[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Rules and Regulations]
[Pages 40916-40918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11378]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD13-06-015]
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 is temporarily revising the operating 
regulations for the First Avenue South dual drawbridges across the 
Duwamish Waterway, mile 2.5, at Seattle, Washington. The change will 
enable the bridge owner to keep the bridges closed during night hours 
for a period longer than 60 days. This will facilitate painting the 
structure while properly containing debris and paint.

DATES: This temporary rule is effective from July 15 to September 30, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CG13-06-015 and are available for 
inspection or copying at the office of Commander (dpw), 13th Coast 
Guard District, 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, 
Commander (dpw), 13th Coast Guard District, 915 Second Avenue, Seattle, 
WA 98174-1067, (206) 220-7282.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On May 24, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Duwamish River, 
Seattle, Washington'' in the Federal Register (71 FR 29871). We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication of this temporary final rule in the Federal Register, as is 
normally required by the Administrative Procedure Act. The Coast Guard 
experienced administrative problems that made compliance with the 30-
day rule impracticable within the work schedule that the bridge owner 
had previously set. Compliance with the 30-day rule would require 
rescheduling the repair work, perhaps for a significant amount of time. 
Timely maintenance of the heavily-used First Avenue South bridges helps 
preserve the safety of these spans. Thus, a delay of scheduled 
maintenance would be contrary to the public interest. Moreover, 
compliance with the 30-day rule at the expense of delaying scheduled 
maintenance is unnecessary. Temporary deviations from drawbridge 
schedules for repair or maintenance are already authorized, for periods 
not to exceed 60 days, by 33 CFR 117.35(d). In this case, the bridge 
repairs will not pass the 60-day mark until mid-September, by which 
time this temporary final rule will have been published for far more 
than 30 days. In addition, our May 24, 2006 NPRM alerted the public to 
our intention to modify the drawbridge schedule, and the NPRM received 
no adverse comment. Vessels large enough to require opening of these 
spans use the Duwamish Waterway only infrequently. Steps have been 
taken to notify affected vessels that the drawbridge schedule is being 
altered, via publication in a local notice to mariners.

Background and Purpose

    The dual First Avenue South drawbridges provide 32 feet of vertical 
clearance at 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. An 
adjacent, parallel bascule bridge was constructed and completed in 
1999. Drawbridge openings are provided for recreational vessels, large 
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 and for a 
vessel towing such a vessel or en route to take in tow a vessel of that 
size.
    The temporary rule will enable the 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 closed period is from 9 p.m. to 5 a.m. Sunday through 
Friday from July 15 to September 30, 2006. This operating scheme was 
authorized last year for the same purpose and generated no objections 
or complaints from waterway users.
    Our previous analysis indicated that most vessel operators will not 
be inconvenienced by the hours of temporary closure. This conclusion 
seems to have been borne out as no complaints were received during the 
previous season of work. Others would receive enough notice to plan 
trips at other hours. Vessel traffic includes tugboats, barges, derrick 
barges, sailboats and motorized recreational boats including large 
yachts. The majority of vessels pass through the dual bascule spans 
during hours other than those affected night hours.
    First Avenue South is a heavily traveled commuter arterial that 
serves Boeing Company plants and other industrial facilities in south 
Seattle. The dual bascule spans need not open for the passage of 
vessels from 6 a.m. to 9 a.m. and from 6 p.m. to 9 p.m. Monday through 
Friday. Vessels of 5000 gross tons or more are exempted from these 
closed periods. However, vessels of this size infrequently ply this 
reach of the waterway. The dual spans open an average of four times a 
day.

Discussion of Comments and Changes

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

[[Page 40917]]

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 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 can better evaluate its 
effects on them and participate in the rulemaking process.
    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 proposed 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 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. There are no expected environmental 
consequences of the proposed action that would require further analysis 
and documentation.

[[Page 40918]]

List of Subjects in 33 CFR Part 117

    Bridges.


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 9 p.m. July 15 to 5 a.m. September 30, 2006, 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) From 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 during these hours: The draws shall open 
at any time for a vessel of 5000 gross tons and over, a vessel towing a 
5000 gross tons and over, and a vessel proceeding to pick up for towing 
a vessel of 5000 gross tons and over. From July 15 to September 30, 
2006, Sunday through Friday, the draws need not be opened for the 
passage of any vessels from 9 p.m. to 5 a.m.
* * * * *

    Dated: July 10, 2006.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, District Commander, Thirteenth Coast 
Guard District.
[FR Doc. E6-11378 Filed 7-18-06; 8:45 am]
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