[Federal Register Volume 65, Number 161 (Friday, August 18, 2000)]
[Proposed Rules]
[Pages 50480-50481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21124]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-00-029]
RIN 2115-AE47


Drawbridge Operations; Duwamish River, Seattle, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to increase by one hour the afternoon 
closed period, Monday through Friday, during which the First Avenue 
South Drawbridges across the Duwamish River, mile 2.5, at Seattle, 
Washington, need not open for the passage of vessels. Currently, the 
dual bascule bridges need not open from 3 p.m. to 6 p.m. Monday through 
Friday, except for federal holidays. The proposed change would extend 
this period from 3 p.m. to 7 p.m.

DATES: Comments and related material must reach the Coast Guard on or 
before October 17, 2000.

ADDRESSES: You may mail comments and related material 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. The Aids 
to Navigation and Waterways Management Office maintains the public 
docket for this rulemaking. Comments and material received from the 
public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying.

FOR FURTHER INFORMATION CONTACT: Austin Pratt, Project Officer, 
Thirteenth Coast Guard District, (206) 220-7282.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD13-00-
029), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. However, you may 
submit a request for a meeting by writing to Commander, Thirteenth 
Coast Guard District (oan) at the address under ADDRESSES explaining 
why one would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    The dual First Avenue South bascule bridges provide 32 feet of 
vertical clearance above mean high water for the central 100 feet of 
horizontal distance in the channel spans. When the drawspans are open 
there is unlimited vertical clearance for the central 120 feet of the 
spans. An adjacent, parallel bascule bridge was constructed and 
completed in 1999. Drawbridge openings are provided for recreational 
vessels, large barges, and floating construction equipment. The 
operating regulations currently in effect for these drawbridges at 33 
CFR 117.1041 provide that the spans need not open for the passage of 
vessels from 6 a.m. to 9 a.m. and from 3 p.m. to 6 p.m. Monday through 
Friday, except for federal holidays. The draws shall open at any time 
for a vessel of 5,000 gross tons and over, a vessel towing such a 
vessel or en route to take in tow a vessel of that size. These periods 
provide some relief to heavy commuter traffic on First Avenue South. 
Much of this commuter traffic is generated by several facilities of the 
Boeing Company and other industrial concerns in the area.

Discussion of Proposed Rule

    Proposed for change is the ending time of the afternoon closed 
period. Currently, the weekday closed period in the afternoon is from 3 
p.m. to 6 p.m. The proposed change is to extend that period one hour to 
7 p.m. Monday through Friday, except for federal holidays, which will 
coincide better with commuter traffic volumes. Traffic counts are 
showing numbers at 7 p.m. on weekdays that are often as high as those 
at 3 p.m. when the afternoon closed period in effect commences.

[[Page 50481]]

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 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. The Office of Management and Budget has not reviewed it 
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).
    We expect 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 
conclusion is based on the fact that the bridges would open only for 
vessels one hour less per weekday than it does now. The bridges opened 
a total of 1591 times for vessels in 1999 for a daily average of less 
than 5 times.

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.).

Federalism

    We have analyzed this proposed rule under E.O. 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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. Some vessel owners might be temporarily 
inconvenienced by the change, if effected, but the delay of an 
additional hour in the evening should not be significant, especially 
after vessel operators learn of the change and can therefore plan their 
trips on the river accordingly.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity 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.

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect our small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Mr. Austin Pratt at (206) 220-
7282.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This rule is 
not an economically significant rule and does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.lC, this proposed rule is categorically excluded 
from further environmental documentation because promulgation of 
drawbridge regulations have been found not to have a significant effect 
on the environment. A ``Categorical Exclusion Determination'' is 
available in the docket at the address indicated under ADDRESSES.

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

    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 117.1041(a)(1) is revised to read as follows:


Sec. 117.1041  Duwamish Waterway.

    (a) * * *
    (1) From Monday through Friday, except federal holidays, the draws 
of the dual First Avenue South bridges, mile 2.5, need not open for the 
passage of vessels from 6 a.m. to 9 a.m. and 3 p.m. to 7 p.m. except: 
The draws shall open at any time for a vessel of 5,000 gross tons and 
over, a vessel towing a vessel of 5,000 gross tons and over, and a 
vessel proceeding to pick up a vessel of 5,000 gross tons and over.
* * * * *

    Dated: August 9, 2000.
Erroll Brown,
Rear Admiral, U. S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 00-21124 Filed 8-17-00; 8:45 am]
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