[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Proposed Rules]
[Pages 6589-6590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3697]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD13-96-002]
Drawbridge Operation Regulations; Ebey Slough, Marysville, WA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily amend the regulations
governing the operation of the State Route 529 drawbridge across Ebey
Slough, mile 1.6, at Marysville, Washington. The proposed temporary
regulations would permit the drawspan to remain closed for several
months so that the mechanical and electrical systems of the bridge can
be overhauled. The proposed closed period is February 1, 1997, to June
1, 1997.
DATES: Comments must be received on or before April 22, 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 (CGD13-96-002) 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 State Route 529
drawbridge across Ebey Slough at Marysville, Washington. Currently, the
bridge is required to open for the passage of vessels if one hour
notice is provided. The proposed temporary regulations would permit the
drawspan to remain closed for several months so that the mechanical and
electrical systems of the bridge 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 (h) and temporarily adding a new paragraph (i) to
read that the State Route 529 drawbridge across Ebey Slough at
Marysville, Washington, need not open for the passage of vessels from
February 1, 1997, until June 1, 1997. On June 2, 1997, the temporary
regulation would terminate and paragraph (h) 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
[[Page 6590]]
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 there is very little commercial
use of the waterway and the fact that the upper reaches of Ebey Slough
beyond the State Route 529 drawbridge can be reached by an alternate
route using Steamboat Slough.
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. Effective February 1, 1997 through June 1, 1997 paragraphs (h)
of 117.1059 is suspended and a new paragraph (j) is added to read as
follows:
Sec. 117.1059 Snohomish River, Steamboat Slough, and Ebey Slough.
* * * * *
(j) The draws of the SR 529 highway bridge across Ebey Slough, mile
1.6, at Marysville, need not open for the passage of vessels from
February 1, 1997 through June 1, 1997.
Dated: February 5, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 96-3697 Filed 2-20-96; 8:45 am]
BILLING CODE 4910-14-M
