Drawbridge Operation Regulation; Snohomish River, Steamboat Slough, and Ebey Slough; Everett and Marysville, WA, 58933-58936 [E9-27355]
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Federal Register / Vol. 74, No. 219 / Monday, November 16, 2009 / Proposed Rules
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.
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. Amend § 117.871 to read as
follows:
§ 117.871
Coos Bay.
The draw of the Port of Coos Bay
railroad bridge, mile 9.0 at North Bend,
shall be maintained in the fully open
position, except for the crossing of
trains or maintenance.
Dated: October 15, 2009.
G.T. Blore,
Rear Admiral, U.S. Coast Guard Commander,
Thirteenth Coast Guard District.
[FR Doc. E9–27354 Filed 11–13–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2009–0838]
RIN 1625–AA09
Drawbridge Operation Regulation;
Snohomish River, Steamboat Slough,
and Ebey Slough; Everett and
Marysville, WA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
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Environment
ACTION:
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01,
and 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 one of a category of
actions which do not individually or
cumulatively 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 proposed rule.
SUMMARY: The Coast Guard proposes to
modify the drawbridge operation
regulation for the Burlington Northern
Santa Fe Railroad drawbridge across
Ebey Slough, mile 1.5, in Marysville,
Washington so that two-hour notice
would be required to open the bridge
from 3:30 p.m. to 7 a.m. every day. The
bridge will be opened on signal at all
other times. The modification is
necessary to allow Burlington Northern
Santa Fe Railroad to reduce staffing of
the bridge during periods requiring
infrequent openings. The Coast Guard is
also proposing additional minor
changes to the drawbridge operation
regulations covering the Snohomish
River system to delete obsolete
requirements.
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DATES: Comments and related material
must reach the Coast Guard on or before
January 15, 2010.
ADDRESSES: You may submit comments
identified by the Coast Guard docket
number USCG–2009–0838 using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) 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.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these methods. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
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, e-mail
william.a.pratt@uscg.mil. 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.
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking USCG–2009–0838, indicate
the specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. You may submit your
comments and material online (https://
www.regulations.gov), or by fax, mail or
hand delivery, but please use only one
of these means. If submit a comment
online via https://www.regulations.gov, it
will be considered received by the Coast
Guard when you successfully transmit
the comment. If you fax, hand deliver or
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mail your comment, it will be
considered received by the Coast Guard
when it is received at the Docket
Management Facility. 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.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rules’’ and insert
‘‘USCG–2009–0838’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail
or hand 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 and may change
the rule based on them.
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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, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2009–
0838’’ and click ‘‘Search’’. Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. 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.
We have an agreement with the
Department of Transportation to use the
Docket Management Facility.
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 a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting, but you may submit a request
using one of the four methods under
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ADDRESSES.
Please explain 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 proposed rule would modify the
drawbridge operation regulation for the
Burlington Northern Santa Fe Railroad
drawbridge across Ebey Slough, mile
1.5, in Marysville, Washington so that
two-hour notice would be required to
open the bridge from 3:30 p.m. to 7 a.m.
every day. The bridge will be opened on
signal at all other times. The railroad
company requested this change to
reduce staffing of the drawbridge during
periods requiring infrequent openings.
The operating regulations currently in
effect for the Ebey Slough Railroad
Bridge are found at 33 CFR part 117,
subpart A, the general operating
regulations for drawbridges. The
regulations require the bridge to open
promptly on signal at any time, which
requires constant presence of a
drawtender.
The modification would make the
regulations consistent with most of the
other drawbridges in the lower
Snohomish River system between
Marysville and Everett, Washington. In
2008 the draw opened 128 times for
vessels. For the first five months of 2009
the draw opened 95 times for vessels.
These records indicate that the bridge
opens on average less than once a day.
Most vessels that require the swing span
to open are recreational vessels and
occasionally tugboats.
The Coast Guard is also proposing
additional minor changes to the
drawbridge operation regulations
covering the Snohomish River system to
delete obsolete requirements.
Discussion of Proposed Rule
The Coast Guard proposes to amend
33 CFR 117.1059 by adding a
drawbridge operation regulation for the
Burlington Northern Santa Fe Railroad
drawbridge across Ebey Slough, mile
1.5, in Marysville, Washington to
require two-hour notice to open the
bridge from 3:30 p.m. to 7 a.m. every
day. The bridge will be opened on
signal at all other times.
