Drawbridge Operation Regulation; Chehalis, Hoquiam, and Wishkah Rivers, Aberdeen and Hoquiam, WA, Schedule Change, 71983-71986 [E8-28135]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 229 / Wednesday, November 26, 2008 / Proposed Rules
DC 20503 [Attention: Desk Officer for
the Federal Energy Regulatory
Commission], e-mail:
oira_submission@omb.eop.gov.
IV. Environmental Analysis
56. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.45 The Commission has
categorically excluded certain actions
from this requirement as not having a
significant effect on the human
environment. Included in the exclusion
are rules that are clarifying, corrective,
or procedural or that do not
substantially change the effect of the
regulations being amended.46 The
actions proposed herein fall within this
categorical exclusion in the
Commission’s regulations.
V. Regulatory Flexibility Act
Certification
VI. Comment Procedures
jlentini on PROD1PC65 with PROPOSALS
57. The Regulatory Flexibility Act of
1980 (RFA) 47 generally requires a
description and analysis of final rules
that will have significant economic
impact on a substantial number of small
entities. The RFA mandates
consideration of regulatory alternatives
that accomplish the stated objectives of
a proposed rule and that minimize any
significant economic impact on a
substantial number of small entities.
The Small Business Administration’s
Office of Size Standards develops the
numerical definition of a small
business. (See 13 CFR 121.201.) For
electric utilities, a firm is small if,
including its affiliates, it is primarily
engaged in the transmission, generation
and/or distribution of electric energy for
sale and its total electric output for the
preceding twelve months did not exceed
four million megawatt hours.
58. In drafting a rule an agency is
required to: (1) Assess the effect that its
regulation will have on small entities;
(2) analyze effective alternatives that
may minimize a regulation’s impact;
and (3) make the analyses available for
public comment.48 In its NOPR, the
agency must either include an initial
regulatory flexibility analysis (initial
RFA) 49 or certify that the proposed rule
will not have a ‘‘significant impact on
45 Order
No. 486, Regulations Implementing the
National Environmental Policy Act of 1969, 52 FR
47,897 (Dec. 17, 1987), FERC Stats. & Regs.,
Regulations Preambles 1986–1990 ¶ 30,783 (1987).
46 18 CFR 380.4(a)(2)(ii).
47 5 U.S.C. 601–612.
48 5 U.S.C. 601–604.
49 5 U.S.C. 603(a).
VerDate Aug<31>2005
17:02 Nov 25, 2008
Jkt 217001
a substantial number of small
entities.’’ 50
59. As noted above, the Commission
has determined that the regional
Reliability Standard will not impose any
new burden on balancing authorities
within the Western Interconnection, as
the practice has been used in the region
since 2003. Further, the regional
reliability standard would apply to
about 35 balancing areas in the Western
Interconnection. The Commission
estimates that of these balancing areas,
approximately two to four qualify as
small entities, because the total electric
output of each of these entities for the
preceding twelve months did not exceed
four million megawatt hours. Thus, few
small entities are impacted by the
proposed rule. Therefore, the
Commission certifies, for informational
purposes only, that the regional
Reliability Standard will not have a
significant impact on a substantial
number of small entities.
60. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due January 12, 2009.
Comments must refer to Docket No.
RM08–12–000, and must include the
commenter’s name, the organization
they represent, if applicable, and their
address in their comments.
61. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
Web site at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
62. Commenters that are not able to
file comments electronically must send
an original and 14 copies of their
comments to: Federal Energy Regulatory
Commission, Secretary of the
Commission, 888 First Street, NE.,
Washington, DC 20426.
63. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
50 5
PO 00000
U.S.C. 605(b).
Frm 00036
Fmt 4702
Sfmt 4702
71983
VII. Document Availability
64. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through
FERC’s Home Page (https://www.ferc.gov)
and in FERC’s Public Reference Room
during normal business hours (8:30 a.m.
to 5 p.m. Eastern time) at 888 First
Street, NE., Room 2A, Washington, DC
20426.
65. From FERC’s Home Page on the
Internet, this information is available on
eLibrary. The full text of this document
is available on eLibrary in PDF and
Microsoft Word format for viewing,
printing, and/or downloading. To access
this document in eLibrary, type the
docket number excluding the last three
digits of this document in the docket
number field.
