Drawbridge Operation Regulations; Snohomish River, Everett, WA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-96-001]

Drawbridge Operation Regulations; Snohomish River, Everett, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily amend the regulations

governing the operation of the twin State Route 529 drawbridge across

the Snohomish River, mile 3.6, at Everett, Washington. The proposed

temporary regulations would permit the drawspans to remain closed for

several months so that the mechanical and electrical systems of the

twin bridges can be overhauled. The proposed closed period is October

1, 1996, to January 31, 1997.

DATES: Comments must be received on or before April 29, 1996.

ADDRESSES: 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, Seattle, Washington. Normal office hours are between 7:45 a.m.

and 4:15 p.m., Monday through Friday, except federal 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, (Telephone: (206) 220-7270).

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD13-96-001) and the specific section of

this proposal to which each comment applies, and give the reason for

each comment. Please submit two copies of all comments and attachments

in unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this proposal in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Commander, Thirteenth Coast Guard

District at the address under ADDRESSES. The request should include the

reasons why a hearing would be beneficial. If it determines that the

opportunity for oral presentations will aid this rulemaking, the Coast

Guard will hold a public hearing at a time and place announced by a

later notice in the Federal Register.

Drafting Information

The drafters of this notice are Austin Pratt, Project Officer,

Thirteenth Coast Guard District Aids to Navigation and Waterfront

Management Branch, and Lieutenant Commander John C. Odell, Project

Attorney, Thirteenth Coast Guard District Legal Office.

Background and Purpose

At the request of the Washington State Department of

Transportation, the Coast Guard is considering a temporary amendment to

the regulations governing the operation of the twin State Route 529

drawbridges across the Snohomish River at Everett, Washington.

Currently, these bridges are required to open for the passage of

vessels if one hour notice is provided. The proposed temporary

regulations would permit the drawspans to remain closed for several

months so that the mechanical and electrical systems of the twin

bridges can be overhauled. The existing drawbridge operation

regulations currently in effect would automatically be restored as soon

as the proposed temporary regulations expire.

Discussion of Proposed Rule

The proposed rule would amend 33 CFR 117.1059 by temporarily

suspending paragraph (c) and temporarily adding a new paragraph (i) to

read that the twin State Route 529 drawbridges across the Snohomish

River at Everett, Washington, need not open for the passage of vessels

from October 1, 1996, until January 31, 1997. On February 1, 1997, the

temporary regulation would terminate and paragraph (c) would again be

in effect.

Regulatory Evaluation

This proposed temporary rule is not a significant regulatory action

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

of potential cost 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

proposed rule to be so minimal that a full regulatory evaluation under

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

unnecessary. This expectation is based on the fact that the commercial

users of the waterway can pass under the bridge without an opening

during low tide conditions.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal will have a significant

effect on a substantial number of small entities. ``Small entities''

include independently

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owned and operated small businesses that are not dominant in their

field and that otherwise qualify as ``small business concerns'' under

section 3 of the Small Business Act (15 U.S.C. 632). The Coast Guard

certifies under 5 U.S.C. 605(b) that this proposal, if adopted, will

not have a significant impact on a significant number of small

entities.

Collection of Information

This proposal contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposal under 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.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that, under section 2.B.2. of Commandant

Instruction M16475.B, this proposal is categorically excluded from

further environmental documentation. A ``Categorical Exclusion

Determination'' is available in the docket for inspection or copying.

List of Subjects in 33 CFR Part 117

Bridges.

Proposed Regulations

For the reasons set out in the preamble, the Coast Guard proposes

to amend part 117 of title 33, Code of Federal Regulations, 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section

117.255 also issued under the authority of Pub. L. 102-587, 106

Stat. 5039.

2. Effective October 1, 1996 through January 31, 1997, Paragraph

(c) of 117.1059 is suspended and a new paragraph (i) is added to read

as follows:

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

* * * * *

(i) The draws of the twin, SR 529, highway bridges across the

Snohomish River, mile 3.6, at Everett need not open for the passage of

vessels from October 1, 1996 through January 31, 1997.

Dated: February 5, 1996.

J.W. Lockwood,

Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.

[FR Doc. 96-3696 Filed 2-20-96; 8:45 am]

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