[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Proposed Rules]               
[Page 71983-71986]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no08-39]                         

=======================================================================
-----------------------------------------------------------------------

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: http://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 http://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 http://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 http://
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