[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Proposed Rules]
[Pages 58933-58936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27355]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0838]
RIN 1625-AA09


Drawbridge Operation Regulation; Snohomish River, Steamboat 
Slough, and Ebey Slough; Everett and Marysville, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the drawbridge operation 
regulation for the Burlington Northern Santa Fe Railroad drawbridge 
across Ebey Slough, mile 1.5, in Marysville, Washington so that two-
hour notice would be required to open the bridge from 3:30 p.m. to 7 
a.m. every day. The bridge will be opened on signal at all other times. 
The modification is necessary to allow Burlington Northern Santa Fe 
Railroad to reduce staffing of the bridge during periods requiring 
infrequent openings. The Coast Guard is also proposing additional minor 
changes to the drawbridge operation regulations covering the Snohomish 
River system to delete obsolete requirements.

DATES: Comments and related material must reach the Coast Guard on or 
before January 15, 2010.

ADDRESSES: You may submit comments identified by the Coast Guard docket 
number USCG-2009-0838 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these methods. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Austin Pratt, Chief, Bridge Section, Waterways Management 
Branch, 13th Coast Guard District, telephone 206-220-7282, e-mail 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking USCG-2009-0838, indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If submit a comment online via 
http://www.regulations.gov, it will be considered received by the Coast 
Guard when you successfully transmit the comment. If you fax, hand 
deliver or

[[Page 58934]]

mail your comment, it will be considered received by the Coast Guard 
when it is received at the Docket Management Facility. We recommend 
that you include your name and a mailing address, an e-mail address, or 
a phone number in the body of your document so that we can contact you 
if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2009-0838'' in the ``Keyword'' 
box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2009-0838'' and click 
``Search''. Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit either the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey 
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request using one of the four methods under ADDRESSES. Please explain 
why one would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    The proposed rule would modify the drawbridge operation regulation 
for the Burlington Northern Santa Fe Railroad drawbridge across Ebey 
Slough, mile 1.5, in Marysville, Washington so that two-hour notice 
would be required to open the bridge from 3:30 p.m. to 7 a.m. every 
day. The bridge will be opened on signal at all other times. The 
railroad company requested this change to reduce staffing of the 
drawbridge during periods requiring infrequent openings.
    The operating regulations currently in effect for the Ebey Slough 
Railroad Bridge are found at 33 CFR part 117, subpart A, the general 
operating regulations for drawbridges. The regulations require the 
bridge to open promptly on signal at any time, which requires constant 
presence of a drawtender.
    The modification would make the regulations consistent with most of 
the other drawbridges in the lower Snohomish River system between 
Marysville and Everett, Washington. In 2008 the draw opened 128 times 
for vessels. For the first five months of 2009 the draw opened 95 times 
for vessels. These records indicate that the bridge opens on average 
less than once a day. Most vessels that require the swing span to open 
are recreational vessels and occasionally tugboats.
    The Coast Guard is also proposing additional minor changes to the 
drawbridge operation regulations covering the Snohomish River system to 
delete obsolete requirements.

Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.1059 by adding a 
drawbridge operation regulation for the Burlington Northern Santa Fe 
Railroad drawbridge across Ebey Slough, mile 1.5, in Marysville, 
Washington to require two-hour notice to open the bridge from 3:30 p.m. 
to 7 a.m. every day. The bridge will be opened on signal at all other 
times.
    The Coast Guard also proposes to change the regulations found in 33 
CFR 117.1059 to delete obsolete requirements for the bridges over the 
Snohomish River, Steamboat Slough, and Ebey Slough. The changes include 
the deletion of special sound signals for the inability of the draw to 
open. The standard danger signal of five short blasts in rapid 
succession would be used instead as codified in the general regulations 
for drawbridge operations at Part 117.5 of 33 Code of Federal 
Regulations.
    The requirement to toll a bell in fog when draws are open for 
vessel passage would also be deleted along with the requirement for 
constant attendance of drawtenders during freshets at those bridges 
that are otherwise required to have drawtenders present only to operate 
upon notice to open.
    The foregoing are not general requirements at drawbridges. They 
were established decades ago when commercial navigation, especially log 
towing, was more frequent on the braided stream system of the lower 
Snohomish. Improvements in navigation, such as radio and radar, have 
greatly reduced the need for these measures. The constant attendance of 
drawtenders during freshets is not needed because there is less traffic 
in these waterways than when the original regulations were established.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed 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. The Coast Guard has made 
this finding based on the fact that the changes proposed will have 
little, if any, impact on the ability of vessels to transit the areas 
affected.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which

[[Page 58935]]

might be small entities: The owners and operators of vessels needing to 
transit under the bridges affected. The rule will not have a 
significant economic impact on a substantial number of small entities, 
however, because the changes proposed will have little, if any, impact 
on the ability of vessels to transit under those bridges.
    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 want to assist small 
entities in understanding this proposed 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, Waterways Management Branch, 13th Coast Guard District, at 
(206) 220-7282. The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

Collection of Information

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

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, and 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

    2. Revise Sec.  117.1059 to read as follows:


Sec.  117.1059  Drawbridge Operation Regulation; Snohomish River, 
Steamboat Slough, and Ebey Slough; Everett and Marysville, WA.

    (a) The draws of the twin, SR529 highway bridges across the 
Snohomish River, mile 3.6, at Everett shall open on signal if at least 
one-hour notice is given. Monday through Friday, notice for opening 
shall be given to the drawtender at the SR529 highway bridge across 
Ebey Slough, at

[[Page 58936]]

Marysville, and at all other times to the drawtender at the twin SR529 
highway bridges at Everett.
    (b) The draw of the SR2 highway bridge across the Snohomish River, 
mile 6.9, at Everett, shall open on signal if at least four hours 
notice is given.
    (c) The draw of the Burlington Northern Santa Fe railroad bridge 
across the Snohomish River, mile 15.5, at Snohomish need not open for 
the passage of vessels.
    (d) The draw of the Burlington Northern Santa Fe railroad bridge 
across Steamboat Slough, mile 1.0, near Marysville, shall open on 
signal if at least four hours notice is given.
    (e) The draws of the twin, SR529 highway bridges across Steamboat 
Slough, miles 1.1 and 1.2, near Marysville shall open on signal if at 
least four hours notice is given. Monday through Friday, notice for 
openings shall be given to the drawtender at the SR529 highway bridge 
across Ebey Slough, at Marysville, and at all other times to the 
drawtender at the twin SR529 highway bridges at Everett.
    (f) The draw of the Burlington Northern Santa Fe railroad bridge 
across Ebey Slough, mile 1.5, at Marysville shall open on signal if two 
hours notice is given from 3:30 p.m. to 7 a.m. and promptly on signal 
at all other times.
    (g) The draws of the SR529 highway bridge across Ebey Slough, mile 
1.6, at Marysville, shall open on signal if at least one hour notice is 
given. Monday through Friday, notice for openings shall be given to the 
drawtender at this bridge and at all other times to the drawtender at 
the SR529 highway bridges across the Snohomish River at Everett.

    Dated: October 15, 2009.
G.T. Blore,
Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard 
District.
[FR Doc. E9-27355 Filed 11-13-09; 8:45 am]
BILLING CODE 9110-04-P