[Federal Register: December 5, 2005 (Volume 70, Number 232)]
[Proposed Rules]
[Page 72419-72421]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05de05-26]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD13-05-040]
RIN 1625-AA09
Drawbridge Operation Regulations; Wishkah River, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily modify the drawbridge
operation regulations for the Heron Street Bridge across the Wishkah
River, mile 0.2, at Aberdeen, Washington. The proposed temporary change
will enable the bridge owner to delay and plan for openings of the
bridge from February 2006 through March 2007. This will facilitate
major structural and mechanical rehabilitation of the bridge.
DATES: Comments and related material must reach the Coast Guard on or
before February 3, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpw), 13th Coast Guard District, 915 Second Avenue, Seattle, WA 98174-
1067 where the public docket for this rulemaking is maintained.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the Waterways Management Branch between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief, Bridge Section,
(206) 220-7282.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD13-05-
040], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Aids to Navigation and
Waterways Management Branch at the address under ADDRESSES explaining
why one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
The proposed temporary rule would enable the Washington State
Department of Transportation (WSDOT), the owner of the bridge, to
rehabilitate the structure and manage interruptions to this
refurbishment caused by draw openings. The 48-hour notice requirement
proposed as a temporary requirement would enable the work to proceed
while still providing operational capability. The work includes
mechanical and electrical improvements, seismic retrofit, debris
containment, replacement of all navigation lights and hydraulic locks
for the swing span. This work will be done between February, 2006 and
April, 2007. The replacement of the center bearing will require the
bridge to be closed for 14 calendar days and will be authorized via a
separate rulemaking. This portion of the project will require jacking
the span in place to replace the pivot bearing, thereby immobilizing
the draw.
[[Page 72420]]
The Heron Street Bridge in the closed position provides 13 feet of
vertical clearance above high water and 23 feet above the lowest tide
level. Drawbridge openings are not frequent at this location, mostly
for recreational and commercial fishing vessels, rarely for sailboats.
From March 7, 2004, to August 10, 2005, the draw opened for vessels
41 times with most of these openings for single vessels. For the 12
months from March 2004 to March 2005 the draw opened 28 times for an
average of little better than twice a month.
Discussion of Proposed Rule
The operating regulations currently in effect for the Heron Street
Drawbridge are found at 33 CFR 117.1065. The regulations require at
least one hour notice at all times for draw openings.
One-hour notice is insufficient time for WSDOT and its contractors
to restore the bridge to operational condition and to clear equipment
from moving parts as needed to swing the span open. WSDOT would be able
to restore the bridge to fully operational status within 48 hours. As
most of the few vessels requiring openings appear to be commercial
fishing boats that operate seasonally, the increased notice proposed
would not seem an unreasonable burden to vessel operators.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
With regards to the proposed temporary changes, we reached this
conclusion based on the fact that most vessels will be able to plan
transits at least 48 hours in advance.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Austin Pratt, Chief, Bridge
Section, at (206) 220-7282. The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of Information and Regulatory Affairs has
not designated this as a significant energy action. Therefore, it does
not require a Statement of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency
[[Page 72421]]
provides Congress, through the Office of Management and Budget, with an
explanation of why using these standards would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., specifications of materials,
performance, design, or operation; test methods; sampling procedures;
and related management systems practices) that are developed or adopted
by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this proposed rule is categorically excluded,
under figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation. There are no expected environmental
consequences of the proposed action that would require further analysis
and documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to temporarily amend 33 CFR part 117 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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From February 1, 2006 to April 1, 2007, amend Sec. 117.1065 by
revising paragraph (c) to read as follows:
Sec. 117.1065 Wishkah River.
* * * * *
(c) The draws of the Heron Street Bridge, mile 0.2, shall open on
signal if at least 48 hours notice is provided. The draw of the Wishkah
Street Bridge, mile 0.4, shall open on signal if at least one hour
notice is provided. The opening signal for both bridges is one
prolonged blast followed by two short blasts.
Dated: November 23, 2005.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 05-23637 Filed 12-2-05; 8:45 am]
BILLING CODE 4910-15-P