[Federal Register Volume 71, Number 82 (Friday, April 28, 2006)]
[Rules and Regulations]
[Pages 25064-25066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3992]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD13-05-040]
RIN 1625-AA09


Drawbridge Operation Regulations; Wishkah River, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily revising the drawbridge 
operation regulations for the Heron Street Bridge on the Wishkah River, 
mile 0.2, at Aberdeen, Washington. The change will enable the bridge 
owner to provide delayed openings during major structural and 
mechanical rehabilitation of the bridge from April 2006 through March 
2007.

DATES: This temporary rule is effective from May 30, 2006 to April 1, 
2007.

ADDRESSES: Comments and materials received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD13-05-040] and are available for inspection or 
copying at the 13th Coast Guard District, Waterways Management Branch, 
915 Second Avenue, Seattle, WA 78174-1067 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.

[[Page 25065]]


SUPPLEMENTARY INFORMATION:

Regulatory History

    On December 5, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Wishkah River, WA'' 
in the Federal Register (70 FR 72419). We received no comments on the 
proposed rule. No public meeting was requested, and none was held.

Background and Purpose

    The operating regulations currently in effect for the drawbridges 
on the Wishkah River are at 33 CFR 117.1065. The bridge currently opens 
on signal if at least one-hour notice is provided. The temporary final 
rule will enable Washington State Department of Transportation (WSDOT), 
the owner of the Heron Street Bridge, to rehabilitate the structure. 
The work includes mechanical and electrical improvements, seismic 
retrofit, debris containment, and the replacement of navigation lights 
and hydraulic locks on the swing span.
    The Heron Street Bridge in the closed position provides 13 feet of 
vertical clearance above high water and 23 feet above the lowest tide 
level. Drawbridge openings are not frequent. Most vessels are 
recreational and commercial fishing vessels, rarely sailboats. From 
March 7, 2004, to August 10, 2005, the draw opened for vessels 41 times 
with most of these openings for single vessels. For the 12 months from 
March 2004 to March 2005 the draw opened 28 times for an average of 
little better than twice a month.

Discussion of Comments and Changes

    No comments were received in response to the NPRM. No changes to 
the proposed regulation were made.

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.
    The Coast Guard expects minimal impact from this rule because most 
vessels will be able to schedule infrequent passage with the authorized 
delay for openings.

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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls 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 the Office of Information and 
Regulatory Affairs has not designated it 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

[[Page 25066]]

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 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.lD, 
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. Under figure 2-1, paragraph (32)(e), of 
the Instruction, an ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons discussed in the preamble, the Coast Guard amends 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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. From May 30, 2006 to April 1, 2007, amend Sec.  117.1065 by 
suspending paragraph (c) and adding paragraph (d) to read as follows:


Sec.  117.1065  Wishkah River.

* * * * *
    (d) The draws of the Heron Street Bridge, mile 0.2, shall open on 
signal if at least 48 hours notice is provided. The draw of the Wishkah 
Street Bridge, mile 0.4, shall open on signal if at least one hour 
notice is provided. The opening signal for both bridges is one 
prolonged blast followed by two short blasts.

    Dated: April 8, 2006.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 06-3992 Filed 4-27-06; 8:45 am]
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