[Federal Register Volume 59, Number 145 (Friday, July 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18550]


[[Page Unknown]]

[Federal Register: July 29, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD13-94-020]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Snohomish River, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with request for comments.

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SUMMARY: At the request of the Washington State Department of 
Transportation (WSDOT), the Coast Guard is authorizing the temporary 
closure of the vertical lift span of the State Route 2 Bridge across 
the Snohomish River, mile 6.9, at Everett, Washington. The purpose of 
the temporary closure is to accommodate refurbishment of the drawspan. 
The temporary regulations would be in effect from August 8, 1994, 
through April 8, 1995. Since the bridge has opened only once in the 
past two years for the passage of vessels, this temporary action should 
provide for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective from August 8, 1994 to April 8, 
1995.

ADDRESSES: Interested persons are invited to respond to this 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 opposition to this 
temporary final rule. Persons desiring acknowledgment that their 
comments were received should enclose a stamped, self-addressed 
postcard or envelope. 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. 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: In accordance with 5 U.S.C. 553, a notice of 
proposed rulemaking was not published for this regulation and good 
cause exists for making it effective in less than 30 days after Federal 
Register publication. Publishing an NPRM and delaying its effective 
date would be contrary to the public interest since immediate action is 
needed to restore the drawbridge to good operating condition. Upon 
request of WADOT, the Coast Guard first considered amending the bridge 
permit to allow the bridge to be converted to a permanent fixed 
position. Comments were solicited for that permit. Three commenters 
opposed closing the bridge permanently because of the need for future 
use of the waterway. Because of these comments, the Coast Guard denied 
the amended permit application. Consequently, WADOT has requested to 
temporarily close the bridge in order to make the necessary repairs by 
April 1995.

Drafting Information

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

Discussion of Regulations

    The temporary regulation would enable the bridge owner to 
completely remove the old electrical system and install a new one. Two 
drive motors and two synchronizing motors for the lift span will be 
replaced. The brake systems of the span will also be refurbished. This 
machinery is old and will require special refurbishment to restore it 
to good condition.
    The bridge owner also applied to the Coast Guard for an amendment 
to its bridge permit for the subject structure. The Coast Guard denied 
approval for this amendment. If granted, the amendment would have 
allowed the state to convert the vertical lift bridge to a fixed bridge 
by removing the machinery permanently from the structure. Three 
entities objected to the proposed permanent conversion of the 
drawbridge to a fixed bridge. A towing company maintains some of its 
log moorages above the bridge with pile-drivers. Infrequent but 
surviving need to access the river above the bridge by pile-driving 
equipment dictated a denial of this permit amendment request. Moreover, 
the Port and the City of Everett are both upstream property owners who 
objected to the permanent closure of the vertical lift span based upon 
future development of their waterfront acreage. Discussions with all 
three entities disclosed that their needs are long range and would not 
be harmed by a long maintenance closure as long as it is conducted 
soon. In the interest of accommodating the repair and maintenance of 
the drawbridge to serve navigation, the Coast Guard is authorizing a 
closure without prior notice of proposed rulemaking. Comments from 
waterway interests have in effect already been received via public 
notice for the proposed permanent closure of the bridge.
    In recent years the drawbridge has seldom opened for the passage of 
vessels. The records of the drawtender show that the span has been 
lifted for the passage of a vessel only once in the period from January 
1992 through January 1994. This indicates a decline in the use of this 
reach of the Snohomish River by vessels that cannot pass the bridge in 
its closed position. Recent discussions with waterway users have 
indicated that current and projected use (requiring drawspan openings) 
will be mostly floating pile-drivers and other construction equipment. 
The infrequent transits of this sort of commercial navigation is not 
likely to suffer during the closed period which this temporary final 
rule imposes.
    The existing operating regulations for this bridge require a four 
hour notice for opening to vessels. During freshets, a draw-tender is 
required to be in constant attendance so that the drawspan may be 
opened on signal. These requirements will be restored to force when 
this temporary final rule expires.

Regulatory Evaluation

    This action is not a significant regulatory action under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs 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 
action to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. The drawspan has been opened very infrequently in recent 
years for the passage of vessels. This low level of activity is 
expected to remain fairly consistent.

Federalism Assessment

    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.

Environmental Assessment

    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 Section 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 docket.

List of Subjects in 33 CFR Part 117

    Bridges.

    In consideration of the foregoing, Part 117 of Title 33, Code of 
Federal Regulations, is amended as follows:

PART 117--DRAWBRIDGE OPERATING 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 117.1059 is amended by revising paragraph (d) to read as 
follows:


Sec. 117.1059  Snohomish River, Steamboat Slough, and Ebey Slough.

* * * * *
    (d) The draw of the SR2 highway bridge across the Snohomish River, 
mile 6.9, need not open for the passage of vessels from August 8, 1994 
through April 8, 1995.
* * * * *
    Dated: 18 July 1994.
John A. Pierson,
Captain, U.S. Coast Guard, Commander, 13th Coast Guard District, 
Acting.
[FR Doc. 94-18550 Filed 7-28-94; 8:45 am]
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