[Federal Register Volume 61, Number 163 (Wednesday, August 21, 1996)]
[Rules and Regulations]
[Page 43158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21087]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD13-96-002]
RIN 2115-AE47
Drawbridge Operation Regulations; Ebey Slough, Marysville WA
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily amending the regulations
governing the operation of the twin State Route 529 drawbridges across
Ebey Slough, mile 1.6, at Marysville, Washington. The temporary
regulations will permit the swingspan to remain closed for several
months so that the mechanical and electrical systems of the bridge can
be overhauled. The closed period is February 1, 1997 to June 1, 1997.
EFFECTIVE DATES: This rule is effective from February 1, 1997, to June
1, 1997.
ADDRESSES: Unless otherwise noted, documents referred to in this
preamble are 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.
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:
Regulatory History
On February 21, 1996, the Coast Guard published a notice of
proposed rulemaking entitled Drawbridge Operation Regulations; Ebey
Slough, Marysville, WA, in the Federal Register (61 FR 6589). No
comments were received in response to this notice.
Background and Purpose
At the request of the Washington State Department of
Transportation, the Coast Guard is temporarily amending the regulations
governing the operation of the State Route 529 drawbridge across Ebey
Slough, Washington. Currently, this bridge is required to open for the
passage of vessels if one hour notice is provided. The temporary
regulations will 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 will automatically be restored as soon as the temporary
regulations expire on June 1, 1997.
Discussion of Comments and Changes
The Coast Guard did not receive any comments to the notice of
proposed rulemaking and the rule is being adopted as proposed.
Regulatory Evaluation
This 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
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
For the reasons stated in Regulatory Evaluation above, 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) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this
action will not have a significant impact on a substantial number of
small entities. The impact on small entities is expected to be minimal
because of the minimal use of the waterway and the alternate route
through Steamboat Slough.
Collection of Information
This action contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the action does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard has considered the environmental impact of this
action 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
where indicated under ADDRESSES.
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); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Effective February 1, 1997, to June 1, 1997, paragraph (h) of
Sec. 117.1059 is temporarily 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, until June 1, 1997.
Dated: June 26, 1996.
J. David Spade,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 96-21087 Filed 8-20-96; 8:45 am]
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