vessels can pass safely through a horizontal
opening of only 300 feet. In practice, many vessels routinely pass
through the bridge before the retractable span has been fully opened.
Discussion of Proposed Rule
The proposed rule would amend paragraph (a) of 33 CFR 117.1045 to
state that the draw shall be opened horizontally for 300 feet unless
the maximum opening of 600 feet is requested. It would not remove the
one hour notice requirement nor any other aspect of the existing
regulations.
Regulatory Evaluation
This proposed rule is not a significant regulatory action under
3(f) of Executive Order 12866 and does not require an assessment of
potential cost 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
proposed rule to be so minimal that a full regulatory evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This expectation is based on the fact that most vessels
only need a 300-foot opening and that vessels needing a 600-foot
opening will be able to obtain one merely by requesting it from the
bridgetender on duty.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
effect 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).
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if
adopted, will not have a significant impact on a significant number of
small entities.
Collection of Information
This proposal 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 proposal under the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rulemaking does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2. of Commandant
Instruction M16475.B, this proposal is categorically excluded from
further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying.
List of Subjects in 33 CFR Part 117
Bridges.
Proposed Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend part 117 of title 33, Code of Federal Regulations, 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. Paragraph (a) of Sec. 117.1045 is revised to read as follows:
Sec. 117.1045 Hood Canal.
* * * * *
(a) The draw shall open on signal if at least one hour's notice is
given. The draw shall be opened horizontally for 300 feet unless the
maximum opening of 600 feet is requested.
* * * * *
Dated: October 17, 1995.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 95-27106 Filed 10-31-95; 8:45 am]
BILLING CODE 4910-14-M
