[Federal Register Volume 66, Number 119 (Wednesday, June 20, 2001)]
[Rules and Regulations]
[Pages 33024-33026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15553]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-99-005]


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the operating regulations for the 
City of Seattle drawbridges across the Lake Washington Ship Canal and 
the Washington state drawbridge across the Duwamish Waterway in 
Seattle, Washington. The normal drawspan closed periods for Monday 
through Friday will now also be applied to Columbus Day to accommodate 
commuter traffic that remains heavy on this Federal holiday. Other 
Federal holidays remain exempted from the weekday closed periods.

DATES: This rule is effective July 20, 2001.

ADDRESSES: The public docket and all documents referred to in this 
notice are available for inspection and copying at the Thirteenth Coast 
Guard District, Aids to Navigation and Waterways Management Office, 915 
Second Avenue, room 3510, Seattle, Washington 98174-1067, between 7:45 
a.m. to 4:15 p.m., Monday through Friday, except Federal holidays.

[[Page 33025]]


FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief, Bridge Section, 
Telephone (206) 220-7282.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 27, 1999, a notice of proposed rulemaking was published in 
the Federal Register entitled Drawbridge Operations Regulations; 
Duwamish Waterway and Lake Washington Ship Canal, WA (64 FR 22593). The 
Coast Guard received no comments in response to the notice. No public 
hearing was requested and none was held.

Background and Purpose

    The purpose of the change to Secs. 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 from seaward 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 
amendment would treat Columbus Day as any other weekday for opening the 
drawspans. The amendment also deletes reference to notification of the 
Seattle City Engineer for emergency openings of the Lake Washington 
Ship Canal bridges. Emergency openings will be provided in accordance 
with 33 CFR 117.31. This change 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.

Regulatory Evaluation

    This 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 rule to be so minimal that a 
full regulatory evaluation under paragraph 10(e) of the regulatory 
policies and procedures of DOT is unnecessary. This is based on the 
fact that only a certain class of vessel would be affected one day 
annually by this change. The change will improve commuter traffic flow 
and enhance navigational safety on the Lake Washington Ship Canal by 
simplifying the procedure for requesting an emergency opening of 
drawspans.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian tribal governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the federal government and 
Indian tribes, or on the distribution of power and responsibilities 
between the federal government and Indian tribes.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
include small businesses, not-for profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) of the Regulatory 
Flexibility Act that this rule will not have a significant impact on a 
substantial number of small entities. The change adds only one day of 
the year to those which have closed periods to accommodate heavy road 
traffic.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

    The Unfunded Mandate 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 rule would not impose an unfunded mandate.

Taking of Private Property

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

Civil Justice Reform

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

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under Figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1C, this 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 rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard amends 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. 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

[[Page 33026]]

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 from 4 p.m. 
to 6 p.m. Monday through Friday, except all Federal holidays but 
Columbus Day for any vessel of less than 1000 tons, unless the vessel 
has in tow a vessel of 1000 gross tons or over.
* * * * *

    Dated: June 5, 2001.
Erroll Brown,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 01-15553 Filed 6-19-01; 8:45 am]
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