66. User assistance is available for
eLibrary and the FERC’s website during
normal business hours from FERC
Online Support at 202–502–6652 (toll
free at 1–866–208–3676) or email at
ferconlinesupport@ferc.gov, or the
Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. E-mail the
Public Reference Room at
public.referenceroom@ferc.gov.
List of Subjects in 18 CFR Part 40
Electric power, Electric utilities,
Reporting and recordkeeping
requirements.
By direction of the Commission.
Kimberly D. Bose,
Secretary.
[FR Doc. E8–28088 Filed 11–25–08; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2008–1095]
RIN 1625–AA09
Drawbridge Operation Regulation;
Chehalis, Hoquiam, and Wishkah
Rivers, Aberdeen and Hoquiam, WA,
Schedule Change
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
modify the drawbridge operation
regulation for the Washington State
drawbridges across the Chehalis,
Hoquiam, and Wishkah Rivers at Grays
E:\FR\FM\26NOP1.SGM
26NOP1
71984
Federal Register / Vol. 73, No. 229 / Wednesday, November 26, 2008 / Proposed Rules
Harbor, Washington. The change is
necessary to reduce staffing
requirements during the night when
openings are infrequent. The rule will
do so by modifying the number of hours
of advance notice required for draw
openings and establishing the telephone
as the only means of contact for
openings at night.
DATES: Comments and related material
must reach the Coast Guard on or before
January 26, 2009.
ADDRESSES: You may submit comments
identified by the Coast Guard docket
number USCG–2008–1095 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call Austin Pratt, Chief, Bridge
Section, Waterways Management
Branch, 13th Coast Guard District,
telephone 206–220–7282. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
jlentini on PROD1PC65 with PROPOSALS
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking USCG–2008–1095, indicate
the specific section of this document to
which each comment applies, and give
VerDate Aug<31>2005
17:02 Nov 25, 2008
Jkt 217001
the reason for each comment. We
recommend that you include your name
and a mailing address, an e-mail
address, or a phone number in the body
of your document so that we can contact
you if we have questions regarding your
submission. You may submit your
comments and material by electronic
means, mail, fax, or delivery to the
Docket Management Facility at the
address under ADDRESSES; but please
submit your comments and material by
only one means. If you submit them by
mail or delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit them by
mail and would like to know that they
reached the Facility, 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.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2008–1095) in the
search box, and click ‘‘Go>>.’’ You may
also visit either the Docket Management
Facility in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays or the 13th
Coast Guard District Waterways
Management Branch at 915 Second
Avenue, Seattle, WA 98174–1067
between 7:30 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public
meeting, but you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that a public
meeting would aid this rulemaking, we
will hold one at a time and place
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
announced by a later notice in the
Federal Register.
Background and Purpose
The proposed rule will enable the
Washington State Department of
Transportation, the owner of the
drawbridges across the Chehalis,
Hoquiam, and Wishkah Rivers at Grays
Harbor, Washington, to reduce the
staffing of the Chehalis Bridge, which
currently maintains a radio watch
during the night hours when advance
notice is required for openings of the
draws of all of those bridges.
One-hour notice is currently required
for openings of the Chehalis River
Bridge from one hour after sunset to one
hour before sunrise and for all openings
of the Simpson Avenue Bridge,
Hoquiam River mile 0.5, the Riverside
Avenue Bridge, Hoquiam River mile 0.9,
the Heron Street Bridge, Wishkah River
mile 0.2, and the Wishkah Street Bridge,
Wishkah River, mile 0.4.
The reduction in staffing is
appropriate because the draws of those
bridges rarely have to been opened
during the period affected. In fact,
during the entire year of 2007 only 50
openings were requested for the bridges
between 9 p.m. and 5 a.m., which
equates to an average of less than one
opening per week during those hours.
Furthermore, most of the requests were
made by telephone.
Discussion of Proposed Rule
The proposed rule will amend 33 CFR
117.1031 by changing the hours when
advanced notification is required to
open the draw of the Chehalis Bridge
from one hour after sunset to one hour
before sunrise. This would be changed
to 9 p.m. to 5 a.m. The proposed rule
will also limit the means of advance
notification to telephone alone and
change the sound signal to request an
opening of the draw of the bridge from
5 a.m. to 9 p.m. from two short blasts
followed by one prolonged blast to the
general signal of one prolonged blast
followed by one short blast.
