[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Proposed Rules]
[Pages 6588-6589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3696]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD13-96-001]
Drawbridge Operation Regulations; Snohomish River, Everett, WA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily amend the regulations
governing the operation of the twin State Route 529 drawbridge across
the Snohomish River, mile 3.6, at Everett, Washington. The proposed
temporary regulations would permit the drawspans to remain closed for
several months so that the mechanical and electrical systems of the
twin bridges can be overhauled. The proposed closed period is October
1, 1996, to January 31, 1997.
DATES: Comments must be received on or before April 29, 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 (CGD13-96-001) 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 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,
Thirteenth Coast Guard District Aids to Navigation and Waterfront
Management Branch, and Lieutenant Commander John C. Odell, Project
Attorney, Thirteenth Coast Guard District Legal Office.
Background and Purpose
At the request of the Washington State Department of
Transportation, the Coast Guard is considering a temporary amendment to
the regulations governing the operation of the twin State Route 529
drawbridges across the Snohomish River at Everett, Washington.
Currently, these bridges are required to open for the passage of
vessels if one hour notice is provided. The proposed temporary
regulations would permit the drawspans to remain closed for several
months so that the mechanical and electrical systems of the twin
bridges can be overhauled. The existing drawbridge operation
regulations currently in effect would automatically be restored as soon
as the proposed temporary regulations expire.
Discussion of Proposed Rule
The proposed rule would amend 33 CFR 117.1059 by temporarily
suspending paragraph (c) and temporarily adding a new paragraph (i) to
read that the twin State Route 529 drawbridges across the Snohomish
River at Everett, Washington, need not open for the passage of vessels
from October 1, 1996, until January 31, 1997. On February 1, 1997, the
temporary regulation would terminate and paragraph (c) would again be
in effect.
Regulatory Evaluation
This proposed temporary 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 the commercial
users of the waterway can pass under the bridge without an opening
during low tide conditions.
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
[[Page 6589]]
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. Effective October 1, 1996 through January 31, 1997, Paragraph
(c) of 117.1059 is suspended and a new paragraph (i) is added to read
as follows:
Sec. 117.1059 Snohomish River, Steamboat Slough, and Ebey Slough.
* * * * *
(i) The draws of the twin, SR 529, highway bridges across the
Snohomish River, mile 3.6, at Everett need not open for the passage of
vessels from October 1, 1996 through January 31, 1997.
Dated: February 5, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 96-3696 Filed 2-20-96; 8:45 am]
BILLING CODE 4910-14-M
