[Federal Register Volume 60, Number 108 (Tuesday, June 6, 1995)]
[Proposed Rules]
[Pages 29804-29806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13774]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-94-039]
RIN 2115-AE47


Drawbridge Operation Regulations; Lake Washington, Seattle, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to amend the regulations 
governing the operation of the Evergreen Point, State Route 520, 
floating drawbridge across Lake Washington at Seattle, Washington. The 
proposed rule would modify five different aspects of the existing 
operation regulations for the bridge including the notice period for 
requesting an opening; the length of weekday closed periods; the 
exemptions from weekday closed periods for Federal holidays and vessels 
greater than 2000 gross tons; and the requirement that non-self 
propelled vessels be towed through the draw. Through this action, the 
Coast Guard seeks to alleviate commuter traffic congestion on the 
bridge while continuing to meet the reasonable needs of navigation on 
Lake Washington.

DATES: Comments must be received on or before August 7, 1995.

ADDRESSES: Comments may be mailed to Commander (OAN), Thirteenth Coast 
Guard District, 915 Second Avenue, Seattle, Washington 98174-1067. The 
comments and other materials referenced in this notice will be 
available for inspection and copying at 915 Second Avenue, Room 3410, 
Seattle, Washington. Normal office hours are between 7:45 a.m. and 4:15 
p.m., Monday through Friday, except holidays. Comments may also be 
hand-delivered to this address.

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

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD13-94-039) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments 
received.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the address listed under ADDRESSES. The 
request should include the reasons why a hearing would be beneficial. 
If the Coast Guard determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Drafting Information

    The principal persons involved in drafting this document are Austin 
Pratt, Project Officer, Aids to Navigation Branch, Thirteenth Coast 
Guard District, and Lieutenant Commander John C. Odell, Project 
Counsel, Thirteenth Coast Guard District Legal Office.

Background and Purpose

    At the request of the Washington State Department of Transportation 
(WDOT), the Coast Guard is proposing to amend the drawbridge operation 
regulations for the Evergreen Point, State Route 520, floating bridge 
across Lake Washington at Seattle, Washington. The chief purpose of the 
proposed amendment is to alleviate commuter traffic congestion on the 
bridge while continuing to meet the reasonable needs of navigation.
    In recent years vehicular traffic volumes on the bridge have 
increased dramatically while requests for openings of the drawspan have 
declined. State Route 520 is a major four-lane arterial in the Seattle 
area and is heavily traveled during daily commuting hours. Any opening 
of the drawspan during commuting hours would cause severe traffic 
congestion and back ups.
    Most of the vessels on Lake Washington are able to pass under the 
bridge at its two fixed transition spans at either end of the floating 
segment. With the exception of a few tall-masted sailing vessels, 
floating construction equipment is the chief user of the drawspan. The 
predominant navigational use of Lake Washington is recreational.
    In recent years, the drawspan has been under extensive repair and 
refurbishment. This work has required temporary changes to bridge 
operations. Since September 21, 1992, temporary regulations allowed 
WDOT to keep the drawspan closed except from 11 p.m. to 2 a.m. during 
the week and from 11 p.m. to 5 a.m. on weekends. From April 1, 1994, to 
October 1, 1994, the Coast Guard authorized WDOT to keep the drawspan 
closed at all times during the final phase of the repair project. 
Despite the highly restrictive nature of these temporary bridge 
operation regulations, no objections were received from entities 
representing commercial or recreational navigation on Lake Washington.
    In order to alleviate roadway traffic congestion while continuing 
to meet the reasonable needs of navigation, the proposed amendment 
would modify five different aspects of the existing regulations:
    First, the proposed amendment would increase the notice period for 
requesting openings from one hour to two hours. The bridge does not 
currently have continuous attendance by drawtenders, and in recent 
years, drawtenders have had difficulty getting to the bridge in time to 
make requested openings. This difficulty is the result of increased 
roadway traffic in the Seattle metropolitan area. The proposed increase 
in the notice period would give drawtenders sufficient time to arrive 
at the bridge for openings. This proposal would not seriously 
inconvenience navigation because vessel transits of the drawspan are 
infrequent and can be planned in advance by vessel operators.
    Second, the proposed amendment would increase the period during 
which the drawspan may remain closed on weekdays. The existing 
drawbridge operation regulations at 33 CFR 117.1049(c) allow the bridge 
to remain closed from 6 a.m. to 10 a.m. and from 2 p.m. to 7 p.m. 
Monday through Friday. The proposed amendment would establish a single, 
yet substantially increased, closed period from 5 a.m. to 9 p.m. Monday 
through Friday. The proposed increase in the length of the weekday 
closed period is necessary to prevent the interruption of commuter 
traffic on the bridge. A bridge [[Page 29805]] opening during peak 
traffic hours can produce traffic gridlock on the bridge and its 
approaches, and openings during the workday must be avoided. The small 
number of openings requested in recent years and the nature of vessel 
traffic on Lake Washington indicates that the impact on commercial and 
recreational navigation from the increased closed period would be 
minimal.
    Third, the proposed amendment would remove Columbus Day from the 
Federal holiday exemption to normal weekday closed periods. Under the 
existing Federal holiday exemption contained in 33 CFR 117.1049(c), the 
normal weekday closed periods do not apply on designated Federal 
holidays. Unlike other Federal holidays, Columbus Day enjoys no 
significant reduction in roadway traffic in the Seattle metropolitan 
area. This difference is due to the fact that most employers in the 
area do not observe Columbus Day. For this reason, commuter traffic 
volumes remain substantial on Columbus Day. Removal of Columbus Day 
from the federal holiday exemption would prevent the serious traffic 
congestion that would be caused by opening the drawspan during heavy 
commuter hours.
    Fourth, the proposed amendment would remove the provision of 33 CFR 
117.1049(c) that requires the drawspan to open during weekday closed 
periods in order to accommodate piledrivers and vessels greater than 
2000 gross tons. In recent years the use of Lake Washington by vessels 
of this type and size has declined dramatically. Moreover, waters of 
Lake Washington in the area of the bridge do not form a restricted 
waterway, and the need for immediate openings for these larger and less 
maneuverable vessels is therefore less critical. Finally, the passage 
of such vessels can be planned in such a way as to avoid their arrival 
at the bridge during the weekday closed periods.
    Fifth, the proposed amendment would remove the provision of 33 CFR 
117.1049(d) requiring non-self-propelled vessels to be towed through 
the drawspan. The original purpose of this requirement was to avoid 
delays to roadway traffic caused by openings requested by vessels 
powered only by sail. The proposed increase in the length of the 
weekday closed periods would reduce the significance of such an event, 
and the possibility of such an event no longer needs to be specifically 
accounted for in the bridge operation regulations.