The proposed rule will amend 33 CFR
117.1047 and 117.1065 so that the
means of notification to request an
opening of the draw of the Simpson
Avenue Bridge, Riverside Avenue
Bridge, Heron Street Bridge, or Wishkah
Street Bridge will be limited to
telephone alone.
These changes are necessary to allow
the Washington State Department of
Transportation to reduce the staffing of
the Chehalis Bridge as noted above.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
E:\FR\FM\26NOP1.SGM
26NOP1
Federal Register / Vol. 73, No. 229 / Wednesday, November 26, 2008 / Proposed Rules
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary. We reached this
conclusion because the draws of the
bridges rarely have to been opened
during the period affected, the draws
will still be opened in a reasonable
amount of time, and most vessel
operators already use the telephone to
request openings of the draws.
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, Waterways
Management Branch, 13th Coast Guard
District, 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.).
jlentini on PROD1PC65 with PROPOSALS
Small Entities
Federalism
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities. This proposed rule would affect
the following entities, some of which
might be small entities: The owners or
operators of vessels needing to transit
the bridges during the period affected.
This action will not have a significant
economic impact on a substantial
number of small entities, however,
because the bridges rarely have to be
opened during the period affected, the
draws will still be opened in a
reasonable amount of time, and most
vessel operators already use the
telephone to request openings of the
draws.
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.
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.
VerDate Aug<31>2005
17:02 Nov 25, 2008
Jkt 217001
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,
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
71985
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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
E:\FR\FM\26NOP1.SGM
26NOP1
71986
Federal Register / Vol. 73, No. 229 / Wednesday, November 26, 2008 / Proposed Rules
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 made a preliminary determination
that this action is not likely to have a
significant effect on the human
environment because it simply
promulgates the operating regulations or
procedures for drawbridges. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.1031 to read as
follows:
Chehalis River.
The draw of the SR 101 highway
bridge, mile 0.1, at Aberdeen shall open
on signal from 5 a.m. to 9 p.m., except
that from 7:15 a.m. to 8:15 a.m. and 4:15
p.m. to 5:15 p.m., Monday through
Friday, except federal holidays, the
draw need not open for vessels of less
than 5000 gross tons. At all other times,
the draw shall open on signal if at least
one hour notice is given by telephone to
the Washington State Department of
Transportation. The opening signal is
one prolonged blast followed by one
short blast.
3. In § 117.1047 revise paragraphs (c)
and (d) to read as follows:
Hoquiam River.
jlentini on PROD1PC65 with PROPOSALS
*
*
*
*
*
(c) The draw of the Simpson Avenue
Bridge, mile 0.5, at Hoquiam, shall open
on signal if at least one hour notice is
given by telephone to the Washington
State Department of Transportation. The
opening signal is two prolonged blasts
followed by one short blast.
(d) The draw of the Riverside Avenue
Bridge, mile 0.9, at Hoquiam, shall open
on signal if at least one hour notice is
given by telephone to the Washington
State Department of Transportation. The
opening signal is two prolonged blasts
followed by two short blasts.
VerDate Aug<31>2005
17:02 Nov 25, 2008
Jkt 217001
Wishkah River.
*
*
*
*
*
(c) The draw of the Heron Street
Bridge, mile 0.2 and the Wishkah Street
Bridge, mile 0.4, at Aberdeen, shall
open on signal if at least one hour notice
is given by telephone to the Washington
State Department of Transportation. The
opening signal for both bridges is one
prolonged blast followed by two short
blasts.
Dated: November 12, 2008.
J.P. Currier,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. E8–28135 Filed 11–25–08; 8:45 am]
BILLING CODE 4910–15–P
34 CFR Part 5
1. The authority citation for part 117
continues to read as follows:
§ 117.1047
§ 117.1065
DEPARTMENT OF EDUCATION
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
§ 117.1031
4. In § 117.1065 revise paragraph (c)
to read as follows:
RIN 1880–AA84
[Docket ID ED–2008–OM–0011]
Availability of Information to the Public
Office of Management,
Department of Education.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Secretary proposes to
amend the regulations governing the
Department’s compliance with the
Freedom of Information Act, as
amended (FOIA or the Act). The
proposed regulations are intended to
update the Department’s current
regulations to reflect the changes in the
FOIA over recent years.
