[Federal Register Volume 70, Number 13 (Friday, January 21, 2005)]
[Proposed Rules]
[Pages 3168-3170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1057]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD13-04-047]
RIN 1625-AA09


Drawbridge Operation Regulations; Duwamish Waterway, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the operating 
regulations for the First Avenue South dual drawbridges across the 
Duwamish Waterway, mile 2.5, at Seattle, Washington. The proposed 
change would enable the bridge owner to keep the bridges closed during 
night hours for a 4-month period. This would facilitate painting the 
structure while properly containing debris and paint.

DATES: Comments and related material must reach the Coast Guard on or 
before March 22, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(oan), 13th Coast Guard District, 915 Second Avenue, Seattle, WA 98174-
1067 where the public docket for this rulemaking is maintained. 
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 at the Aids to Navigation and Waterways Management Branch 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief, Bridge Section, 
(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 [CGD13-04-
047], 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. But you may submit a 
request for a meeting by writing to the Aids to Navigation and 
Waterways Management Branch 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 on all Federal holidays but Columbus Day. The 
draws must 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.
    The proposed temporary rule would enable the bridge owner to paint 
the structure after preparing the surfaces of the steel truss beneath 
the roadway. All of this work must be accomplished within a containment 
system that permits no material to fall into the waterway. This 
containment system would have to be removed or partially dismantled for 
drawspan openings. Therefore, the bridge owner has requested periods in 
which the work may proceed without frequent interruption.

Discussion of Proposed Rule

    This proposed rule would allow the bridge to remain closed to 
navigation from 9 p.m. to 5 a.m. Sunday through Friday from June 1 to 
October 1, 2005. One-hour notice would be required for openings during 
the currently established weekday closed periods discussed below.
    Preliminary analysis indicates that most vessel operators will not 
be inconvenienced by the hours of temporary closure. Others would 
receive enough notice to plan trips at other hours. Vessel traffic 
includes tugboats, barges, derrick barges, sailboats and motorized 
recreational boats including large yachts. The majority of vessels pass 
through the dual bascule spans during hours other than the proposed 
closure times.
    First Avenue South is a heavily traveled commuter arterial that 
serves Boeing Company plants and other industrial facilities in south 
Seattle. Currently, the dual bascule 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. Vessels of 5000 gross tons or more and vessels 
enroute to tow such vessels may request an opening at any time.
    However, under this proposal, between June 1 and October 1, 2005, 
from Sunday to Friday, the draws need not be opened for the passage of 
any vessels from 9 p.m. to 5 a.m. Furthermore, Vessels of 5000 gross 
tons or more and vessels enroute to tow such vessels must provide one-
hour notice for openings during the current weekday closed periods. 
Vessels of this size infrequently ply this reach of the waterway. The 
dual spans open an average of four times a day. Draw logs show that up 
to 25% of openings have happened during the proposed hours of closure. 
Many of these vessels could schedule movements to avoid these periods.

Regulatory Evaluation

    This proposed 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.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    We reached this conclusion based on the fact that most vessels will 
be able to plan transits to avoid the closed periods. Most commercial 
vessel owners have indicated that they can tolerate the proposed hours 
by working around them. Saturdays will enjoy normal operations, 
lessening inconvenience to sailboats.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have

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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. This may affect some recreational sailboat 
owners insofar as they must return by 9 p.m. or wait until 5 a.m. to 
regain moorage above the drawbridges. We expect these to be few in 
number.
    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 your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Austin Pratt, Chief, Bridge 
Section, at (206) 220-7282. The Coast Guard will not retaliate against 
small entities that question or complain about this rule or any policy 
or action of the Coast Guard.

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

    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 proposed 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 proposed 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 proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed 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 proposed 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. The Administrator of Information and Regulatory Affairs has 
not designated this as a significant energy action. Therefore, it does 
not require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, 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 proposed rule is categorically excluded, 
under figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation. There are no expected environmental 
consequences of the proposed action that would require further analysis 
and documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    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; 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.

    2. From 9 p.m. on June 1, 2005 to 5 a.m. on October 1, 2005, in 
(Sec.  117.1041, suspend paragraph (a)(1) and add a new paragraph 
(a)(3) to read as follows:

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Sec.  117.1041  Duwamish Waterway.

    (a) * * *
    (3) Monday through Friday, except all Federal holidays but Columbus 
Day, the draws of the First 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 that the draw shall open on one-hour notice for 
vessels of 5000 gross tons or 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. Sunday through Friday, the draws 
need not be opened for the passage of any vessels from 9 p.m. to 5 a.m.
* * * * *

    Dated: January 11, 2005.
Jeffrey M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 05-1057 Filed 1-19-05; 8:45 am]
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