[Federal Register Volume 66, Number 132 (Tuesday, July 10, 2001)]
[Rules and Regulations]
[Pages 35901-35902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17107]



[[Page 35901]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-01-001]
RIN 2115-AE47


Drawbridge Operations Regulations; Lake Washington Ship Canal, 
Seattle, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is temporarily changing the operating 
regulations for the Ballard Bridge across the Lake Washington Ship 
Canal, mile 1.1, at Seattle, Washington. This change limits double-leaf 
opening of the bascule draw daily with notice requirements. These 
special operations are to accommodate a major refurbishment project to 
the operating and drive systems of the bridge by the City of Seattle.

DATES: This temporary final rule is effective from 5 a.m. on September 
4, 2001, until 8 p.m. on September 30, 2002.

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

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On February 12, 2001, a notice of proposed rulemaking was published 
in the Federal Register entitled Drawbridge Operation Regulations; Lake 
Washington Ship Canal (66 FR 9779). Two objections to the proposed 
temporary rule were received. One objection concerned commercial 
vessels and the other objection pertained to a research vessel. Their 
concerns have been accommodated in this temporary final rule.

Background and Purpose

    The City of Seattle proposed to replace the aged operating and 
drive systems of the bascule drawspan. To minimize interference with 
navigation, only one leaf will be temporarily disabled at a time. The 
disabled draw leaf will be powered by a winch system that will not 
perform at the usual speed for this drawbridge. In order to avoid 
lengthy inoperative periods, the bridge owner proposed three daily 
periods during which the draw will open fully for vessels unable to 
safely pass through one-half of the span. With five hours notice, both 
leaves of the draw would open at 5 a.m., 11 a.m., and 7 p.m. on any day 
of the week. The second and third periods are changed from 12:30 p.m. 
and 8 p.m. to better accommodate larger vessels. In addition a 
provision has been added for double-leaf openings at any time for 
vessels of at least 480 gross tons whenever at least one-week notice is 
provided. The established closed periods Monday through Friday of 7 
a.m. to 9 p.m. and 4 p.m. to 6 p.m., except federal holidays, will 
remain in effect. The start time for the special operations is changed 
from June 4 to September 4, 2001. During the project, single-leaf 
openings are available according to the operating schedule currently in 
effect. These regulations provide that both draw leaves need not be 
opened for the passage of vessels, including vessels engaged in towing 
operations, from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. Monday 
through Friday, except federal holidays, for any vessel under 1000 
gross tons.

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 10e of the regulatory 
policies and procedures of DOT is unnecessary. This conclusion is based 
on the fact that most vessels will be able to pass the bridge with 
little change from normal operations and that all vessels can be 
accommodated three times a day. The largest vessels affected will be 
able to provide the one-week notice whenever the scheduled full 
openings are not convenient.

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. 601-612), we 
considered whether this 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 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 should not be significant, 
especially after vessel operators learn of the change and can therefore 
plan their trips on the canal accordingly.

Collection of Information

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

Unfunded Mandates Reform Act

    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 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 E.O. 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 E.O. 12988, Civil Justice Reform, to minimize

[[Page 35902]]

litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this 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 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 where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges, Regulations.


    For the reasons discussed 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. Section 117.1051(d) is amended by temporarily adding paragraph 
(4) as follows:


Sec. 117.1051  Lake Washington Ship Canal.

* * * * *
    (d) * * *
    (4) From 5 a.m. on September 4, 2001, to 8 p.m. September 30, 2002, 
the Ballard Bridge, mile 1.1, need not open both draw leaves for the 
passage of vessels, including those engaged in towing operations, 
except at 5 a.m., 11 a.m., and 7 p.m. if at least five hours notice is 
given or at any time for vessels of 480 gross tons or more if at least 
one-week notice is provided, other than 7 a.m. to 9 p.m. and 4 p.m. to 
6 p.m. Monday through Friday, except federal holidays.
* * * * *

    Dated: June 5, 2001.
Erroll Brown,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 01-17107 Filed 7-9-01; 8:45 am]
BILLING CODE 4910-15-P