DATES: We must receive your comments
on or before December 26, 2008.
Comments received after this date will
not be considered.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments by fax or by e-mail. Please
submit your comments only one time, in
order to ensure that we do not receive
duplicate copies. In addition, please
include the Docket ID at the top of your
comments.
The Department scans all first-class
and priority mail using an irradiation
process, which can result in lengthy
delays in mail delivery. Please keep this
in mind when submitting your
comments and consider using the
Federal eRulemaking Portal, commercial
delivery services, or hand delivery.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov to submit
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
your comments electronically.
Information on using Regulations.gov,
including instructions for accessing
agency documents, submitting
comments, and viewing the docket, is
available on the site under ‘‘How To Use
This Site.’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about these proposed
regulations, address them to Delores J.
Barber, U.S. Department of Education,
400 Maryland Avenue, SW.,
Washington, DC 20202–4536.
Privacy Note: The Department’s
policy for comments received from
members of the public (including those
comments submitted by mail,
commercial delivery, or hand delivery)
is to make these submissions available
for public viewing in their entirety on
the Federal eRulemaking Portal at
https://www.regulations.gov. Therefore,
commenters should be careful to
include, in their comments, only
information that they wish to make
publicly available on the Internet.
FOR FURTHER INFORMATION CONTACT:
Delores J. Barber, U.S. Department of
Education, 400 Maryland Avenue, SW.,
Washington, DC 20202–4536.
Telephone: (202) 401–8365 or via
Internet: EDFOIAManager@ed.gov.
If you use a telecommunications
device for the deaf (TDD), you may call
the Federal Relay Service (FRS) at 1–
800–877–8339.
Individuals with disabilities may
obtain this document in an alternative
format (e.g., Braille, large print,
audiotape, or computer diskette) on
request to the contact person listed
under FOR FURTHER INFORMATION
CONTACT.
SUPPLEMENTARY INFORMATION:
Invitation to Comment
We invite you to submit comments
regarding these proposed regulations.
To ensure that your comments have
maximum effect in developing the final
regulations, we urge you to identify
clearly the specific section or sections of
the proposed regulations that each of
your comments addresses and to arrange
your comments in the same order as the
proposed regulations.
We invite you to assist us in
complying with the specific
requirements of Executive Order 12866
and its overall requirement of reducing
regulatory burden that might result from
these proposed regulations. Please let us
know of any further opportunities we
should take to reduce potential costs or
increase potential benefits while
preserving the effective and efficient
administration of the FOIA program.
E:\FR\FM\26NOP1.SGM
26NOP1
]]>Agencies
[Federal Register Volume 73, Number 229 (Wednesday, November 26, 2008)]
[Proposed Rules]
[Pages 71983-71986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28135]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2008-1095]
RIN 1625-AA09
Drawbridge Operation Regulation; Chehalis, Hoquiam, and Wishkah
Rivers, Aberdeen and Hoquiam, WA, Schedule Change
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the drawbridge operation
regulation for the Washington State drawbridges across the Chehalis,
Hoquiam, and Wishkah Rivers at Grays
[[Page 71984]]
Harbor, Washington. The change is necessary to reduce staffing
requirements during the night when openings are infrequent. The rule
will do so by modifying the number of hours of advance notice required
for draw openings and establishing the telephone as the only means of
contact for openings at night.
DATES: Comments and related material must reach the Coast Guard on or
before January 26, 2009.
ADDRESSES: You may submit comments identified by the Coast Guard docket
number USCG-2008-1095 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Austin Pratt, Chief, Bridge Section, Waterways Management
Branch, 13th Coast Guard District, telephone 206-220-7282. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking USCG-2008-1095, indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, 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.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-1095)
in the search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays or the 13th Coast Guard District Waterways Management Branch
at 915 Second Avenue, Seattle, WA 98174-1067 between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
a public meeting 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 proposed rule will enable the Washington State Department of
Transportation, the owner of the drawbridges across the Chehalis,
Hoquiam, and Wishkah Rivers at Grays Harbor, Washington, to reduce the
staffing of the Chehalis Bridge, which currently maintains a radio
watch during the night hours when advance notice is required for
openings of the draws of all of those bridges.
