[Federal Register Volume 59, Number 27 (Wednesday, February 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3003]


[[Page Unknown]]

[Federal Register: February 9, 1994]


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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 117

[CGD13-93-036]

 

Drawbridge Operation Regulations; South Fork of the Willapa 
River, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Washington State Parks and Recreation 
Commission, the Coast Guard is considering an amendment to the 
regulations governing the operation of the swing span bridge near the 
mouth of the South Fork of the Willapa River, mile 0.3, at Raymond, 
Washington. The proposed regulations would enable the owners to 
maintain the bridge in the closed position for trail use with the 
provision that they restore the drawbridge machinery to operating 
condition upon a six month notice from the District Commander. This 
structure was formerly owned by the Burlington Northern Railroad 
Company, which is abandoning the rail corridor of which this bridge is 
a part. The Parks and Recreation Commission has acquired ownership of 
this structure as part of the trail system plan which incorporates the 
abandoned line. Presently, the operating regulations require 24 hours 
notice for opening the bridge for the passage of a vessel. In recent 
years the swing span has been maintained in the open position, except 
for train passage.

DATES: Comments must be received on or before April 11, 1994.

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 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, (206) 220-7270.

SUPPLEMENTARY INFORMATION: Interested persons are invited to 
participate in this proposed rulemaking by submitting written views, 
comments, data, or arguments. Persons submitting comments should 
include their names and addresses, identify the bridge, and give 
reasons for concurrence with, or any recommended changes in, the 
proposal. Persons desiring acknowledgment that their comments have been 
received should enclose a stamped, self-addressed postcard or envelope.
    The Commander, Thirteenth Coast Guard District, will evaluate all 
communications received and determine a course of final action on this 
proposal. The proposed regulations may be changed in light of comments 
received.

Drafting Information

    The drafters of this notice are Austin Pratt, project officer, and 
Lieutenant Laticia Argenti, project attorney.

Discussion of the Proposed Regulations

    The purpose of the proposed regulations is to maintain the bridge 
as part of a planned recreational trail, while still accommodating the 
reasonable needs of navigation. The trail plan is based on an abandoned 
rail line. The Coast Guard must consider the impact to navigation, if 
any, in its evaluation of the proposal. If the impact of this is 
minimal then it would allow the Coast Guard to absolve the new owner of 
the responsibility for keeping bridge operators in regular attendance 
at the bridge. Essentially, this proposed regulation would authorize 
the conversion of the swing span to a fixed bridge until evidence is 
demonstrated to the District Commander that the reasonable needs of 
navigation require the drawbridge to open. Following notice from the 
District Commander, the owner will be granted six months in which to 
restore the drawbridge to full operating condition to provide for 
navigation. At that time the operating regulations will also be 
evaluated.

Federalism Assessment and Certification

    This action has been analyzed in accordance with 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.

Economic Assessment and Certification

    This proposal is not considered a significant regulatory action 
under Executive Order 12866 and is not significant under Department of 
Transportation regulatory policies and procedures (44 FR 11034; 
February 26, 1979).
    The economic impact of this proposal is expected to be so minimal 
that a full regulatory evaluation is unnecessary. Pursuant to the 
Regulatory Flexibility Act (5 U.S.C. 601, et seq.), the Coast Guard 
certifies that the proposed regulations, if adopted, will not have a 
significant impact on a substantial number of small entities.

Environmental Assessment and Certification

    This action has been reviewed by the Coast Guard and has been 
determined to be categorically excluded from further environmental 
documentation under the authority of 40 CFR 1507.3 and in accordance 
with paragraph 2.B.2.g.(5) of the NEPA Implementing Procedures, 
COMDTINST M16475.1B. A copy of the Categorical Exclusion Certification 
is available for review in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Proposed Regulations

    In consideration of the foregoing, 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).

    2. Section 117.1063 is amended by revising paragraph (b) to read as 
follows:


Sec. 117.1063  Willapa River.

    (a) * * *
    (b) The draw of the Washington State Parks and Recreation 
Commission's bridge across the South Fork Willapa River, mile 0.3, at 
Raymond, need not open for the passage of vessels. The draw shall be 
returned to operable condition within six months after notification by 
the District Commander to do so.

    Dated: January 27, 1994.
John A. Pierson,
Captain, U.S. Coast Guard, Acting Commander, 13th Coast Guard District.
[FR Doc. 94-3003 Filed 2-8-94; 8:45 am]
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