[Federal Register Volume 68, Number 174 (Tuesday, September 9, 2003)]
[Rules and Regulations]
[Pages 53050-53052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22794]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD13-02-012]
RIN 1625-AA09


Drawbridge Operation Regulations; Lake Washington Ship Canal, WA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending the regulations governing the 
drawspan of the Montlake Bridge across the east end of the Lake 
Washington Ship Canal by lengthening the hours that the draw need not 
open for the passage of vessels during the part of the year when vessel 
traffic is low. The change will relieve vehicular congestion during the 
peak congested period for road traffic.

DATES: This rule is effective October 9, 2003.

ADDRESSES: Comments and related material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, are part of docket CGD13-02-012 and are available for 
inspection or copying at Commander (oan), Thirteenth Coast Guard 
District, 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, Chief, Bridge Section, 
Aids to Navigation and Waterways Management Branch, telephone (206) 
220-7282.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On September 30, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Lake Washington Ship 
Canal, WA, in the Federal Register (67 FR 189). We received no letters 
commenting on the proposed rule. No public meeting was requested, and 
none was held.

Background and Purpose

    The Washington State Department of Transportation (WSDOT) requested 
this change in the drawbridge operations schedule to alleviate traffic 
congestion in the Montlake area by increasing the periods for part of 
the year in which the drawbridge need not open for the passage of 
vessels.
    The draw of the Montlake Bridge, mile 5.2, Lake Washington Ship 
Canal at Seattle, Washington, opens on signal except that the draw need 
not open for the passage of vessels from 7 a.m. to 9 a.m. and from 3:30 
p.m. to 6:30 p.m., Monday through Friday, except federal holidays, for 
any vessel of less than 1000 gross ton, unless the vessel has in tow a 
vessel of 1000 gross tons or over. The draw need only open on the hour 
and half-hour from 12:30 p.m. to 3:30 p.m. and from 6 p.m. to 6:30 p.m. 
Between the hours of 11 p.m. and 5 a.m. the draw opens if one hour 
notice is provided. This notice requirement has been voluntarily 
suspended by WSDOT. The bridge is staffed by operators 24 hours a day. 
This change removes this nighttime notice provision.
    The Montlake Bridge provides 48 feet of vertical clearance above 
the mean regulated lake level of Lake Washington for the central 100 
feet of the bascule span. Navigation on the waterway includes tugs, 
gravel barges, construction barges, sailboats, motor yachts, kayaks, 
rowing shells, and government vessels.
    The Lake Washington Ship Canal bisects Seattle from east to west 
and is currently crossed by two fixed highway bridges and four 
vehicular bascules, of which the Montlake is the easternmost. At the 
western extremity seaward of the Hiram Chittenden Locks at Ballard is a 
single-leaf railroad bascule.
    The Montlake Bridge is critical to north-south road traffic in its 
area. The closest alternative crossing is about 0.8 mile to the west 
and cannot be reached easily without traveling other congested streets 
during peak traffic hours.
    This change would alleviate vehicular congestion by lengthening the 
periods

[[Page 53051]]

that the bridge would be allowed to remain closed to marine traffic 
from the beginning of September to the end of April each year. These 
months correspond approximately to the foul weather period in Seattle 
when congestion is heaviest and vessel traffic is lowest.

Discussion of Comments and Changes

    No comments were received in response to the notice and no change 
is being made to the rule as proposed in this rulemaking.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS).
    The impact of this rule is expected to improve traffic flow on 
Montlake Boulevard without impeding navigation.
    This conclusion is based on the fact that the majority of vessels 
plying the canal will not be hindered by this change. Many of the 
commercial and recreational vessels can pass the span without an 
opening. Vessel traffic diminishes significantly during the months that 
are affected while the annual maximal use period remains unaffected.

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 
would not have a significant economic impact on a substantial number of 
small entities. There are no known small entities affected by this 
rule.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. No 
assistance was requested.

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 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 economically significant and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would 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 that order because it is not a ``significant 
regulatory 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.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under Section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation. There are no known effects of this rule 
that would warrant further analysis and documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out in the preamble, the Coast Guard amends Part 
117 of Title 33, Code of Federal Regulations, as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. Section 117.1051(e)(2)(i) is revised and paragraph (e)(3) is removed 
to read as follows:


Sec.  117.1051  Lake Washington Ship Canal.

* * * * *
    (e) * * *
    (2) * * *
    (i) The draw need not open from 7 a.m. to 9 a.m. and from 3:30 p.m. 
to 6:30

[[Page 53052]]

p.m. from April 30 to September 1 and from 7 a.m. to 10 a.m. and from 
3:30 p.m. to 7 p.m. from September 1 to April 30.
* * * * *

    Dated: August 26, 2003.
Jeffrey M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 03-22794 Filed 9-8-03; 8:45 am]
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