[Federal Register: June 16, 2005 (Volume 70, Number 115)]
[Rules and Regulations]
[Page 35030-35032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn05-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD13-05-020]
RIN 1625-AA09
Drawbridge Operation Regulations; Duwamish Waterway, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard has temporarily changed the operating
regulations for the First Avenue South dual drawbridges across the
Duwamish Waterway, mile 2.5, at Seattle, Washington. The change allows
the bridge owner to keep the bridges closed during night hours from
July 15 to November 15, 2005, between 9 p.m. and 5 a.m. Sunday through
Friday. This will facilitate painting the structures while properly
containing debris and paint.
DATES: This rule is effective from 9 p.m. July 15, 2005, to 5 a.m.
November 15, 2005.
ADDRESSES: Comments and material received from the public as well as
documents referred to in this preamble as being available in the
docket, are part of docket (CGD13-04-047) and are available for
inspection or copying at 13th Coast Guard District, Aids to Navigation
and Waterways Management Branch, 915 Second Avenue, Seattle, WA 98174-
1067 between 7:30 a.m. and 4 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief Bridge Section,
(206) 220-7282.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On January 21, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Duwamish Waterway,
Seattle, Washington, in the Federal Register (70 FR 3168). We received
no comments in response to the notice of proposed rulemaking. No public
hearing was requested and none was held.
Background and Purpose
The dual First Avenue South bascule bridges provide 32 feet of
vertical clearance above mean high water for the central 100 feet of
horizontal distance in the channel spans. When the drawspans are open
there is unlimited vertical clearance for the central 120 feet of the
spans. Drawbridge openings are provided for recreational vessels, large
[[Page 35031]]
barges, and floating construction equipment. The operating regulations
currently in effect for these drawbridges at 33 Code of Federal
Regulations 117.1041 provide that the spans need not open for the
passage of vessels from 6 a.m. to 9 a.m. and from 3 p.m. to 6 p.m.
Monday through Friday, except for federal holidays. The draws shall
open at any time for a vessel of 5,000 gross tons and over, a vessel
towing such a vessel or en route to take in tow a vessel of that size.
The temporary rule will enable the bridge owner to paint the
structure after preparing the surfaces of the steel truss beneath the
roadway. All of this work must be accomplished within a containment
system that permits no material to fall into the waterway. This
containment system will have to be modified for drawspan openings. The
temporary rule will allow the work to proceed without frequent
interruption.
Discussion of Comments and Changes
The Coast Guard received no comments in response to the notice of
proposed rulemaking. The only change made is to postpone the start date
from June 1 to July 15, 2005, for approximately the same 4-month
duration. This should present no change in effect to mariners.
Regulatory Evaluation
This 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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. Most vessels will be able to plan
transits to avoid the closed periods. Most commercial vessel owners
have indicated that they can tolerate the proposed hours by working
around them. Saturdays will enjoy normal operations, lessening
inconvenience to sailboats.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule
would not have a significant economic impact on a substantial number of
small entities. This may affect some recreational sailboat owners
insofar as they must return by 9 p.m. or wait until 5 a.m. to regain
moorage above the drawbridges. We expect these to be few in number.
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 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, at (206) 220-7282.
Collection of Information
This 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 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 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 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 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 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 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 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
[[Page 35032]]
adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation. There are no expected environmental consequences of the
action that would require further analysis and documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons discussed in the preamble, the Coast Guard is amending
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From 9 p.m. July 15, 2005, to 5 a.m. November 15, 2005, in Sec.
117.1041, suspend paragraph (a)(1) and add a new paragraph (a)(3) to
read as follows:
Sec. 117.1041 Duwamish Waterway.
(a) * * *
(3) Monday through Friday, except all Federal holidays but Columbus
Day, the draws of the First Avenue South Bridges, mile 2.5, need not be
opened for the passage of vessels from 6 a.m. to 9 a.m. and from 3 p.m.
to 6 p.m., except that the draw shall open on one-hour notice for a
vessel of 5000 gross tons and over, a vessel towing a vessel of 5000
gross tons and over, and a vessel proceeding to pick up for towing a
vessel of 5000 gross tons and over.
Sunday through Friday, the draws need not be opened for the passage
of any vessels from 9 p.m. to 5 a.m.
* * * * *
Dated: June 8, 2005.
J.M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 05-11850 Filed 6-15-05; 8:45 am]
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