Proposed Rule2026-12054
Drawbridge Operation Regulation; Wishkah River, Aberdeen, WA
Primary source
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Published
June 16, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to change the operating schedule that governs the Puget Sound and Pacific railroad bridge (PS&P) across the Wishkah River, mile 0.1 in Aberdeen, WA. Based on infrequent drawbridge openings, Genesee & Wyoming Inc. (GWRR), the bridge owner, is requesting to change the default draw position from the fully open position to the fully closed-to-navigation position. In addition, the proposed rule will require 24-hour notice for all drawbridge openings. Based on these proposed changes in operating schedule, there would no longer need to always have a bridge operator on site. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 91 Issue 115 (Tuesday, June 16, 2026)</title>
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[Federal Register Volume 91, Number 115 (Tuesday, June 16, 2026)]
[Proposed Rules]
[Pages 36105-36107]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-12054]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2026-0562]
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 change the operating schedule that
governs the Puget Sound and Pacific railroad bridge (PS&P) across the
Wishkah River, mile 0.1 in Aberdeen, WA. Based on infrequent drawbridge
openings, Genesee & Wyoming Inc. (GWRR), the bridge owner, is
requesting to change the default draw position from the fully open
position to the fully closed-to-navigation position. In addition, the
proposed rule will require 24-hour notice for all drawbridge openings.
Based on these proposed changes in operating schedule, there would no
longer need to always have a bridge operator on site. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before July 16, 2026.
ADDRESSES: You may submit comments identified by docket number USCG-
2026-0562 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.
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#5430656779273936793065677936263d3033312714212737337a393d38"><span class="__cf_email__" data-cfemail="4f2b7e7c623c222d622b7e7c622d3d262b282a3c0f3a3c2c2861222623">[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
GWRR Genesee & Wyoming Inc.
PS&P Puget Sound and Pacific
II. Background, Purpose and Legal Basis
GWRR owns and operates the PS&P railroad bridge across the Wishkah
River at mile 0.1. GWRR is requesting a change to the existing
operating regulation due to minimal waterway use. GWRR requested that
we change the regulation to maintain the subject bridge's draw in the
closed-to-navigation position to marine vessels and fully open the draw
in the open-to-navigation position with a minimum of 24-hours' notice
from marine vessels. GWRR's bridge logs show that marine vessel
openings have decreased to 1 or 2 per year over the past ten years. The
PS&P railroad bridge is regulated to operate in accordance with 33 CFR
117.1065(b) and is a swing bridge with a vertical clearance of eight
feet above high water in the closed-to-navigation position. The lower
low water tidal range at Aberdeen, WA, is 9 feet, and charted river
depth is 16 feet.
III. Discussion of Proposed Rule
The Coast Guard proposes a change to 33 CFR 117.1065(b) to maintain
the PS&P railroad bridge in the closed-to-navigation position, and that
GWRR will fully open the swing span with a minimum of 24-hours' notice.
When the draw is to be opened or closed the drawtender must sound one
prolonged blast followed by one short blast. GWRR's bridge logs show
that marine vessel openings have decreased to 1 or 2 openings per year
over the past ten years. This proposed change will continue to service
the mariner's reasonable needs. This bridge provides a vertical
clearance of eight feet above high tide when the draw is in the closed-
to-navigation position. This section of the Wishkah River has no
alternate routes.
This regulatory action determination is based on the ability for
the PS&P railroad bridge, at Wishkah River mile 0.1, to fully open on
signal after a minimum of 24-hours by telephone or VHF radio channel
13. The Coast Guard has made this finding because the proposed change
allows any vessel that needs a drawbridge opening to transit through
the PS&P railroad bridge with proper advance notice.
This proposed rule also plans to remove the requirement for the
drawtender to sound two prolong blasts every minute 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. This requirement will no
longer be needed when the default drawbridge position will be in the
closed-to-navigation position.
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. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 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 for the following reasons.
While some owners or operators of vessels intending to transit the
bridge may be small entities, the Coast Guard has not identified any
vessel operators that will be caused significant economic impact as
result of the proposed rule change. As noted earlier, only one or two
vessels required openings of the drawbridge annually over the last 10
years. They would be able to continue to request openings of the
drawbridge with a 24-hour notice.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity
[[Page 36106]]
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
would affect 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.
B. 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.).
C. 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, the Coast Guard has communicated and met with the Quinault
Indian Nation and requested that any concerns be provided. To date, the
Coast Guard has not received a formal response and intends to determine
that there are ``no tribal implications'' under Executive Order 13175
(Consultation and Coordination with Indian Tribal Governments). This is
because the proposed action would not have a substantial direct effect
on one or more Indian tribes, nor would it affect the relationship
between the Federal Government and Indian tribes, or the distribution
of power and responsibilities between them. 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.
D. 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 an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
E. 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 et seq.). 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.
Submitting comments. We encourage you to submit comments 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-2026-0562 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.
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. 01.4
0
2. Amend Sec. 117.1065 by revising paragraph (b) to read as follows:
Sec. 117.1065 Wishkah River.
* * * * *
(b) The draw of the Puget Sound and Pacific railroad bridge, mile
0.1 at Aberdeen, shall be maintained in the closed-to-navigation
position. Vessels requesting the bridge's draw to be opened for
navigation shall make a request at least 24 hours in advance by
telephone or VHF radio channel 13. Please refer to the Coast Pilot in
the Grays Harbor, Washington section for updated contact requirements.
When the draw is to be opened or closed the
[[Page 36107]]
drawtender shall sound one prolonged blast followed by one short blast.
* * * * *
Arex B. Avanni,
Rear Admiral, U.S. Coast Guard, Commander, Northwest Coast Guard
District.
[FR Doc. 2026-12054 Filed 6-15-26; 8:45 am]
BILLING CODE 9110-04-P
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