[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Proposed Rules]
[Pages 6589-6590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3697]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD13-96-002]


Drawbridge Operation Regulations; Ebey Slough, Marysville, 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 State Route 529 drawbridge across Ebey 
Slough, mile 1.6, at Marysville, Washington. The proposed temporary 
regulations would permit the drawspan to remain closed for several 
months so that the mechanical and electrical systems of the bridge can 
be overhauled. The proposed closed period is February 1, 1997, to June 
1, 1997.

DATES: Comments must be received on or before April 22, 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 (CGD13-96-002) 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 State Route 529 
drawbridge across Ebey Slough at Marysville, Washington. Currently, the 
bridge is required to open for the passage of vessels if one hour 
notice is provided. The proposed temporary regulations would permit the 
drawspan to remain closed for several months so that the mechanical and 
electrical systems of the bridge 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 (h) and temporarily adding a new paragraph (i) to 
read that the State Route 529 drawbridge across Ebey Slough at 
Marysville, Washington, need not open for the passage of vessels from 
February 1, 1997, until June 1, 1997. On June 2, 1997, the temporary 
regulation would terminate and paragraph (h) 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 

[[Page 6590]]
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 there is very little commercial 
use of the waterway and the fact that the upper reaches of Ebey Slough 
beyond the State Route 529 drawbridge can be reached by an alternate 
route using Steamboat Slough.

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. Effective February 1, 1997 through June 1, 1997 paragraphs (h) 
of 117.1059 is suspended and a new paragraph (j) is added to read as 
follows:


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

* * * * *
    (j) The draws of the SR 529 highway bridge across Ebey Slough, mile 
1.6, at Marysville, need not open for the passage of vessels from 
February 1, 1997 through June 1, 1997.

    Dated: February 5, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 96-3697 Filed 2-20-96; 8:45 am]
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