The Coast Guard also proposes to
change the regulations found in 33 CFR
117.1059 to delete obsolete
requirements for the bridges over the
Snohomish River, Steamboat Slough,
and Ebey Slough. The changes include
the deletion of special sound signals for
the inability of the draw to open. The
standard danger signal of five short
blasts in rapid succession would be
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used instead as codified in the general
regulations for drawbridge operations at
Part 117.5 of 33 Code of Federal
Regulations.
The requirement to toll a bell in fog
when draws are open for vessel passage
would also be deleted along with the
requirement for constant attendance of
drawtenders during freshets at those
bridges that are otherwise required to
have drawtenders present only to
operate upon notice to open.
The foregoing are not general
requirements at drawbridges. They were
established decades ago when
commercial navigation, especially log
towing, was more frequent on the
braided stream system of the lower
Snohomish. Improvements in
navigation, such as radio and radar,
have greatly reduced the need for these
measures. The constant attendance of
drawtenders during freshets is not
needed because there is less traffic in
these waterways than when the original
regulations were established.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
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. The Coast
Guard has made this finding based on
the fact that the changes proposed will
have little, if any, impact on the ability
of vessels to transit the areas affected.
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
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might be small entities: The owners and
operators of vessels needing to transit
under the bridges affected. The rule will
not have a significant economic impact
on a substantial number of small
entities, however, because the changes
proposed will have little, if any, impact
on the ability of vessels to transit under
those bridges.
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).
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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
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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
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58935
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.
Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01,
and 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 one of a category of
actions which do not individually or
cumulatively 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 proposed 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 § 117.1059 to read as
follows:
§ 117.1059 Drawbridge Operation
Regulation; Snohomish River, Steamboat
Slough, and Ebey Slough; Everett and
Marysville, WA.
(a) The draws of the twin, SR529
highway bridges across the Snohomish
River, mile 3.6, at Everett shall open on
signal if at least one-hour notice is
given. Monday through Friday, notice
for opening shall be given to the
drawtender at the SR529 highway
bridge across Ebey Slough, at
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Marysville, and at all other times to the
drawtender at the twin SR529 highway
bridges at Everett.
(b) The draw of the SR2 highway
bridge across the Snohomish River, mile
6.9, at Everett, shall open on signal if at
least four hours notice is given.
(c) The draw of the Burlington
Northern Santa Fe railroad bridge across
the Snohomish River, mile 15.5, at
Snohomish need not open for the
passage of vessels.
(d) The draw of the Burlington
Northern Santa Fe railroad bridge across
Steamboat Slough, mile 1.0, near
Marysville, shall open on signal if at
least four hours notice is given.
(e) The draws of the twin, SR529
highway bridges across Steamboat
Slough, miles 1.1 and 1.2, near
Marysville shall open on signal if at
least four hours notice is given. Monday
through Friday, notice for openings
shall be given to the drawtender at the
SR529 highway bridge across Ebey
Slough, at Marysville, and at all other
times to the drawtender at the twin
SR529 highway bridges at Everett.
(f) The draw of the Burlington
Northern Santa Fe railroad bridge across
Ebey Slough, mile 1.5, at Marysville
shall open on signal if two hours notice
is given from 3:30 p.m. to 7 a.m. and
promptly on signal at all other times.
(g) The draws of the SR529 highway
bridge across Ebey Slough, mile 1.6, at
Marysville, shall open on signal if at
least one hour notice is given. Monday
through Friday, notice for openings
shall be given to the drawtender at this
bridge and at all other times to the
drawtender at the SR529 highway
bridges across the Snohomish River at
Everett.
Dated: October 15, 2009.
G.T. Blore,
Rear Admiral, U.S. Coast Guard Commander,
Thirteenth Coast Guard District.
[FR Doc. E9–27355 Filed 11–13–09; 8:45 am]
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BILLING CODE 9110–04–P
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 09–2270; MB Docket No. 09–189; RM–
11564]
Radio Broadcasting Services, Kahuku,
HI
AGENCY: Federal Communications
Commission.
ACTION: Proposed rule.
SUMMARY: The Audio Division seeks
comments on a petition filed by Kona
Coast Radio, LLC, proposing the
allotment of FM Channel 296C3 at
Kahuku, Hawaii. The reference
coordinates for Channel 296C3 at
Kahuku are 21–40–48 NL and 157–57–
03 WL.
DATES: Comments must be filed on or
before December 14, 2009, and reply
comments on or before December 29,
2009.
