[Federal Register Volume 59, Number 42 (Thursday, March 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4763]


[[Page Unknown]]

[Federal Register: March 3, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-93-028]

 

Drawbridge Operation Regulations; Lake Washington, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is reinstating the temporary regulations 
governing the operation of the Evergreen Point Bridge (State Route 520) 
across Lake Washington between Seattle and Bellevue, Washington. This 
rule will be in effect through June 30, 1994. The amended regulations 
will provide for the reasonable needs of navigation and allow the 
bridge owner to provide openings only during periods of reduced 
vehicular traffic if 12 hours notice is furnished. The purpose of this 
measure is to avoid risking failure of the drawspan in the open 
position during commuter hours as has previously occurred. The hours of 
limited operation insure sufficient time for the owner to restore the 
retractable span to the closed position before road traffic becomes 
heavy. During the period that this rule is in effect malfunctions of 
the draw mechanism will be analyzed and repaired.

EFFECTIVE DATES: This regulation becomes effective on April 4, 1994. 
This temporary final rule is effective through June 30, 1994.

FOR FURTHER INFORMATION CONTACT:
John E. Mikesell, Chief, Plans and Programs Section, Aids to Navigation 
and Waterways Management Branch, (206) 220-7270).

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafters of these regulations are Austin Pratt, project 
officer, and Lieutenant Laticia J. Argenti, project attorney.

Regulatory History

    This same regulation was put into effect on September 21, 1992. It 
has since expired. On November 2, 1993, the Coast Guard published a 
proposed rule (58 FR 58518) to consider the reinstatement of the 
temporary regulations. The Commander, Thirteenth Coast Guard District, 
also published a public notice on November 19, 1993. Both articles 
solicited comments from interested parties until December 17, 1993. No 
objections to the temporary regulations were received. A public hearing 
was not requested and was not held.

Background and Purpose

    The temporary regulations allow the bridge owner to limit openings 
for the passage of vessels to late at night. These restricted hours of 
operation enable the owner to restore the bridge to the closed position 
in the event of a malfunction prior to the daylight hours of heavy 
commuter traffic. Openings during the day are excluded. With 12 hours 
notice, the bridge will be opened from 11 p.m. to 2 a.m. Sunday night 
through Friday morning and from 11 p.m. to 5 a.m. Friday night through 
Sunday morning. The hours for opening on weeknights are more restricted 
to give greater time to restore the drawspan in the event of a failure 
prior to the start of heavy commuter traffic.

Discussions of Comments and Changes

    No comments were received in opposition to the proposed rulemaking.

Regulatory Evaluation

    This temporary final rule is not considered a significant 
regulatory action under Executive Order 12866 and is not significant 
under the Department of Transportation Regulatory Policies and 
Procedures (44 FR 11034; February 26, 1979). The Coast Guard expects 
the economic impacts of this rule to be so minimal that a Regulatory 
Evaluation is unnecessary. We base our decision on the light and 
infrequent commercial traffic on the subject waterways during the hours 
affected by this rule.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) the 
U.S. Coast Guard must consider whether rules will have significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act. 
Because this final rule imposes no new requirements on small businesses 
and will result in partial relief from a regulatory burden on the owner 
or operator of these bridges, the Coast Guard does not expect this rule 
to have significant economic impact on a substantial number of small 
entities.

Collection of Information

    This rulemaking contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under section 2.B.2.g.(5) of Commandant Instruction 
M16475.1B, promulgation of operating requirements or procedures for 
drawbridges is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination has been prepared 
and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    In consideration of the foregoing, the Coast Guard is amending part 
117 of title 33, Code of Federal Regulations 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; 49 CFR 1.46; 33 CFR 1.05-1(g).

    2. Section 117.1049 is temporarily suspending amended by paragraph 
(d) and revising paragraphs (a) and (c) to read as follows.

    Note: This is a temporary amendment and will not appear in the 
Code of Federal Regulations.


Sec. 117.1049  Lake Washington.

* * * * *
    (a) The draw shall open on signal for the passage of vessels from 
11 p.m. to 2 a.m. Sunday night through Friday morning and from 11 p.m. 
to 5 a.m. Friday night through Sunday morning if at least 12 hours 
notice is given. At all other times the draw need not open.
* * * * *
    (c) All non-self-propelled vessels, rafts, and other watercraft 
navigating this waterway which require an opening of the draw shall be 
towed by a suitable self-propelled vessel while passing through the 
draw.

    Dated: February 8, 1994.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 94-4763 Filed 3-2-94; 8:45 am]
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