[Federal Register Volume 61, Number 163 (Wednesday, August 21, 1996)]
[Rules and Regulations]
[Page 43158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21087]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-96-002]
RIN 2115-AE47


Drawbridge Operation Regulations; Ebey Slough, Marysville WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily amending the regulations 
governing the operation of the twin State Route 529 drawbridges across 
Ebey Slough, mile 1.6, at Marysville, Washington. The temporary 
regulations will permit the swingspan to remain closed for several 
months so that the mechanical and electrical systems of the bridge can 
be overhauled. The closed period is February 1, 1997 to June 1, 1997.

EFFECTIVE DATES: This rule is effective from February 1, 1997, to June 
1, 1997.

ADDRESSES: Unless otherwise noted, documents referred to in this 
preamble are 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.

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:

Regulatory History

    On February 21, 1996, the Coast Guard published a notice of 
proposed rulemaking entitled Drawbridge Operation Regulations; Ebey 
Slough, Marysville, WA, in the Federal Register (61 FR 6589). No 
comments were received in response to this notice.

Background and Purpose

    At the request of the Washington State Department of 
Transportation, the Coast Guard is temporarily amending the regulations 
governing the operation of the State Route 529 drawbridge across Ebey 
Slough, Washington. Currently, this bridge is required to open for the 
passage of vessels if one hour notice is provided. The temporary 
regulations will 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 will automatically be restored as soon as the temporary 
regulations expire on June 1, 1997.

Discussion of Comments and Changes

    The Coast Guard did not receive any comments to the notice of 
proposed rulemaking and the rule is being adopted as proposed.

Regulatory Evaluation

    This 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 
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

    For the reasons stated in Regulatory Evaluation above, the Coast 
Guard finds that the impact on small entities, if any, is not 
substantial. Therefore, the Coast Guard certifies under 5 U.S.C. 605 
(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this 
action will not have a significant impact on a substantial number of 
small entities. The impact on small entities is expected to be minimal 
because of the minimal use of the waterway and the alternate route 
through Steamboat Slough.

Collection of Information

    This action contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the action does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
action 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 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 
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, to June 1, 1997, paragraph (h) of 
Sec. 117.1059 is temporarily 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, until June 1, 1997.

    Dated: June 26, 1996.
J. David Spade,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 96-21087 Filed 8-20-96; 8:45 am]
BILLING CODE 4910-14-M