[Federal Register Volume 66, Number 230 (Thursday, November 29, 2001)]
[Rules and Regulations]
[Pages 59534-59535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29644]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-01-023]
RIN 2115-AE47


Drawbridge Operations Regulations; Lake Washington Ship Canal, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary final rule 
governing the operation of the dual Montlake Drawbridge across the Lake 
Washington Ship Canal, mile 5.2, at Seattle, Washington. This rule 
allows the bridge operator to keep the bridge in the closed-to-
navigation position at certain times to accommodate vehicular traffic 
before and after football and basketball games at the University of 
Washington sport facilities, Seattle, WA from November 12, 2001, 
through June 9, 2002.

DATES: This temporary final rule is effective from November 5, 2001, 
through June 9, 2002.

ADDRESSES: Unless otherwise noted, documents referred to in this rule 
are available for inspection and copying at Commander (oan), Thirteenth 
Coast Guard District, 915 Second Avenue, Seattle, Washington 98174-
1067,room 3510 between 7:45 a.m. and 4:15 p.m., Monday through Friday, 
except federal holidays. The Bridge Section of the Aids to Navigation 
and Waterways Management Branch maintains the docket for this temporary 
final rule.

FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief, Bridge Section, 
Aids to Navigation and Waterways Management Branch, Telephone (206) 
220-7282.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Under 33 Code of Federal 
Regulations 117.37 the District commander may authorize closures for 
public interest concerns based on the necessity for the closures, the 
reasonableness of the times and dates, and the overall effect on 
navigation and users of the bridge.
    The closed draw of the Montlake Bridge across the Lake Washington 
Ship Canal, mile 5.2, at Seattle, Washington, provides 48 feet of 
vertical clearance above the mean regulated lake level of Lake 
Washington for the central 100 feet of the bascule span. The University 
of Washington football stadium is located on Montlake Boulevard about 
300 yards north of the Montlake Bridge. The University of Washington 
and the Seattle Seahawks football teams use Husky Stadium, which has a 
maximum seating capacity of 78,000. The indoor stadium for basketball 
games is located just north of Husky Stadium. The same parking 
facilities are used for all games. Furthermore, the emergency entrance 
to the University of Washington Hospital is about the same distance 
north as Husky Stadium on the opposite side of Montlake Boulevard. The 
Montlake Bridge provides the closest crossing of the Lake Washington 
Ship Canal for ambulances. The canal bisects Seattle from east to west. 
About 300 yards south of the bridge, Montlake Boulevard has access to 
State Route 520, a major east-west highway that connects to Interstate 
5 and 405. Practical alternate routes with similar capacity around the 
bridge do not exist.
    Before and after games the traffic becomes extremely dense. Normal 
weekend traffic across the bridge is about 40,000 vehicles each day. 
Draw openings would aggravate congestion. Even on days without large 
public events, an opening of this bascule on the weekend can queue 
traffic for a mile to the north and a mile to the south. While the Lake 
Washington Ship Canal does bear some commercial navigation beneath the 
Montlake Bridge, most of the draw openings are for sailboats. Many of 
the tugs that operate on this part of the canal are able to pass under 
the drawbridge in its closed position.
    From September 2000 through February 2001 the bridge opened on 
average 8 times on Saturday and 8 times on Sunday between the hours of 
10 a.m. and 9 p.m. Since these are only the bracketing hours of the 
football periods, the number of openings that would be affected is 
actually less than 8 on average. In other words, the earliest start of 
a closed period (10 a.m.) is not utilized with the latest end time (9 
p.m.) The morning and afternoon closed periods vary in duration but 
none is more than three hours. Therefore, the maximum daily affected 
period between 10 a.m. and 9 p.m. is 5.75 hours, not 11 hours. On 
average these public interest closures would affect two or three 
vessels at most. Most of the basketball games are in the evening hours 
and most of the closures for the basketball games are only for one 
hour. These closures have been authorized for many years and are known 
and expected by many local boaters and members of the marine industry 
in Seattle. The schedule has also been published in the Local Notice to 
Mariners prior to the first affected date so that vessel operators may 
plan accordingly.
    This temporary final rule allows the bridge to remain closed to 
navigation during times of heavy traffic before and after the football 
and basketball games at the University of Washington.

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).

[[Page 59535]]

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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.

Protection of Children

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

Environment

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

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under Executive Order 12866 and is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. It has not been designated by the Administrator of the Office 
of Information and Regulatory Affairs as a significant energy action. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

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 1.05-19g); 
section 117.255 also issued under the authority of Pub. L. 102-587, 
106, Stat 5039


    1. From November 5, 2001, until June 9, 2002, Sec. 117.1051(e) is 
amended by adding a new paragraph (e)(4) to read as follows:


Sec. 117.1051  Lake Washington Ship Canal.

* * * * *
    (e) * * *
    (4) The Montlake bridge need not open during the following dates 
and times:

12-Nov-01--9 p.m.-10 p.m.
17-Nov-01--10 a.m.-12:45 p.m.; 3 p.m.-6 p.m.
23-Nov-01--8 p.m.-9 p.m.; 10 p.m.-11 p.m.
24-Nov-01--3 p.m.-4 p.m.; 8 p.m.-9 p.m.
24-Nov-01--10 p.m.-11 p.m.
27-Nov-01--9 p.m.-10 p.m.
28-Nov-01--9 p.m.-10 p.m.
7-Dec-01--10:30 a.m.-1:15 p.m.; 3:30 p.m.-6:30 p.m.
7-Dec-01--10 p.m.-11 p.m.
9-Dec-01--5 p.m.-6 p.m.
11-Dec-01--9:30 p.m.-10:30 p.m.
20-Dec-01--9:30 p.m.-10:30 p.m.
21-Dec-01--9 p.m.-10 p.m.
26-Dec-01--10:45 a.m.-1:30 p.m.; 3:45 p.m.-6:45 p.m.
27-Dec-01--9:30 p.m.-10:30 p.m.
4-Jan-02--9 p.m.-10 p.m.
6-Jan-02--3 p.m.-4 p.m.
10-Jan-02--9 p.m.-10 p.m.
12-Jan-02--4 p.m.-5 p.m.
17-Jan-02--9 p.m.-10 p.m.
24-Jan-02--9 p.m.-10 p.m.
26-Jan-02--4 p.m.-5 p.m.
7-Feb-02--9 p.m.-10 p.m.
9-Feb-02--3 p.m.-4 p.m.
14-Feb-02--9 p.m.-10 p.m.
16-Feb-02--7 p.m.-8 p.m.
21-Feb-02--9 p.m.-10 p.m.
23-Feb-02--3 p.m.-4 p.m.
28-Feb-02--9 p.m.-10 p.m.
9-Jun-02--11 a.m.-2 p.m.; 4:30 p.m.-6 p.m.

    Dated: November 5, 2001.
Erroll Brown,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard, 
District.
[FR Doc. 01-29644 Filed 11-28-01; 8:45 am]
BILLING CODE 4910-15-P