Drawbridge Operation Regulations; Duwamish Waterway, Seattle, WA, 3168-3170 [05-1057]
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3168
Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Proposed Rules
DEPARTMENT OF HOMELAND
SECURITY
the comment period. We may change
this proposed rule in view of them.
Coast Guard
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to the Aids to
Navigation and Waterways Management
Branch at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
33 CFR Part 117
[CGD13–04–047]
RIN 1625–AA09
Drawbridge Operation Regulations;
Duwamish Waterway, Seattle, WA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
temporarily change the operating
regulations for the First Avenue South
dual drawbridges across the Duwamish
Waterway, mile 2.5, at Seattle,
Washington. The proposed change
would enable the bridge owner to keep
the bridges closed during night hours
for a 4-month period. This would
facilitate painting the structure while
properly containing debris and paint.
DATES: Comments and related material
must reach the Coast Guard on or before
March 22, 2005.
ADDRESSES: You may mail comments
and related material to Commander
(oan), 13th Coast Guard District, 915
Second Avenue, Seattle, WA 98174–
1067 where the public docket for this
rulemaking is maintained. Comments
and material received from the public,
as well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and will be available for inspection or
copying at the Aids to Navigation and
Waterways Management Branch
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:
SUMMARY:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking [CGD13–04–047],
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
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12:10 Jan 19, 2005
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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. An adjacent, parallel bascule
bridge was constructed and completed
in 1999. Drawbridge openings are
provided for recreational vessels, large
barges, and floating construction
equipment.
The operating regulations currently in
effect for these drawbridges at 33 CFR
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 on
all Federal holidays but Columbus Day.
The draws must 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 proposed temporary rule would
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
would have to be removed or partially
dismantled for drawspan openings.
Therefore, the bridge owner has
requested periods in which the work
may proceed without frequent
interruption.
Discussion of Proposed Rule
This proposed rule would allow the
bridge to remain closed to navigation
from 9 p.m. to 5 a.m. Sunday through
Friday from June 1 to October 1, 2005.
One-hour notice would be required for
openings during the currently
established weekday closed periods
discussed below.
Preliminary analysis indicates that
most vessel operators will not be
inconvenienced by the hours of
temporary closure. Others would
receive enough notice to plan trips at
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other hours. Vessel traffic includes
tugboats, barges, derrick barges,
sailboats and motorized recreational
boats including large yachts. The
majority of vessels pass through the
dual bascule spans during hours other
than the proposed closure times.
First Avenue South is a heavily
traveled commuter arterial that serves
Boeing Company plants and other
industrial facilities in south Seattle.
Currently, the dual bascule 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. Vessels of
5000 gross tons or more and vessels
enroute to tow such vessels may request
an opening at any time.
However, under this proposal,
between June 1 and October 1, 2005,
from Sunday to Friday, the draws need
not be opened for the passage of any
vessels from 9 p.m. to 5 a.m.
Furthermore, Vessels of 5000 gross tons
or more and vessels enroute to tow such
vessels must provide one-hour notice
for openings during the current
weekday closed periods. Vessels of this
size infrequently ply this reach of the
waterway. The dual spans open an
average of four times a day. Draw logs
show that up to 25% of openings have
happened during the proposed hours of
closure. Many of these vessels could
schedule movements to avoid these
periods.
Regulatory Evaluation
This proposed 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.
We reached this conclusion based on
the fact that 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 proposed rule would have
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Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Proposed Rules
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 proposed 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.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule will not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
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 proposed 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. The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
Protection of Children
We have analyzed this proposed 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.
Collection of Information
This proposed 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 proposed 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
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12:10 Jan 19, 2005
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Taking of Private Property
This proposed 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 proposed 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.
Indian Tribal Governments
This proposed 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 proposed 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
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3169
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
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 proposed rule
under Commandant Instruction
M16475.lD, 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
proposed 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 proposed action
that would require further analysis and
documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 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; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); section 117.255 also issued
under the authority of Pub. L. 102–587, 106
Stat. 5039.
2. From 9 p.m. on June 1, 2005 to 5
a.m. on October 1, 2005, in (§ 117.1041,
suspend paragraph (a)(1) and add a new
paragraph (a)(3) to read as follows:
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3170
§ 117.1041
Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Proposed Rules
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 vessels of 5000 gross tons or
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: January 11, 2005.
