[Federal Register Volume 63, Number 43 (Thursday, March 5, 1998)]
[Rules and Regulations]
[Page 10777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5717]
[[Page 10777]]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD 13-98-001]
RIN 2115-AE47
Drawbridge Operations Regulations; Tacoma Harbor, WA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: This amendment removes all operating regulations for the East
11th Street Bridge across the Blair Waterway and changes the operating
regulations for the East 11th Street Bridge across the Hylebos Waterway
in Tacoma Harbor, Tacoma, Washington. The regulations are being amended
because the drawspan on the Blair Waterway has been removed, and
because traffic conditions have changed due to the relocation of
Washington State Route 509 farther inland. The Hylebos drawspan will
open on signal at all times.
DATES: Effective: March 5, 1998.
ADDRESSES: Unless otherwise noted, documents referred to in this
preamble are available for inspection and copying at Commander (oan),
Thirteenth Coast Guard District, 915 Second Avenue, Seattle, Washington
98174-1067. Normal office hours are between 7:45 a.m. and 4:15 p.m.,
Monday through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT:
John E. Mikesell, Chief, Plans and Program Section, Aids to Navigation
and Waterways Management Branch, Telephone (206) 220-7272.
SUPPLEMENTARY INFORMATION:
Regulatory History
The current regulations require both the Blair and Hylebos Waterway
Bridges to open on signal except from 6:30 a.m. to 8:30 a.m. and 3:30
p.m. to 5:30 p.m. the draws need not be opened except for vessels of
1000 gross tons or more, vessels towing such vessels or vessels enroute
to take such vessels in tow. These daily periods applied only to Monday
through Friday, except federal holidays.
Background and Purpose
This change removes all regulations for the East 11th Street bridge
across Blair Waterway because the drawspan was removed in 1997 to
facilitate the safe movement of large vessels in the Blair Waterway.
Good cause exists for proceeding directly to a final rule without
notice and comment and for the final rule to be effective immediately
because the regulations for the operation of the bridge are no longer
necessary as the bridge has been removed.
The operating regulations for the East 11th Street Bridge across
the Hylebos Waterway are removed so that the bridge will operate
according to 33 CFR 117.5, which requires the drawspan to open on
signal for the passage of vessels. The periods during which the bridge
need not open for vessels in order to accommodate the heavy volume of
roadway traffic are no longer necessary. State Route 509, which
formerly coincided with East 11th Street in this part of Tacoma Harbor,
has been relocated farther inland. East 11th Street now bears far less
commuter and commercial traffic.
Good cause exists for proceeding directly to a final rule without
notice and comment and for the final rule to be effective immediately
because the relocation of State Route 509 has alleviated the congestion
on the bridge which necessitated the exception to opening on demand.
The traffic volumes no longer warrant any delay to navigation at the
drawspan. The bridge owner has not needed to use the congested periods
regulations and is amenable to the bridge on signal at all times.
Regulatory Evaluation
This rule is not a significant regulatory action under 3(f) of
Executive Order 1286 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
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 vessels will be facilitate
in their movement by this amendment, while roadway traffic will not be
hindered unreasonable.
Small Entities
The Coast Guard finds that the impact on small entities, if any, is
not substantial. Therefore, the Coast Guard certifies under 5 U.S.C.
605(b) that this action 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. 3501-3520).
Federalism
The Coast Guard has analyzed this action under the principles and
criteria contained in Executive Order 12612, and it has been determined
that the 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 rule
and concluded that, under Section 2.B.2.e. of Commandant Instruction
M16475.B, this rule 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.
Regulations
For the reasons set out in the preamble, the Coast Guard amends
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);
Sec. 117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
Sec. 117.1061 [Amended]
2. Paragraphs (c) and (d) of Sec. 117.1061 are removed.
Dated: February 11, 1998.
J. David Spade,
Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 98-5717 Filed 3-4-98; 8:45 am]
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