[Federal Register Volume 60, Number 211 (Wednesday, November 1, 1995)]
[Proposed Rules]
[Pages 55515-55516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27106]



-----------------------------------------------------------------------


DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD13-95-011]


Drawbridge Operation Regulations; Hood Canal, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: At the request of the Washington State Department of 
Transportation (WSDOT), the Coast Guard is considering an amendment to 
the regulations governing the operation of the Hood Canal Bridge at 
Port Gamble, Washington. The proposed change would limit the width of 
the opening of the retractable span of the floating bridge to 300 feet 
of horizontal clearance unless a maximum horizontal clearance of 600 
feet is specifically requested by the vessel operator.

DATES: Comments must be received on or before January 2, 1996.

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 federal 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, (Telephone: (206) 220-7270).

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD13-95-011) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public 

[[Page 55516]]
hearing by writing to the Commander, Thirteenth Coast Guard District at 
the address under ADDRESSES. The request should include the reasons why 
a hearing would be beneficial. If it determines that the opportunity 
for oral presentations will aid this rulemaking, the Coast Guard will 
hold a public hearing at a time and place announced by a later notice 
in the Federal Register.

Drafting Information

    The drafters of this notice are Austin Pratt, Project Officer, and 
Lieutenant Commander John C. Odell, Project Attorney, Thirteenth Coast 
Guard District Legal Office.

Background and Purpose

    Current regulations at 33 CFR 117.5 state that, unless otherwise 
required, drawbridges shall be fully opened for the passage of vessels. 
The proposed change would allow the floating retractable span of the 
Hood Canal Bridge to open halfway (300 feet) for the passage of most 
vessels instead of the maximum (600 feet). The drawspan of the Hood 
Canal is extremely wide compared to the majority of drawbridges. Unlike 
many other drawbridges, no part of the draw mechanism is suspended 
above the channel when opened. Opening only to 300 feet would reduce 
delays to roadway traffic and would reduce energy consumption and 
maintenance costs. A full opening and closure without counting vessel 
transit time takes at least fifteen minutes. This is two or three times 
as long as the operation of many other drawbridges. WSDOT has observed 
that only one or two openings out of an average of about 32 openings 
per month are for vessels that need the span fully opened to pass 
safely. The remaining vessels can pass safely through a horizontal 
opening of only 300 feet. In practice, many vessels routinely pass 
through the bridge before the retractable span has been fully opened.

Discussion of Proposed Rule

    The proposed rule would amend paragraph (a) of 33 CFR 117.1045 to 
state that the draw shall be opened horizontally for 300 feet unless 
the maximum opening of 600 feet is requested. It would not remove the 
one hour notice requirement nor any other aspect of the existing 
regulations.

Regulatory Evaluation

    This proposed 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 
proposed 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 most vessels 
only need a 300-foot opening and that vessels needing a 600-foot 
opening will be able to obtain one merely by requesting it from the 
bridgetender on duty.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
effect on a substantial number of small entities. ``Small entities'' 
include independently owned and operated small businesses that are not 
dominant in their field and that otherwise qualify as ``small business 
concerns'' under section 3 of the Small Business Act (15 U.S.C. 632). 
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if 
adopted, 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 et seq.).

Federalism

    The Coast Guard has analyzed this proposal under 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.

Environment

    The Coast Guard considered the environmental impact of this 
proposal 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.

List of Subjects in 33 CFR Part 117

    Bridges.

Proposed Regulations

    For the reasons set out in the preamble, 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); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Paragraph (a) of Sec. 117.1045 is revised to read as follows:


Sec. 117.1045  Hood Canal.

* * * * *
    (a) The draw shall open on signal if at least one hour's notice is 
given. The draw shall be opened horizontally for 300 feet unless the 
maximum opening of 600 feet is requested.
* * * * *
    Dated: October 17, 1995.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 95-27106 Filed 10-31-95; 8:45 am]
BILLING CODE 4910-14-M