# Drawbridge Operation Regulations; Snohomish River, WA > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-18550 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** July 29, 1994 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-14-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-18550. Public record. Not legal advice.