[Federal Register Volume 70, Number 115 (Thursday, June 16, 2005)]
[Rules and Regulations]
[Pages 35030-35032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11850]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD13-05-020]
RIN 1625-AA09


Drawbridge Operation Regulations; Duwamish Waterway, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard has temporarily changed the operating 
regulations for the First Avenue South dual drawbridges across the 
Duwamish Waterway, mile 2.5, at Seattle, Washington. The change allows 
the bridge owner to keep the bridges closed during night hours from 
July 15 to November 15, 2005, between 9 p.m. and 5 a.m. Sunday through 
Friday. This will facilitate painting the structures while properly 
containing debris and paint.

DATES: This rule is effective from 9 p.m. July 15, 2005, to 5 a.m. 
November 15, 2005.

ADDRESSES: Comments and material received from the public as well as 
documents referred to in this preamble as being available in the 
docket, are part of docket (CGD13-04-047) and are available for 
inspection or copying at 13th Coast Guard District, Aids to Navigation 
and Waterways Management Branch, 915 Second Avenue, Seattle, WA 98174-
1067 between 7:30 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief Bridge Section, 
(206) 220-7282.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On January 21, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Duwamish Waterway, 
Seattle, Washington, in the Federal Register (70 FR 3168). We received 
no comments in response to the notice of proposed rulemaking. No public 
hearing was requested and none was held.

Background and Purpose

    The dual First Avenue South bascule bridges provide 32 feet of 
vertical clearance above mean high water for the central 100 feet of 
horizontal distance in the channel spans. When the drawspans are open 
there is unlimited vertical clearance for the central 120 feet of the 
spans. Drawbridge openings are provided for recreational vessels, large

[[Page 35031]]

barges, and floating construction equipment. The operating regulations 
currently in effect for these drawbridges at 33 Code of Federal 
Regulations 117.1041 provide that the spans need not open for the 
passage of vessels from 6 a.m. to 9 a.m. and from 3 p.m. to 6 p.m. 
Monday through Friday, except for federal holidays. The draws shall 
open at any time for a vessel of 5,000 gross tons and over, a vessel 
towing such a vessel or en route to take in tow a vessel of that size.
    The temporary rule will enable the bridge owner to paint the 
structure after preparing the surfaces of the steel truss beneath the 
roadway. All of this work must be accomplished within a containment 
system that permits no material to fall into the waterway. This 
containment system will have to be modified for drawspan openings. The 
temporary rule will allow the work to proceed without frequent 
interruption.

Discussion of Comments and Changes

    The Coast Guard received no comments in response to the notice of 
proposed rulemaking. The only change made is to postpone the start date 
from June 1 to July 15, 2005, for approximately the same 4-month 
duration. This should present no change in effect to mariners.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. Most vessels will be able to plan 
transits to avoid the closed periods. Most commercial vessel owners 
have indicated that they can tolerate the proposed hours by working 
around them. Saturdays will enjoy normal operations, lessening 
inconvenience to sailboats.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities. This may affect some recreational sailboat owners 
insofar as they must return by 9 p.m. or wait until 5 a.m. to regain 
moorage above the drawbridges. We expect these to be few in number.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Austin Pratt, Chief, Bridge 
Section, at (206) 220-7282.

Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of Information and Regulatory Affairs has 
not designated this as a significant energy action. Therefore, it does 
not require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g. specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or

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adopted by voluntary consensus standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (32)(e) of the Instruction, from further environmental 
documentation. There are no expected environmental consequences of the 
action that would require further analysis and documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons discussed in the preamble, the Coast Guard is amending 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

0
2. From 9 p.m. July 15, 2005, to 5 a.m. November 15, 2005, in Sec.  
117.1041, suspend paragraph (a)(1) and add a new paragraph (a)(3) to 
read as follows:


Sec.  117.1041  Duwamish Waterway.

    (a) * * *
    (3) Monday through Friday, except all Federal holidays but Columbus 
Day, the draws of the First Avenue South Bridges, mile 2.5, need not be 
opened for the passage of vessels from 6 a.m. to 9 a.m. and from 3 p.m. 
to 6 p.m., except that the draw shall open on one-hour notice for a 
vessel of 5000 gross tons and over, a vessel towing a vessel of 5000 
gross tons and over, and a vessel proceeding to pick up for towing a 
vessel of 5000 gross tons and over.
    Sunday through Friday, the draws need not be opened for the passage 
of any vessels from 9 p.m. to 5 a.m.
* * * * *

    Dated: June 8, 2005.
J.M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 05-11850 Filed 6-15-05; 8:45 am]
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