[Federal Register Volume 63, Number 43 (Thursday, March 5, 1998)]
[Rules and Regulations]
[Page 10777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5717]



[[Page 10777]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 13-98-001]
RIN 2115-AE47


Drawbridge Operations Regulations; Tacoma Harbor, WA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: This amendment removes all operating regulations for the East 
11th Street Bridge across the Blair Waterway and changes the operating 
regulations for the East 11th Street Bridge across the Hylebos Waterway 
in Tacoma Harbor, Tacoma, Washington. The regulations are being amended 
because the drawspan on the Blair Waterway has been removed, and 
because traffic conditions have changed due to the relocation of 
Washington State Route 509 farther inland. The Hylebos drawspan will 
open on signal at all times.

DATES: Effective: March 5, 1998.

ADDRESSES: Unless otherwise noted, documents referred to in this 
preamble are available for inspection and copying at Commander (oan), 
Thirteenth Coast Guard District, 915 Second Avenue, Seattle, Washington 
98174-1067. 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 Program Section, Aids to Navigation 
and Waterways Management Branch, Telephone (206) 220-7272.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    The current regulations require both the Blair and Hylebos Waterway 
Bridges to open on signal except from 6:30 a.m. to 8:30 a.m. and 3:30 
p.m. to 5:30 p.m. the draws need not be opened except for vessels of 
1000 gross tons or more, vessels towing such vessels or vessels enroute 
to take such vessels in tow. These daily periods applied only to Monday 
through Friday, except federal holidays.

Background and Purpose

    This change removes all regulations for the East 11th Street bridge 
across Blair Waterway because the drawspan was removed in 1997 to 
facilitate the safe movement of large vessels in the Blair Waterway. 
Good cause exists for proceeding directly to a final rule without 
notice and comment and for the final rule to be effective immediately 
because the regulations for the operation of the bridge are no longer 
necessary as the bridge has been removed.
    The operating regulations for the East 11th Street Bridge across 
the Hylebos Waterway are removed so that the bridge will operate 
according to 33 CFR 117.5, which requires the drawspan to open on 
signal for the passage of vessels. The periods during which the bridge 
need not open for vessels in order to accommodate the heavy volume of 
roadway traffic are no longer necessary. State Route 509, which 
formerly coincided with East 11th Street in this part of Tacoma Harbor, 
has been relocated farther inland. East 11th Street now bears far less 
commuter and commercial traffic.
    Good cause exists for proceeding directly to a final rule without 
notice and comment and for the final rule to be effective immediately 
because the relocation of State Route 509 has alleviated the congestion 
on the bridge which necessitated the exception to opening on demand. 
The traffic volumes no longer warrant any delay to navigation at the 
drawspan. The bridge owner has not needed to use the congested periods 
regulations and is amenable to the bridge on signal at all times.

Regulatory Evaluation

    This rule is not a significant regulatory action under 3(f) of 
Executive Order 1286 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 vessels will be facilitate 
in their movement by this amendment, while roadway traffic will not be 
hindered unreasonable.

Small Entities

    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) that this action 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. 3501-3520).

Federalism

    The Coast Guard has analyzed this action under the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the 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 rule 
and concluded that, under Section 2.B.2.e. of Commandant Instruction 
M16475.B, this rule 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.

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); 
Sec. 117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.


Sec. 117.1061  [Amended]

    2. Paragraphs (c) and (d) of Sec. 117.1061 are removed.

    Dated: February 11, 1998.
J. David Spade,
Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 98-5717 Filed 3-4-98; 8:45 am]
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