Proposed Rule2025-21198

Drawbridge Operation Regulation; Wishkah River, Aberdeen, WA

Primary source

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Published
November 26, 2025
Effective
September 1, 2026

Issuing agencies

Homeland Security DepartmentCoast Guard

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

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<title>Federal Register, Volume 90 Issue 226 (Wednesday, November 26, 2025)</title>
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[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]


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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.

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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&#160;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


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Indexed from Federal Register on November 26, 2025.

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.