Jeffrey M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 05–1057 Filed 1–19–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[NV–FOA–124; FRL–7862–3]
Determination of Attainment for the
Ozone and Carbon Monoxide National
Ambient Air Quality Standards in
Washoe County, NV
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to
determine that the marginal one-hour
ozone nonattainment area that includes
all of Washoe County, Nevada has
attained the 1-hour ozone National
Ambient Air Quality Standard by the
applicable attainment date (1993) and
has continued to attain since that time.
EPA is also proposing to determine that
the moderate carbon monoxide
nonattainment area that includes the
Truckee Meadows area of Washoe
County has attained the carbon
monoxide National Ambient Air Quality
Standard by the applicable attainment
date (1995) and has continued to attain
since that time. EPA is proposing this
action to fulfill its obligations to make
such determinations under sections
179(c), 181(b)(2), and 186(b)(2) of the
Clean Air Act. The intended effect of
this action will be to relieve the State of
Nevada of the obligation to submit
revisions to the State Implementation
Plan to address additional requirements
under the Clean Air Act for the next
higher nonattainment classifications
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and to satisfy one of the five statutory
criteria for redesignation of these areas
from nonattainment to attainment.
DATES: Any comment on this proposal
must arrive by February 22, 2005.
ADDRESSES: Please address your
comments to Eleanor Kaplan, Air
Planning Office (AIR–2), U.S.
Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San
Francisco, CA 94105–3901 or e-mail to
kaplan.eleanor@epa.gov, or submit
comments at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Eleanor Kaplan, EPA Region IX at (415)
947–4147 or kaplan.eleanor@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’, ‘‘us’’, or ‘‘our’’ are used, we mean
the Environmental Protection Agency.
Table of Contents
I. Background
A. What National Ambient Air Quality
Standards (NAAQS) Are Considered in
Today’s Proposed Determination of
Attainment?
B. What Are the Current Designations and
Classifications in Washoe County With
Respect to the 1-Hour Ozone and Carbon
Monoxide NAAQS?
C. How Do We Make Attainment
Determinations?
II. Basis for EPA’s Proposed Action
A. How Did We Determine That the
Washoe County Monitoring Network Is
Adequate To Provide the Data Necessary
To Determine Whether the Area Has
Attained the Ozone and Carbon
Monoxide NAAQS?
B. How Did We Determine That Washoe
County Attained the 1-Hour Ozone
NAAQS by the Applicable Attainment
Date and Has Continued To Attain Since
Then?
C. How Did We Determine That the
Truckee Meadows Portion of Washoe
County Attained the Carbon Monoxide
NAAQS by the Applicable Attainment
Date and Has Continued To Attain Since
Then?
III. EPA’s Proposed Action
IV. Request for Public Comment
V. Administrative Requirements
I. Background
A. What National Ambient Air Quality
Standards (NAAQS) Are Considered in
Today’s Proposed Determination of
Attainment?
Ozone. Ozone is a gas composed of
three oxygen atoms. It is not usually
emitted directly into the air, but at
ground level is created by a chemical
reaction between oxides of nitrogen
(NOX) and volatile organic compounds
(VOC) in the presence of heat and
sunlight. Ozone has the same chemical
structure whether it occurs miles above
the earth or at ground level and can be
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‘‘good’’ or ‘‘bad,’’ depending on its
location in the atmosphere. ‘‘Good’’
ozone occurs naturally in the
stratosphere approximately 10 to 30
miles above the earth’s surface and
forms a layer that protects life on earth
from the sun’s harmful rays. In the
earth’s lower atmosphere, ground-level
ozone is considered ‘‘bad.’’
Ozone can irritate lung airways and
cause inflammation much like a
sunburn. Other symptoms include
wheezing, coughing, pain when taking a
deep breath, and breathing difficulties
during exercise or outdoor activities.
People with respiratory problems are
most vulnerable, but even healthy
people that are active outdoors can be
affected when ozone levels are high.
Repeated exposure to ozone pollution
for several months may cause
permanent lung damage. Anyone who
spends time outdoors in the summer is
at risk, particularly children and other
people who are active outdoors. Even at
very low levels, ground-level ozone
triggers a variety of health problems
including aggravated asthma, reduced
lung capacity, and increased
susceptibility to respiratory illnesses
like pneumonia and bronchitis.
The 1-hour ozone NAAQS is 0.12
parts per million (ppm), one-hour
average, not to be exceeded on average
more than 1 day per year over any 3year period. See 40 CFR 50.9 and
appendix H.
Carbon Monoxide. Carbon monoxide
(CO) is a colorless and odorless gas,
formed when carbon in fuel is not
burned completely. It is a component of
motor vehicle exhaust, which
contributes about 60 percent of all CO
emissions nationwide. Nonroad vehicles
account for the remaining CO emissions
from transportation sources.
