[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Proposed Rules]
[Pages 22724-22725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10076]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0890]
RIN 1625-AA09


Drawbridge Operation Regulation; Chambers Creek, Steilacoom, WA, 
Schedule Change

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its notice of proposed 
rulemaking (NPRM) concerning the drawbridge operation regulation for 
the Burlington Northern Santa Fe Railroad Bridge across Chambers Creek, 
mile 0.0, at Steilacoom, Washington, by which two-hour notice would 
have been required for openings from 3:30 p.m. to 7 a.m. every day. The 
NPRM is being withdrawn because of multiple objections to the proposed 
change from users of that waterway.

DATES: The notice of proposed rulemaking is withdrawn on April 30, 
2010.

ADDRESSES: The docket for this withdrawn rulemaking is available for 
inspection or copying at the 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, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. You may 
also find this docket on the Internet by going to http://www.regulations.gov, inserting USCG-2009-0890 in the ``Keyword'' box 
and then clicking ``Search''.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or e-mail Austin Pratt, Chief, Bridge Section, Waterways 
Management Branch, Thirteenth Coast Guard District; telephone 206-220-
7282, e-mail address [email protected]. If you have questions on 
viewing materials in the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Background

    On December 8, 2009, we published an NPRM entitled ``Drawbridge 
Operation Regulation; Chambers Creek, Steilacoom, WA, Schedule Change'' 
in the Federal Register (74 FR 64641). The

[[Page 22725]]

NPRM proposed to change current regulations so that Burlington Northern 
Railroad, the owner of the Chambers Creek Bridge, would only have been 
required to raise the draw of the bridge between 3:30 p.m. and 7 a.m. 
everyday if at least two hours of notice is provided. At all other 
times the draw would have been required to be raised on signal.

Withdrawal

    The NPRM is being withdrawn because of multiple objections to the 
change from users of the waterway in question and, in particular, the 
clients of the marina upstream of the Chambers Creek Bridge. The 
primary point of objection was that 3:30 p.m. was too early in the day, 
especially in summer boating season, to require a two-hour notice. This 
would pertain mostly to vessels returning to moorage at the end of a 
day of boating.
    The Coast Guard received a total of 17 written responses. At least 
seven boaters suggested that a two-hour notice outside daylight hours 
would be feasible or a seasonal change outside the peak boating season. 
A dozen respondents pointed out that the draw records cited in the NPRM 
did not cover the peak summer months of boating. These records were no 
longer available from the bridge owner. Seven responses also noted that 
boaters often group together for a single draw opening thereby reducing 
the number of openings that otherwise would have been tallied for 
single-vessel passages. Additionally, several comments noted that tide 
elevations are a significant factor at Chambers Creek. Many lower tides 
stop boat traffic altogether and would fail to coincide favorably with 
the proposed hours.
    No less than eleven responses cited numerous failures of the bridge 
owner to operate according to the existing regulations. The chief 
violations were reported as the absence of drawtenders and unreasonable 
delays to openings. At least two boat owners observed that cell phone 
coverage is not adequate for telephone contact by vessels returning to 
moorage from popular boating locations in Puget Sound that are two 
hours travel time from the marina. Several comments were concerned with 
delayed access of fireboats in the event of a marina fire.

Authority

    This action is taken under the authority of 33 U.S.C. 499; 33 CFR 
1.05-1; Department of Homeland Security Delegation No. 0170.1.

    Dated: April 8, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2010-10076 Filed 4-29-10; 8:45 am]
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