Federal Communications
Commission, 445 12th Street, SW,
Washington, DC 20554. In addition to
filing comments with the FCC interested
parties should serve the petitioner, as
follows: Victor A. Michael, Jr., 87 Jasper
Lake Road, Loveland, CO 80537
(Principal of Petitioner).
FOR FURTHER INFORMATION CONTACT:
Andrew J. Rhodes, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rule Making, MB Docket No.
09–189, adopted October 21, 2009, and
released October 23, 2009. The full text
of this Commission document is
available for inspection and copying
during normal business hours in the
FCC Reference Information Center
(Room CY–A257), 445 12th Street, SW.,
Washington, DC.
The complete text of this decision
may also be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street,
SW, Room CY–B402, Washington, DC
20554, 800–378–3160 or via the
ADDRESSES:
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company’s website, https://
www.bcpiweb.com.
This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13. In addition, therefore, it does not
contain any proposed information
collection burden ’’for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Provisions of the Regulatory
Flexibility Act of 180 do not apply to
this proceeding.
Members of the public should note
that from the time a Notice of Proposed
Rule Making is issued until the matter
is no longer subject to Commission
consideration or court review, all ex
parte contacts are prohibited in
Commission proceedings, such as this
one, which involve channel allotments.
See 47 CFR 1.1204(b) for rules
governing permissible ex parte contact.
For information regarding proper filing
procedures for comments, see 47 CFR
1.4125 and 1.420.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 73 as follows:
PART 73 – RADIO BRAODCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Hawaii, is amended
by adding Kahuku, Channel 296C3.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E9–27368 Filed 11–13–09; 8:45 am]
BILLING CODE 6712–01–S
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]]>Agencies
[Federal Register Volume 74, Number 219 (Monday, November 16, 2009)]
[Proposed Rules]
[Pages 58933-58936]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27355]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0838]
RIN 1625-AA09
Drawbridge Operation Regulation; Snohomish River, Steamboat
Slough, and Ebey Slough; Everett and Marysville, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the drawbridge operation
regulation for the Burlington Northern Santa Fe Railroad drawbridge
across Ebey Slough, mile 1.5, in Marysville, Washington so that two-
hour notice would be required to open the bridge from 3:30 p.m. to 7
a.m. every day. The bridge will be opened on signal at all other times.
The modification is necessary to allow Burlington Northern Santa Fe
Railroad to reduce staffing of the bridge during periods requiring
infrequent openings. The Coast Guard is also proposing additional minor
changes to the drawbridge operation regulations covering the Snohomish
River system to delete obsolete requirements.
DATES: Comments and related material must reach the Coast Guard on or
before January 15, 2010.
ADDRESSES: You may submit comments identified by the Coast Guard docket
number USCG-2009-0838 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) 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.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.
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, e-mail
william.a.pratt@uscg.mil. 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.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking USCG-2009-0838, indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (https://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If submit a comment online via
https://www.regulations.gov, it will be considered received by the Coast
Guard when you successfully transmit the comment. If you fax, hand
deliver or
[[Page 58934]]
mail your comment, it will be considered received by the Coast Guard
when it is received at the Docket Management Facility. 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.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2009-0838'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column.
If you submit your comments by mail or hand 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 and may change the rule
based on 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,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2009-0838'' and click
``Search''. Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request using one of the four methods under ADDRESSES. Please explain
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 proposed rule would modify the drawbridge operation regulation
for the Burlington Northern Santa Fe Railroad drawbridge across Ebey
Slough, mile 1.5, in Marysville, Washington so that two-hour notice
would be required to open the bridge from 3:30 p.m. to 7 a.m. every
day. The bridge will be opened on signal at all other times. The
railroad company requested this change to reduce staffing of the
drawbridge during periods requiring infrequent openings.
The operating regulations currently in effect for the Ebey Slough
Railroad Bridge are found at 33 CFR part 117, subpart A, the general
operating regulations for drawbridges. The regulations require the
bridge to open promptly on signal at any time, which requires constant
presence of a drawtender.
The modification would make the regulations consistent with most of
the other drawbridges in the lower Snohomish River system between
Marysville and Everett, Washington. In 2008 the draw opened 128 times
for vessels. For the first five months of 2009 the draw opened 95 times
for vessels. These records indicate that the bridge opens on average
less than once a day. Most vessels that require the swing span to open
are recreational vessels and occasionally tugboats.