Discussion of Proposed Rule

    The proposed rule would amend paragraphs (a), (c), and (d) of 33 
CFR 117.1049. Paragraph (a) would be changed to require two hours 
notice for requesting an opening of the drawspan. Paragraph (b) would 
remain unchanged as it continues to provide accurate information about 
how to contact the operator for an opening. Paragraph (c) would be 
changed to specify a closed period from 5 a.m. to 9 p.m. Monday through 
Friday, except for all Federal holidays other than Columbus Day. This 
increased weekday closed period would apply on Columbus Day but would 
not apply on other designated Federal holidays. Paragraph (c) would 
also be changed to remove the requirement that the drawspan open during 
the weekday closed periods for piledrivers and vessels greater than 
2000 gross tons. Paragraph (d) would be deleted, removing the 
requirement that vessels powered only by sail be towed through the 
drawspan.
Regulatory Evaluation

    This proposal is not a significant regulatory action under 3(f) of 
Executive Order 12866 and does not require an assessment of potential 
cost and benefits under section 6(a)(3) of that order. It has not been 
reviewed by the Office of Management and Budget under that order. It is 
not significant under the regulatory policies and procedures of the 
Department of Transportation (DOT) (44 FR 11040; February 26, 1979). 
The Coast Guard expects the economic impact of this proposed rule to be 
so minimal that a full regulatory evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. This 
expectation is based on the fact that most commercial navigation on 
Lake Washington can transit the bridge at its two fixed transition 
spans at either end of the floating segment. Moreover, commercial 
vessels can plan their transits so that they do not arrive at the 
bridge during weekday closed periods. Finally, transits of the drawspan 
by commercial vessels have become increasingly infrequent in recent 
years.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant effect 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 
(15 U.S.C. 632). For the reasons stated in the Regulatory Evaluation 
above, the Coast Guard expects the impact of this proposal to be 
minimal on all entities. Therefore, the Coast Guard certifies under 5 
U.S.C. 605(b) that this proposal, if adopted, will not have a 
significant economic impact on a substantial number of small entities.

Collection of Information

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

Federalism

    The Coast Guard has analyzed this proposal under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2. of COMDTINST 
M16475.B, the proposed regulation is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Proposed Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 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); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

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


Sec. 117.1049  Lake Washington.

* * * * *
    (a) The draw shall open on signal if at least two hours notice is 
given.
* * * * *
    (c) The draw need not be opened from 5 a.m. to 9 p.m. Monday 
through Friday, except for all Federal holidays other than Columbus 
Day.

    [[Page 29806]] Dated: May 23, 1995.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 95-13774 Filed 6-5-95; 8:45 am]
BILLING CODE 4910-14-M