Drawbridge Operation Regulation; Wishkah River, Aberdeen, WA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Issuing agencies
Abstract
The Coast Guard proposes to temporarily change the operating schedule that governs the Wishkah Street Bridge across the Wishkah River at mile 0.4 in Aberdeen, WA. The bridge will remain in the closed to navigation position while the bridge owner, Washington State Department of Transportation (WSDOT), performs maintenance and restoration work on the bridge. We invite your comments on this proposed rulemaking.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 226 (Wednesday, November 26, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 226 (Wednesday, November 26, 2025)]
[Proposed Rules]
[Pages 54245-54247]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21198]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2025-0714]
RIN 1625-AA09
Drawbridge Operation Regulation; Wishkah River, Aberdeen, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily change the operating
schedule that governs the Wishkah Street Bridge across the Wishkah
River at mile 0.4 in Aberdeen, WA. The bridge will remain in the closed
to navigation position while the bridge owner, Washington State
Department of Transportation (WSDOT), performs maintenance and
restoration work on the bridge. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before January 12, 2026. The Coast Guard anticipates that this proposed
temporary rule will be effective from 7 a.m. on September 1, 2026,
through 6 p.m. on August 31, 2027.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0714 using Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in
this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Steven Fischer, Northwest District Bridge
Administrator, Coast Guard; telephone 206-220-7282, email, <a href="/cdn-cgi/l/email-protection#b7d386849ac4dad59ad386849ad5c5ded3d0d2c4f7c2c4d4d099dadedb"><span class="__cf_email__" data-cfemail="7d194c4e500e101f50194c4e501f0f14191a180e3d080e1e1a53101411">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
WSDOT Washington State Department of Transportation
II. Background, Purpose and Legal Basis
WSDOT owns and operates the Wishkah Street Bridge crossing the
Wishkah River at mile 0.4. WSDOT is asking to change the current bridge
operating regulation, 33 CFR 117.1065(c), to allow for maintenance and
restoration work. The bridge must remain in the closed-to-navigation
position from 7 a.m. on September 1, 2026, through 6 p.m. on August 31,
2027, for WSDOT to replace major mechanical components. Records show
that the drawbridge has only opened
[[Page 54246]]
once per year on average over the last four years.
III. Discussion of Proposed Rule
The proposed rule will allow the Wishkah Street Bridge to remain
closed from 7 a.m. on September 1, 2026, until 6 p.m. on August 31,
2027. Vessels that can pass under the bridge without needing it to open
may do so whenever it is safe to transit. When closed, the bridge
provides a vertical clearance of 10 feet and 6 inches above high tide
and more than 19 feet at low tide. Maritime activity on the Wishkah
River has been declining for years, so closing the draw is unlikely to
affect mariners who need it opened. There are no alternate routes on
this section of the Wishkah River.
This proposed temporary rule is based on the need to keep the
bridge in the closed to navigation position during maintenance and
restoration. Pending public comments to this NPRM the Coast Guard has
preliminarily determined that the proposed rule change will meet the
reasonable navigation needs of mariners while allowing for necessary
repairs and replacement of structurally deficient parts.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This proposed rule has not been designated a
``significant regulatory action,'' under section 3(f) of Executive
Order 12866. Accordingly, the NPRM has not been reviewed by the Office
of Management and Budget (OMB).
This regulatory action determination is based on the documented low
utilization rates of bridge openings and the ability of vessels to
transit under the bridge.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
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.
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. If the proposed rule
affects your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.
C. 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.).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such expenditure, we do discuss the effects of this proposed
rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
[[Page 54247]]
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2025-0714 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. Also, if you go to the online docket and sign up
for email alerts through the ``Subscribe'' option, you will be notified
when comments/updates are posted, or a final rule is published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post will include any personal information you have provided. For more
information about privacy and submissions in response to this document,
see DHS's eRulemaking System of Records notice (85 FR 14226, March 11,
2020).
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
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and DHS Delegation No.
00170.1. Revision No.01.3.
0
2. Stay Sec. 117.1065 until 6 p.m. on August 31, 2027.
0
3. Add Sec. 117.1065T to read as follows:
Sec. 117.1065T Wishkah River.
(a) When fog prevails by day or by night, the drawtender of each
bridge listed in this section, after giving the acknowledging signal to
open, shall toll a bell continuously during the approach and passage of
vessels.
(b) The draw of the Puget Sound and Pacific railroad bridge, mile
0.1 at Aberdeen, shall be maintained in the fully open position, except
for the passage of trains or for maintenance. When the draw of the
bridge is closed and the visibility at the drawtender' s station is
less than one mile up or down the channel, the drawtender shall sound
two prolonged blasts every minute. When the draw is reopened, the
drawtender shall sound one prolonged blast followed by one short blast.
(c) The draws of the Heron Street Bridge, mile 0.2 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 this bridge is one prolonged blast followed by two short
blasts.
(d) The draw of the Wishkah Street Bridge, mile 0.4, at Aberdeen
will not open for the passage of vessels.
Dated: November 20, 2025.
Arex B. Avanni,
Rear Admiral, U.S. Coast Guard, Commander, Northwest Coast Guard
District.
[FR Doc. 2025-21198 Filed 11-25-25; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.