One-hour notice is currently required for openings of the Chehalis
River Bridge from one hour after sunset to one hour before sunrise and
for all openings of the Simpson Avenue Bridge, Hoquiam River mile 0.5,
the Riverside Avenue Bridge, Hoquiam River mile 0.9, the Heron Street
Bridge, Wishkah River mile 0.2, and the Wishkah Street Bridge, Wishkah
River, mile 0.4.
The reduction in staffing is appropriate because the draws of those
bridges rarely have to been opened during the period affected. In fact,
during the entire year of 2007 only 50 openings were requested for the
bridges between 9 p.m. and 5 a.m., which equates to an average of less
than one opening per week during those hours. Furthermore, most of the
requests were made by telephone.
Discussion of Proposed Rule
The proposed rule will amend 33 CFR 117.1031 by changing the hours
when advanced notification is required to open the draw of the Chehalis
Bridge from one hour after sunset to one hour before sunrise. This
would be changed to 9 p.m. to 5 a.m. The proposed rule will also limit
the means of advance notification to telephone alone and change the
sound signal to request an opening of the draw of the bridge from 5
a.m. to 9 p.m. from two short blasts followed by one prolonged blast to
the general signal of one prolonged blast followed by one short blast.
The proposed rule will amend 33 CFR 117.1047 and 117.1065 so that
the means of notification to request an opening of the draw of the
Simpson Avenue Bridge, Riverside Avenue Bridge, Heron Street Bridge, or
Wishkah Street Bridge will be limited to telephone alone.
These changes are necessary to allow the Washington State
Department of Transportation to reduce the staffing of the Chehalis
Bridge as noted above.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and
[[Page 71985]]
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. We reached
this conclusion because the draws of the bridges rarely have to been
opened during the period affected, the draws will still be opened in a
reasonable amount of time, and most vessel operators already use the
telephone to request openings of the draws.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels needing to transit the bridges during the period
affected. This action will not have a significant economic impact on a
substantial number of small entities, however, because the bridges
rarely have to be opened during the period affected, the draws will
still be opened in a reasonable amount of time, and most vessel
operators already use the telephone to request openings of the draws.
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, Waterways Management Branch, 13th Coast Guard District, 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
[[Page 71986]]
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 made a preliminary determination that this action is not likely to
have a significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
List of Subjects in 33 CFR Part 117
Bridges.
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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
2. Revise Sec. 117.1031 to read as follows:
Sec. 117.1031 Chehalis River.
The draw of the SR 101 highway bridge, mile 0.1, at Aberdeen shall
open on signal from 5 a.m. to 9 p.m., except that from 7:15 a.m. to
8:15 a.m. and 4:15 p.m. to 5:15 p.m., Monday through Friday, except
federal holidays, the draw need not open for vessels of less than 5000
gross tons. At all other times, the draw shall open on signal if at
least one hour notice is given by telephone to the Washington State
Department of Transportation. The opening signal is one prolonged blast
followed by one short blast.
3. In Sec. 117.1047 revise paragraphs (c) and (d) to read as
follows:
Sec. 117.1047 Hoquiam River.
* * * * *
(c) The draw of the Simpson Avenue Bridge, mile 0.5, at Hoquiam,
shall open on signal if at least one hour notice is given by telephone
to the Washington State Department of Transportation. The opening
signal is two prolonged blasts followed by one short blast.
(d) The draw of the Riverside Avenue Bridge, mile 0.9, at Hoquiam,
shall open on signal if at least one hour notice is given by telephone
to the Washington State Department of Transportation. The opening
signal is two prolonged blasts followed by two short blasts.
4. In Sec. 117.1065 revise paragraph (c) to read as follows:
Sec. 117.1065 Wishkah River.
* * * * *
(c) The draw of the Heron Street Bridge, mile 0.2 and the Wishkah
Street Bridge, mile 0.4, at Aberdeen, shall open on signal if at least
one hour notice is given by telephone to the Washington State
Department of Transportation. The opening signal for both bridges is
one prolonged blast followed by two short blasts.
Dated: November 12, 2008.
J.P. Currier,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. E8-28135 Filed 11-25-08; 8:45 am]
BILLING CODE 4910-15-P
