[Federal Register Volume 60, Number 247 (Tuesday, December 26, 1995)]
[Proposed Rules]
[Pages 66776-66777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31216]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD13-95-051]
RIN 2115-AE47


Drawbridge Operation Regulations; Chehalis River, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Washington Department of Transportation, 
the Coast Guard is considering an amendment to the regulations 
governing the operation of the Union Pacific railroad drawbridge and 
the U.S. Route 101 bridge over the Chehalis River at Aberdeen, 
Washington. The proposed rule would remove the portion of the existing 
regulations pertaining to the Union Pacific railroad drawbridge because 
that bridge is no longer in operation and will be removed. The proposed 
rule would also require one hour notice at all times for opening the 
drawspan of the U.S. Route 101 bridge for the passage of vessels. 
Finally, the proposed rule would change the special sound signal for 
requesting openings of the U.S. Route 101 bridge to the standard signal 
of one prolonged blast followed by one short blast.

DATES: Comments must be received on or before February 26, 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 (CGD13-95-051) 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 acknowledgement 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 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 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, 
Thirteenth Coast Guard District Aids to Navigation and Waterfront 
Management Branch and Lieutenant Commander John C. Odell, Project 
Attorney, Thirteenth Coast Guard District Legal Office.

Background and Purpose

    At the request of the Washington Department of Transportation, the 
Coast Guard is considering an amendment to the regulations governing 
the operation of the Union Pacific railroad drawbridge and the U.S. 
Route 101 bridge over the Chehalis River at Aberdeen, Washington.
    The proposed rule would remove the portion of the existing 
regulations pertaining to the Union Pacific railroad drawbridge because 
that bridge is no longer in operation and will be removed.
    The proposed rule would also amend the current regulations 
pertaining to the U.S. Route 101 bridge to require one hour notice at 
all times when requesting an opening drawspan for the passage of a 
vessel.
    Current regulations require the drawspan of the U.S. Route 101 
bridge to be opened on signal from one hour before sunrise to one hour 
after sunset. The Washington State Department of Transportation 
operates four other drawbridges across the nearby Hoquiam and Wishkah 
Rivers. These other bridges are presently operated on a one-hour notice 
basis. In recent years, requests for openings at these bridges have 
decreased. If the proposed one hour notice for the U.S. Route 101 
bridge over the Chehalis River at Aberdeen, Washington, were adopted in 
conformity with the regulations governing the other bridges in the 
area, the Washington Department of Transportation would be able to 
serve all five drawbridges with a single operator.
    The U.S. Route 101 bridge over the Chehalis River at Aberdeen, 
Washington, opened 359 times for vessel transits in the year measured 
from October 1993 to October 1994. This average somewhat less than one 
opening per day. The number of openings for the nearby drawbridges on 
the Wishkah and Hoquiam Rivers averaged 0.23 per day for the same year. 
These figures indicate that a single operator, provided with one hour 
notice, could operate all five of these bridges without unreasonable 
delay.
    Under the proposed rule, the weekday closed periods for 
accommodating commuter traffic on the roadway would remain unchanged, 
as would the exception for vessels of 5000 gross tons or more. Under 
the proposed rule, however, vessels of 5000 gross tons or more would be 
required to provided the proposed one hour notice when requesting an 
opening during the weekday closed periods.
    Finally, under the proposed rule the special sound signal 
prescribed for requesting an opening at the U.S. Route 101 bridge would 
also be deleted in order to conform to the standard signal of one 
prolonged blast followed by one short blast as generally required by 33 
CFR 117.15. A unique sound signal is no longer needed because the 
adjacent Union Pacific railroad drawbridge immediately downstream of 
the U.S. 

[[Page 66777]]
Route 101 bridge is no longer in operation and will be removed.

Discussion of Proposed Rule

    The proposed rule would amend 33 CFR 117.1031 by removing paragraph 
(a) which pertains to the Union Pacific railroad drawbridge. The 
proposed rule would also remove the designation ``(b)'' from paragraph 
(b) pertaining to the U.S. Route 101 bridge and amend that paragraph to 
state that the draw shall be opened on signal if at least one hour 
notice is provided. No special sound signal other than the standard 
signal prescribed by Sec. 117.15 would be required for requesting an 
opening of the U.S. Route 101 bridge. Retained would be the provision 
that the draw of the U.S. Route 101 bridge need not open for vessels of 
less than 5,000 gross tons from 7:15 a.m. to 8:15 a.m. and from 4:15 
p.m. to 5:15 p.m. on weekdays, except for Federal holidays.

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 vessel 
operators would not be unreasonably impeded or incur additional expense 
by a requirement to provide one hour notice for draw openings.

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 seciton 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 sufificent 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. Section 117.1031 is revised to read as follows:


Sec. 117.1031  Chehalis River.

    The draw of the U.S. Route 101 highway bridge, mile 0.1, at 
Aberdeen, Washington, shall open on signal if at least one hour notice 
is given to the Washington Department of Transportation by marine 
radio, telephone, or other suitable means, except that the draw need 
not open for vessels of less than 5,000 gross tons from 7:15 a.m. to 
8:15 a.m. and from 4:15 p.m. to 5:15 p.m., Monday through Friday, 
except Federal holidays.

    Dated: December 15, 1995.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 95-31216 Filed 12-22-95; 8:45 am]
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