[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Proposed Rules]
[Pages 6588-6589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3696]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-96-001]


Drawbridge Operation Regulations; Snohomish River, Everett, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily amend the regulations 
governing the operation of the twin State Route 529 drawbridge across 
the Snohomish River, mile 3.6, at Everett, Washington. The proposed 
temporary regulations would permit the drawspans to remain closed for 
several months so that the mechanical and electrical systems of the 
twin bridges can be overhauled. The proposed closed period is October 
1, 1996, to January 31, 1997.

DATES: Comments must be received on or before April 29, 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 (CGD13-96-001) 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 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, 
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 State Department of 
Transportation, the Coast Guard is considering a temporary amendment to 
the regulations governing the operation of the twin State Route 529 
drawbridges across the Snohomish River at Everett, Washington. 
Currently, these bridges are required to open for the passage of 
vessels if one hour notice is provided. The proposed temporary 
regulations would permit the drawspans to remain closed for several 
months so that the mechanical and electrical systems of the twin 
bridges can be overhauled. The existing drawbridge operation 
regulations currently in effect would automatically be restored as soon 
as the proposed temporary regulations expire.

Discussion of Proposed Rule

    The proposed rule would amend 33 CFR 117.1059 by temporarily 
suspending paragraph (c) and temporarily adding a new paragraph (i) to 
read that the twin State Route 529 drawbridges across the Snohomish 
River at Everett, Washington, need not open for the passage of vessels 
from October 1, 1996, until January 31, 1997. On February 1, 1997, the 
temporary regulation would terminate and paragraph (c) would again be 
in effect.

Regulatory Evaluation

    This proposed temporary 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 the commercial 
users of the waterway can pass under the bridge without an opening 
during low tide conditions.

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 

[[Page 6589]]
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. Effective October 1, 1996 through January 31, 1997, Paragraph 
(c) of 117.1059 is suspended and a new paragraph (i) is added to read 
as follows:


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

* * * * *
    (i) The draws of the twin, SR 529, highway bridges across the 
Snohomish River, mile 3.6, at Everett need not open for the passage of 
vessels from October 1, 1996 through January 31, 1997.

    Dated: February 5, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 96-3696 Filed 2-20-96; 8:45 am]
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