CO can cause harmful health effects
by reducing oxygen delivery to the
body’s organs (like the heart and brain)
and tissues. The health threat from
lower levels of CO is most serious for
those who suffer from heart disease, like
angina, clogged arteries, or congestive
heart failure. For a person with heart
disease, a single exposure to CO at low
levels may cause chest pain and reduce
that person’s ability to repeated
exposures and may contribute to other
cardiovascular effects.
Even healthy people can be affected
by high levels of CO. People who
breathe high levels of CO can develop
vision problems, reduced ability to work
or learn, reduced manual dexterity, and
difficulty performing complex tasks. At
extremely high levels, CO is poisonous
and can cause death.
CO NAAQS are for 1-hour and 8-hour
periods and are not to be exceeded more
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]]>Agencies
[Federal Register Volume 70, Number 13 (Friday, January 21, 2005)]
[Proposed Rules]
[Pages 3168-3170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1057]
[[Page 3168]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD13-04-047]
RIN 1625-AA09
Drawbridge Operation Regulations; Duwamish Waterway, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily change the operating
regulations for the First Avenue South dual drawbridges across the
Duwamish Waterway, mile 2.5, at Seattle, Washington. The proposed
change would enable the bridge owner to keep the bridges closed during
night hours for a 4-month period. This would facilitate painting the
structure while properly containing debris and paint.
DATES: Comments and related material must reach the Coast Guard on or
before March 22, 2005.
ADDRESSES: You may mail comments and related material to Commander
(oan), 13th Coast Guard District, 915 Second Avenue, Seattle, WA 98174-
1067 where the public docket for this rulemaking is maintained.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the Aids to Navigation and Waterways Management Branch
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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD13-04-
047], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Aids to Navigation and
Waterways Management Branch at the address under ADDRESSES explaining
why one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
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. An adjacent, parallel bascule bridge was constructed and
completed in 1999. Drawbridge openings are provided for recreational
vessels, large barges, and floating construction equipment.
The operating regulations currently in effect for these drawbridges
at 33 CFR 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 on all Federal holidays but Columbus Day. The
draws must 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 proposed temporary rule would 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 would have to be removed or partially dismantled for
drawspan openings. Therefore, the bridge owner has requested periods in
which the work may proceed without frequent interruption.
Discussion of Proposed Rule
This proposed rule would allow the bridge to remain closed to
navigation from 9 p.m. to 5 a.m. Sunday through Friday from June 1 to
October 1, 2005. One-hour notice would be required for openings during
the currently established weekday closed periods discussed below.
Preliminary analysis indicates that most vessel operators will not
be inconvenienced by the hours of temporary closure. Others would
receive enough notice to plan trips at other hours. Vessel traffic
includes tugboats, barges, derrick barges, sailboats and motorized
recreational boats including large yachts. The majority of vessels pass
through the dual bascule spans during hours other than the proposed
closure times.
First Avenue South is a heavily traveled commuter arterial that
serves Boeing Company plants and other industrial facilities in south
Seattle. Currently, the dual bascule 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. Vessels of 5000 gross tons or more and vessels
enroute to tow such vessels may request an opening at any time.
However, under this proposal, between June 1 and October 1, 2005,
from Sunday to Friday, the draws need not be opened for the passage of
any vessels from 9 p.m. to 5 a.m. Furthermore, Vessels of 5000 gross
tons or more and vessels enroute to tow such vessels must provide one-
hour notice for openings during the current weekday closed periods.
Vessels of this size infrequently ply this reach of the waterway. The
dual spans open an average of four times a day. Draw logs show that up
to 25% of openings have happened during the proposed hours of closure.
Many of these vessels could schedule movements to avoid these periods.
Regulatory Evaluation
This proposed 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.
We reached this conclusion based on the fact that 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 proposed rule would have
[[Page 3169]]
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 proposed
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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 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 proposed rule under Commandant Instruction
M16475.lD, 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 proposed 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 proposed action that would require further analysis
and documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From 9 p.m. on June 1, 2005 to 5 a.m. on October 1, 2005, in
(Sec. 117.1041, suspend paragraph (a)(1) and add a new paragraph
(a)(3) to read as follows:
[[Page 3170]]
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
vessels of 5000 gross tons or 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: January 11, 2005.
Jeffrey M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 05-1057 Filed 1-19-05; 8:45 am]
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