The Coast Guard is also proposing additional minor changes to the
drawbridge operation regulations covering the Snohomish River system to
delete obsolete requirements.
Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR 117.1059 by adding a
drawbridge operation regulation for the Burlington Northern Santa Fe
Railroad drawbridge across Ebey Slough, mile 1.5, in Marysville,
Washington to require two-hour notice to open the bridge from 3:30 p.m.
to 7 a.m. every day. The bridge will be opened on signal at all other
times.
The Coast Guard also proposes to change the regulations found in 33
CFR 117.1059 to delete obsolete requirements for the bridges over the
Snohomish River, Steamboat Slough, and Ebey Slough. The changes include
the deletion of special sound signals for the inability of the draw to
open. The standard danger signal of five short blasts in rapid
succession would be used instead as codified in the general regulations
for drawbridge operations at Part 117.5 of 33 Code of Federal
Regulations.
The requirement to toll a bell in fog when draws are open for
vessel passage would also be deleted along with the requirement for
constant attendance of drawtenders during freshets at those bridges
that are otherwise required to have drawtenders present only to operate
upon notice to open.
The foregoing are not general requirements at drawbridges. They
were established decades ago when commercial navigation, especially log
towing, was more frequent on the braided stream system of the lower
Snohomish. Improvements in navigation, such as radio and radar, have
greatly reduced the need for these measures. The constant attendance of
drawtenders during freshets is not needed because there is less traffic
in these waterways than when the original regulations were established.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and 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. The Coast Guard has made
this finding based on the fact that the changes proposed will have
little, if any, impact on the ability of vessels to transit the areas
affected.
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
[[Page 58935]]
might be small entities: The owners and operators of vessels needing to
transit under the bridges affected. The rule will not have a
significant economic impact on a substantial number of small entities,
however, because the changes proposed will have little, if any, impact
on the ability of vessels to transit under those bridges.
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.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and 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 one of a
category of actions which do not individually or cumulatively 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 proposed 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. 117.1059 to read as follows:
Sec. 117.1059 Drawbridge Operation Regulation; Snohomish River,
Steamboat Slough, and Ebey Slough; Everett and Marysville, WA.
(a) The draws of the twin, SR529 highway bridges across the
Snohomish River, mile 3.6, at Everett shall open on signal if at least
one-hour notice is given. Monday through Friday, notice for opening
shall be given to the drawtender at the SR529 highway bridge across
Ebey Slough, at
[[Page 58936]]
Marysville, and at all other times to the drawtender at the twin SR529
highway bridges at Everett.
(b) The draw of the SR2 highway bridge across the Snohomish River,
mile 6.9, at Everett, shall open on signal if at least four hours
notice is given.
(c) The draw of the Burlington Northern Santa Fe railroad bridge
across the Snohomish River, mile 15.5, at Snohomish need not open for
the passage of vessels.
(d) The draw of the Burlington Northern Santa Fe railroad bridge
across Steamboat Slough, mile 1.0, near Marysville, shall open on
signal if at least four hours notice is given.
(e) The draws of the twin, SR529 highway bridges across Steamboat
Slough, miles 1.1 and 1.2, near Marysville shall open on signal if at
least four hours notice is given. Monday through Friday, notice for
openings shall be given to the drawtender at the SR529 highway bridge
across Ebey Slough, at Marysville, and at all other times to the
drawtender at the twin SR529 highway bridges at Everett.
(f) The draw of the Burlington Northern Santa Fe railroad bridge
across Ebey Slough, mile 1.5, at Marysville shall open on signal if two
hours notice is given from 3:30 p.m. to 7 a.m. and promptly on signal
at all other times.
(g) The draws of the SR529 highway bridge across Ebey Slough, mile
1.6, at Marysville, shall open on signal if at least one hour notice is
given. Monday through Friday, notice for openings shall be given to the
drawtender at this bridge and at all other times to the drawtender at
the SR529 highway bridges across the Snohomish River at Everett.
Dated: October 15, 2009.
G.T. Blore,
Rear Admiral, U.S. Coast Guard Commander, Thirteenth Coast Guard
District.
[FR Doc. E9-27355 Filed 11-13-09; 8:45 am]
BILLING CODE 9110-04-P
