[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Proposed Rules]
[Pages 30042-30044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10432]


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DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the Army

33 CFR Part 207

RIN 0710-AA62


Navigation Regulations

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The U.S. Army Corps of Engineers is proposing to establish a 
procedure for modifying scheduled operational hours at the Lake 
Washington Ship Canal, Hiram M. Chittenden Locks in Seattle, 
Washington. This procedure would allow the district engineer to change 
the scheduled operational hours of the locks after issuing a public 
notice and providing a 30-day comment period for any proposed change. 
Corrections are also made to two citations.

DATES: Comments must be submitted on or before July 25, 2005.

ADDRESSES: Written comments should be sent to the U.S. Army Corps of 
Engineers, Attn: CENWS-OD-TS-PS (Robert M. Rawson), P.O. Box 3755, 
Seattle, Washington 98124-3755, or by e-mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Mr. John Post, Operations Manager, 
Hiram M. Chittenden Locks, at (206) 789-2622, Ms. Patricia Graesser, 
Public Affairs Office, (206) 764-3760, or Mr. Michael Kidby, Operations 
and Regulatory Community of Practice, Directorate of Civil Works, at 
(202) 761-0250.

SUPPLEMENTARY INFORMATION: This regulation has not been revised in over 
40 years. Corrections need to be made to reflect current situation and 
changes to referenced regulations. Furthermore, there is a need to have 
a public notice and comment process in place to allow for changes in 
scheduled operation. The proposed change does not change the present 
operation but adds a process to allow for a change in schedule similar 
to that on the Columbia River. Note that the addition of this proposed 
schedule provision does not negate or limit the Corps' existing 
authority to restrict or reduce lockage operations.

Administrative Requirements

Plain Language

    In compliance with the principles in the President's Memorandum of 
June 1, 1998, (63 FR 31855) regarding plain language, this preamble is 
written using plain language. The use of ``we'' in this notice refers 
the Corps. We have also used the active voice, short sentences, and 
common everyday terms except for necessary technical terms.

Paperwork Reduction Act

    This proposed action will not impose any new information collection 
burden under the provisions of the Paperwork Production Act (44 U.S.C. 
3501 et seq.). Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to, or for, a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    Since the proposed rule does not involve any collection of 
information from the public, this action is not subject to the 
Paperwork Reduction Act.

Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), an 
agency must determine whether the regulatory action is ``significant'' 
and therefore subject to review by OMB and the requirements of the 
Executive Order. The Executive Order defines ``significant regulatory 
action'' as one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, we have determined 
that the proposed rule is not a ``significant regulatory action'' 
because it does not meet any of these four criteria.

Executive Order 13132

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires an agency to develop an accountable process to 
ensure ``meaningful and timely input by State and local officials in 
the development of regulatory policies that have Federalism 
implications.'' The phrase ``policies that have Federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.''
    The proposed rule does not have Federalism implications. We do not 
believe that amending this regulation will have substantial direct 
effects on the States, on the relationship between the Federal 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. The proposed 
rule

[[Page 30043]]

does not impose new substantive requirements. In addition, the proposed 
changes will not impose any additional substantive obligations on State 
or local governments. Therefore, Executive Order 13132 does not apply 
to this proposed rule.

Regulatory Flexibility Act, as Amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996, 5 U.S.C. 601 et seq.

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to 
notice-and-comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations and small governmental jurisdictions.
    For purposes of assessing the impacts of this proposed rule on 
small entities, a small entity is defined as: (1) A small business 
based on Small Business Administration size standards; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district, or special district with a population of less than 
50,000; or (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of the proposed rule on 
small entities, we believe that this action will not have a significant 
economic impact on a substantial number of small entities. The proposed 
rule is consistent with current agency practice, does not impose new 
substantive requirements, and therefore would not have a significant 
economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and Tribal 
governments and the private sector. Under Section 202 of the UMRA, the 
agencies generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and Tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. Before promulgating a rule for which a 
written statement is needed, Section 205 of the UMRA generally requires 
the agencies to identify and consider a reasonable number of regulatory 
alternatives and adopt the least costly, most cost-effective or least 
burdensome alternative that achieves the objectives of the rule. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Moreover, section 205 allows an agency to adopt an 
alternative other than the least costly, most cost-effective, or least 
burdensome alternative if the agency publishes with the final rule an 
explanation why that alternative was not adopted. Before an agency 
establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including Tribal governments, it 
must have developed, under Section 203 of the UMRA, a small government 
agency plan. The plan must provide for notifying potentially affected 
small governments, enabling officials of affected small governments to 
have meaningful and timely input in the development of regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    We have determined that the proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and Tribal governments, in the aggregate, or the 
private sector in any one year. The proposed rule is consistent with 
current agency practice, does not impose new substantive requirements 
and therefore does not contain a Federal mandate that may result in 
expenditures of $100 million or more for State, local, and Tribal 
governments, in the aggregate, or the private sector in any one year. 
Therefore, the proposed rule is not subject to the requirements of 
Sections 202 and 205 of the UMRA. For the same reasons, we have 
determined that the proposed rule contains no regulatory requirements 
that might significantly or uniquely affect small governments. 
Therefore, the proposed rule is not subject to the requirements of 
Section 203 of UMRA.

Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that we have reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, we must evaluate the environmental health or 
safety effects of the proposed rule on children, and explain why the 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives.
    The proposed rule is not subject to this Executive Order because it 
is not economically significant as defined in Executive Order 12866. In 
addition, it does not concern an environmental or safety risk that we 
have reason to believe may have a disproportionate effect on children.

Executive Order 13175

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires agencies to develop an accountable process to ensure 
``meaningful and timely input by tribal officials in the development of 
regulatory policies that have tribal implications.'' The phrase 
``policies that have tribal implications'' is defined in the Executive 
Order to include regulations that have ``substantial direct effects on 
one or more Indian tribes, on the relationship between the Federal 
government and the Indian tribes, or on the distribution of power and 
responsibilities between the Federal government and Indian tribes.''
    The proposed rule does not have tribal implications. It will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal government and the Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes. It is generally consistent with current 
agency practice and does not impose new substantive requirements. 
Therefore, Executive Order 13175 does not apply to this proposed rule.

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. We will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. The proposed rule is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

[[Page 30044]]

Executive Order 12898

    Executive Order 12898 requires that, to the greatest extent 
practicable and permitted by law, each Federal agency must make 
achieving environmental justice part of its mission. Executive Order 
12898 provides that each Federal agency conduct its programs, policies, 
and activities that substantially affect human health or the 
environment in a manner that ensures that such programs, policies, and 
activities do not have the effect of excluding persons (including 
populations) from participation in, denying persons (including 
populations) the benefits of, or subjecting persons (including 
populations) to discrimination under such programs, policies, and 
activities because of their race, color, or national origin.
    The proposed rule is not expected to negatively impact any 
community, and therefore is not expected to cause any 
disproportionately high and adverse impacts to minority or low-income 
communities.

Executive Order 13211

    The proposed rule is not a ``significant energy action'' as defined 
in Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. The 
proposed rule is consistent with current agency practice, does not 
impose new substantive requirements and therefore will not have a 
significant adverse effect on the supply, distribution, or use of 
energy.

List of Subjects in 33 CFR Part 207

    Navigation (water), Vessels, Water transportation.

    Dated: May 19, 2005.
Michael B. White,
Chief, Operations, Directorate of Civil Works.

    For the reasons stated above, the Corps proposes to amend 33 CFR 
part 207 as follows:

PART 207--NAVIGATION REGULATIONS

    1. The authority citation for part 207 continues to read as 
follows:

    Authority: 33 U.S.C. 1.

    2. Amend Sec.  207.750 by revising paragraph (b)(4) and the note to 
(b)(5)(i), and adding (b)(7) to read as follows:


Sec.  207.750  Lake Washington Ship Canal; use, administration and 
navigation.

* * * * *
    (b) * * *
    (4) Traffic signal lights. In addition to the lock signal lights 
described in paragraph (b)(5)(ii) of this section, a red light, and a 
green light are installed on the west side of the Ballard Bridge, on 
the east side of the Fremont Bridge, 1,000 feet west of the Montlake 
Bridge, and 1,000 feet east of the Montlake Bridge, for the guidance of 
vessels approaching the sections of the canal between Salmon Bay and 
Lake Union and between Lake Union and Lake Washington, respectively.
    (5) * * *
    (i) * * *

    Note: The term ``long blasts'' means blasts of four seconds 
duration, and the term ``short blasts'' means blasts of one second 
duration. Signals for the opening of drawbridges are prescribed in 
46 CFR Part 117. * * *


    (6) * * *
    (7) Schedule. The district engineer may, after issuing a public 
notice and providing a 30-day opportunity for public comment, set 
(issue) a schedule for the daily lockage of recreational and commercial 
vessels. Recreational vessels are pleasure boats such as a row, sail, 
or motorboats used for recreational purposes. Commercial vessels 
include cargo ships; fishing vessels; and licensed commercial passenger 
vessels operating on a published schedule or regularly operating in the 
``for hire'' trade. Each schedule and any changes to the schedule will 
be issued at least 30 days prior to implementation. Prior to issuing 
any schedule, or any change to the schedule, the district engineer will 
consider all public comments and will evaluate operational 
efficiencies, commercial needs, the water situation, recreational use 
of the locks, and other public interests to determine the need for a 
change in schedule. The district engineer's representative at the locks 
shall be the Operations Manager, who shall issue orders and 
instructions to the lockmaster in charge of the locks. Hereinafter, the 
term ``lockmaster'' shall be used to designate the person in immediate 
charge of the locks at any given time. In case of emergency, and on all 
routine work in connection with the operation of the locks, the 
lockmaster shall have authority to take action without waiting for 
instructions from the Operations Manager.
* * * * *
[FR Doc. 05-10432 Filed 5-24-05; 8:45 am]
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