[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Rules and Regulations]
[Pages 54432-54434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26262]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD13-94-039]


Drawbridge Operation Regulations; Lake Washington, Seattle, WA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the regulations governing the 
operation of the Evergreen Point, State Route 520, floating drawbridge 
across Lake Washington at Seattle, Washington. This action modifies 
five different aspects of the existing 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.

EFFECTIVE DATE: November 24, 1995.

ADDRESSES: Unless otherwise noted, documents referred to in this 
preamble are available for inspection and copying at Commander (oan), 
Thirteenth Coast Guard District, 915 Second Avenue, Seattle, Washington 
98174-1067. Normal office hours are between 7:45 a.m. and 4:15 p.m., 
Monday through Friday, except holidays.

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:
    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.
Regulatory History
    On June 6, 1995, the Coast Guard published a notice of proposed 
rulemaking entitled Drawbridge Operation Regulation; Lake Washington, 
Seattle, WA, in the Federal Register (60 FR 29804). Only one comment 
was received and that comment favored the proposed rulemaking.
Background and Purpose
    At the request of the Washington State Department of Transportation 
(WDOT), the Coast Guard is amending the drawbridge operation 
regulations for the Evergreen Point, State Route 520, floating 
drawbridge across Lake Washington at Seattle, Washington. The chief 
purpose of this action is to alleviate commuter traffic congestion on 
the bridge while continuing to meet the reasonable needs of navigation.
    In recent years vehicular traffic volumes have increased 
dramatically while requests for openings of the drawspan have declined. 
State Route 520 is a major four-lane commuter arterial in the Seattle 
area and is heavily traveled during daily commuting hours. Any opening 
of the drawspan during commuting hours causes 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 

[[Page 54433]]
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 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 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, this action modifies five 
different aspects of the existing regulations:
    First, the rule increases 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 increase in the notice period will 
give drawtenders sufficient time to arrive at the bridge for openings. 
This rule change will not seriously inconvenience navigation because 
vessel transits of the drawspan are infrequent and can be planned in 
advance by vessel operators.
    Second, the rule increases 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 amendment establishes a single, yet substantially increased, closed 
period from 5 a.m. to 9 p.m. Monday through Friday. The increase in the 
length of the weekday closed period is necessary to prevent the 
interruption of commuter traffic on the bridge. A bridge 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 will be 
minimal.
    Third, the rule removes 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 will prevent the serious traffic congestion that is caused by 
opening the drawspan during heavy commuter hours.
    Fourth, the rule removes 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 rule removes 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 increase in the length of the weekday closed periods will 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 Comments and Changes

    The Coast Guard received only one comment in response to the notice 
of proposed rulemaking. This response from a major marine towing 
company in Seattle approved of these proposed changes to the operation 
regulation.

Regulatory Evaluation

    This rule 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 action 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

    The Coast Guard finds that the impact on small entities, if any, is 
not substantial. Therefore, the Coast Guard certifies under 5 U.S.C. 
605 (b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
this action will not have a significant impact on a substantial number 
of small entities.

Collection of Information

    This action 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 action does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard has considered the environmental impact of this 
action and concluded that under section 2.B.2. of COMDTINST M16475.1B, 
this rule is categorically excluded from further environmental 
documentation. A ``Categorical Exclusion Determination'' is available 
in the docket for inspection and copying where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 
Part 117 of Title 33, Code of Federal Regulations as follows:

[[Page 54434]]


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 deleting 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.

    Dated: October 12, 1995.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 95-26262 Filed 10-23-95; 8:45 am]
BILLING CODE 4910-14-M