[Federal Register Volume 64, Number 80 (Tuesday, April 27, 1999)]
[Proposed Rules]
[Pages 22593-22594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10552]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-99-005]
RIN 2115 AE47


Drawbridge Operations Regulations; Duwamish Waterway and Lake 
Washington Ship Canal, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the operating regulations 
for the city drawbridges across the Lake Washington Ship Canal and the 
state drawbridge across the Duwamish Waterway in Seattle, Washington, 
by deleting Columbus Day from federal holidays on which the operating 
schedule does not accommodate the peak hours of roadway traffic with 
scheduled closed periods of the drawspans. This amendment would apply 
the same operating regulations that are specified for Monday through 
Friday to Columbus Day. Roadway traffic does not decrease significantly 
on Columbus Day as it does on other federal holidays. This amendment 
would apply to Columbus Day the same draw closed periods that are 
provided for non-holidays Monday through Friday.

DATES: Comments must reach the Coast Guard on or before June 28, 1999.

ADDRESSES: You may mail comments to Commander (oan), Thirteenth Coast 
Guard District, 915 Second Avenue, Seattle, Washington 98174-1067 or 
deliver them to room 3510 between 7:45 a.m. and 4:15 p.m., Monday 
through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: John E. Mikesell, Chief, Plans and 
Programs Section, Aids to Navigation and Waterways Management Branch, 
Telephone (206) 220-7272.

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 identify this rulemaking (CGD 13-99-
005) and the specific section of this document to which each comment 
applies, and give the reason for each comment. Please submit 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 the 
proposed rule in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Coast Guard including the reasons why 
a hearing would be beneficial. If it 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.

Background and Purpose

    The purpose of the proposed changes to 33 CFR 117.1041 and 117.1051 
is to alleviate commuter traffic congestion by removing Columbus Day 
from the existing federal holiday exemption for the dual First Avenue 
South Drawbridges across the Duwamish Waterway, mile 2.5, and the 
drawbridges across the Lake Washington Ship Canal east of the 
Chittenden Locks. These bridges are the Ballard Bridge at mile 1.1, the 
Fremont Bridge at mile 2.6, the University Bridge at mile 4.3, and the 
Montlake Bridge at mile 5.2. The regulations which are currently in 
effect authorize various weekday closed periods during the hours of 
heavy commuting so that openings for vessels will not worsen traffic 
congestion. These closed periods do not apply on weekends or federal 
holidays because the affected streets are not as heavily traveled on 
those holidays. Columbus Day does not warrant this exemption. Many 
employers in the Seattle area do not honor this holiday and, as a 
result, the volume of commuter traffic does not appreciably diminish on 
that day. Openings for the passage of vessels on this day at times of 
peak traffic can cause significant delay to street traffic. The 
proposed amendment will enable Columbus Day to be treated as any other 
weekday with regard to opening the subject drawspans. The proposed 
amendment also would delete reference to notification of the Seattle 
City Engineer for emergency openings of the Lake Washington Ship Canal 
bridges. Emergency openings shall be provided in accordance with 33 CFR 
117.31. This part of the proposed amendment reflects the Coast Guard's 
policy that notification made to the bridge tender is sufficient for 
declaration of emergency requiring immediate opening of the draw.

Discussion of Proposed Rule

    By specifically removing Columbus Day from the exempt category for 
federal holiday in Sec. 117.1041 (a)(1) and Sec. 117.1051 (d)(2), 
traffic congestion will be alleviated by preventing openings for 
vessels of less than 5000 gross tons during the normal Monday through 
Friday periods when the First Avenue South drawbridges need not be 
opened for the passage of vessels and similarly for vessels of less 
than 1000 gross tons in the case of the city drawbridges across the 
Lake Washington Ship Canal. In contrast to other federal holidays. 
Columbus Day does not present a significant reduction in commuter 
traffic. Traffic remains high as on any other weekday peak period. 
Under the proposed amendment, the subject drawbridges would not have to 
open on signal at any time during the day as is currently required on 
Columbus Day. Also requests for emergency openings of the Lake 
Washington Ship Canal drawspans would be obtained by simply

[[Page 22594]]

notifying the drawtender on duty as provided by Sec. 117.31. The 
requirement to make such a request with additional notification of the 
city engineer would be removed from the above-cited paragraph.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs 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 FR11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full regulatory evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
The proposed rule would improve commuter traffic flow and enhance 
navigational safety by simplifying the procedure for requesting an 
emergency opening of drawspans.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proceed rule, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictional with 
populations less than 50,000. Therefore, for the reasons discussed in 
the Regulatory Evaluation section above, the Coast Guard certifies 
under 5 U.S.C. 605(b) of the Regulatory Flexibility Act that this 
proposed rule, if adopted, will not have a significant impact on a 
substantial number of small entities. If, however, you think that your 
business or organization qualifies as a small entity and that this 
proposed rule will have a significant impact on your business or 
organization, please submit a comment (see Addresses) explaining why 
you think it qualifies and in what way and to what degree this proposed 
rule will economically affect it.

Collection of Information

    This proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposed rule in accordance with 
the principles and criteria contained in Executive Order 12612, and has 
determined that this proposed rule does not have sufficient federalism 
implications for federalism to warrant the preparation of a Federalism 
Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under Figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.1C, this proposed rule is categorically 
excluded from further environmental documentation because promulgation 
of changes to drawbridge regulations have been found not to have a 
significant effect on the environment. A written ``Categorical 
Exclusion Determination'' is not required for this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

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. Revise Sec. 117.1041(a)(1) to read as follows:


Sec. 117.1041  Duwamish Waterway.

    (a) * * *
    (1) From Monday through Friday, except all federal holidays but 
Columbus Day, the draws of the First Avenue South Bridges, mile 2.5, 
need not be opened for the passage of vessels from 6 a.m. to 9 a.m. and 
from 3 p.m. to 6 p.m., except: The draws shall open at any time for a 
vessel of 5000 gross tons and over, a vessel towing a vessel of 5000 
gross tons and over, and a vessel proceeding to pick up for towing a 
vessel of 5000 gross tons and over.
* * * * *
    3. Revise Sec. 117.1051(d)(2) to read as follows:


Sec. 117.1051  Lake Washington Ship Canal.

* * * * *
    (d) * * *
    (2) The draws need not open from 7 a.m. to 9 a.m. and 4 p.m. to 6 
p.m. Monday through Friday, except all federal holidays but Columbus 
Day, for any vessel of less than 1000 gross tons, unless the vessel has 
in tow a vessel of 1000 gross tons or over.
* * * * *
    Dated: April 19, 1999.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 99-10552 Filed 4-26-99; 8:45 am]
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