Drawbridge Operation Regulations; Snohomish River, WA

DEPARTMENT OF TRANSPORTATION

33 CFR Part 117

[CGD13-94-020]

RIN 2115-AE47

Drawbridge Operation Regulations; Snohomish River, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule with request for comments.

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SUMMARY: At the request of the Washington State Department of

Transportation (WSDOT), the Coast Guard is authorizing the temporary

closure of the vertical lift span of the State Route 2 Bridge across

the Snohomish River, mile 6.9, at Everett, Washington. The purpose of

the temporary closure is to accommodate refurbishment of the drawspan.

The temporary regulations would be in effect from August 8, 1994,

through April 8, 1995. Since the bridge has opened only once in the

past two years for the passage of vessels, this temporary action should

provide for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective from August 8, 1994 to April 8,

1995.

ADDRESSES: Interested persons are invited to respond to this rulemaking

by submitting written views, comments, data, or arguments. Persons

submitting comments should include their names and addresses, identify

the bridge, and give reasons for concurrence with or opposition to this

temporary final rule. Persons desiring acknowledgment that their

comments were received should enclose a stamped, self-addressed

postcard or envelope. Comments should be mailed to Commander (oan),

Thirteenth Coast Guard District, 915 Second Avenue, Seattle, Washington

98174-1067. The comments and other materials referenced in this notice

will be available for inspection and copying at 915 Second Avenue, room

3410. Normal office hours are between 7:45 a.m. and 4:15 p.m., Monday

through Friday, except holidays. Comments may also be hand-delivered to

this address.

FOR FURTHER INFORMATION CONTACT:

John E. Mikesell, Chief, Plans and Programs Section, Aids to Navigation

and Waterways Management Branch, (206) 220-7270.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 553, a notice of

proposed rulemaking was not published for this regulation and good

cause exists for making it effective in less than 30 days after Federal

Register publication. Publishing an NPRM and delaying its effective

date would be contrary to the public interest since immediate action is

needed to restore the drawbridge to good operating condition. Upon

request of WADOT, the Coast Guard first considered amending the bridge

permit to allow the bridge to be converted to a permanent fixed

position. Comments were solicited for that permit. Three commenters

opposed closing the bridge permanently because of the need for future

use of the waterway. Because of these comments, the Coast Guard denied

the amended permit application. Consequently, WADOT has requested to

temporarily close the bridge in order to make the necessary repairs by

April 1995.

Drafting Information

The drafters of this notice are Austin Pratt, project officer, and

Lieutenant Laticia J. Argenti, project attorney.

Discussion of Regulations

The temporary regulation would enable the bridge owner to

completely remove the old electrical system and install a new one. Two

drive motors and two synchronizing motors for the lift span will be

replaced. The brake systems of the span will also be refurbished. This

machinery is old and will require special refurbishment to restore it

to good condition.

The bridge owner also applied to the Coast Guard for an amendment

to its bridge permit for the subject structure. The Coast Guard denied

approval for this amendment. If granted, the amendment would have

allowed the state to convert the vertical lift bridge to a fixed bridge

by removing the machinery permanently from the structure. Three

entities objected to the proposed permanent conversion of the

drawbridge to a fixed bridge. A towing company maintains some of its

log moorages above the bridge with pile-drivers. Infrequent but

surviving need to access the river above the bridge by pile-driving

equipment dictated a denial of this permit amendment request. Moreover,

the Port and the City of Everett are both upstream property owners who

objected to the permanent closure of the vertical lift span based upon

future development of their waterfront acreage. Discussions with all

three entities disclosed that their needs are long range and would not

be harmed by a long maintenance closure as long as it is conducted

soon. In the interest of accommodating the repair and maintenance of

the drawbridge to serve navigation, the Coast Guard is authorizing a

closure without prior notice of proposed rulemaking. Comments from

waterway interests have in effect already been received via public

notice for the proposed permanent closure of the bridge.

In recent years the drawbridge has seldom opened for the passage of

vessels. The records of the drawtender show that the span has been

lifted for the passage of a vessel only once in the period from January

1992 through January 1994. This indicates a decline in the use of this

reach of the Snohomish River by vessels that cannot pass the bridge in

its closed position. Recent discussions with waterway users have

indicated that current and projected use (requiring drawspan openings)

will be mostly floating pile-drivers and other construction equipment.

The infrequent transits of this sort of commercial navigation is not

likely to suffer during the closed period which this temporary final

rule imposes.

The existing operating regulations for this bridge require a four

hour notice for opening to vessels. During freshets, a draw-tender is

required to be in constant attendance so that the drawspan may be

opened on signal. These requirements will be restored to force when

this temporary final rule expires.

Regulatory Evaluation

This action is not a significant regulatory action under section

3(f) of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order. It

has been exempted from review by the Office of Management and Budget

under that order. It is not significant under the regulatory policies

and procedures of the Department of Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard expects the economic impact of this

action to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary. The drawspan has been opened very infrequently in recent

years for the passage of vessels. This low level of activity is

expected to remain fairly consistent.

Federalism Assessment

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that the proposed rulemaking does not have sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environmental Assessment

This action has been reviewed by the Coast Guard and has been

determined to be categorically excluded from further environmental

documentation under the authority of 40 CFR Section 1507.3 and in

accordance with paragraph 2.B.2.g.(5) of the NEPA Implementing

Procedures, COMDTINST M16475.1B. A copy of the Categorical Exclusion

Certification is available for review in the docket.

List of Subjects in 33 CFR Part 117

Bridges.

In consideration of the foregoing, Part 117 of Title 33, Code of

Federal Regulations, is amended as follows:

PART 117--DRAWBRIDGE OPERATING REGULATIONS

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

follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g).

2. Section 117.1059 is amended by revising paragraph (d) to read as

follows:

Sec. 117.1059 Snohomish River, Steamboat Slough, and Ebey Slough.

* * * * *

(d) The draw of the SR2 highway bridge across the Snohomish River,

mile 6.9, need not open for the passage of vessels from August 8, 1994

through April 8, 1995.

* * * * *

Dated: 18 July 1994.

John A. Pierson,

Captain, U.S. Coast Guard, Commander, 13th Coast Guard District,

Acting.

[FR Doc. 94-18550 Filed 7-28-94; 8:45 am]

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