[Federal Register Volume 73, Number 100 (Thursday, May 22, 2008)]
[Proposed Rules]
[Pages 29723-29725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11439]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-0256]
RIN 1625-AA09


Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA, 
Schedule Change

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the drawbridge operation 
regulation for the Spokane Street Bridge across the Duwamish Waterway, 
mile 0.3, in Seattle, Washington, by establishing two daily closed draw 
periods Monday through Friday. The change is necessary to help 
alleviate roadway traffic and will do so by preventing traffic 
stoppages on either side of the bridge during high volume traffic 
periods. Large vessels would be exempted from the closed draw periods.

DATES: Comments and related material must reach the Coast Guard on or 
before July 21, 2008.

ADDRESSES: You may submit comments identified by the Coast Guard docket 
number USCG-2008-0256 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Austin Pratt, Chief, Bridge Section, Waterways Management 
Branch, 13th Coast Guard District, telephone 206-220-7282. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking USCG-2008-0256, indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying. If you submit them by mail and would like to know that they 
reached the Facility, 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0256) 
in the search box, and click ``Go>>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays or the 13th Coast Guard District Waterways Management Branch 
at 915 Second Avenue, Seattle, WA 98174-1067 between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
a public meeting would aid this rulemaking, we will hold one at a time 
and place

[[Page 29724]]

announced by a later notice in the Federal Register.

Background and Purpose

    The proposed rule would enable the Seattle Department of 
Transportation (SDOT), the owner of the Spokane Street Bridge, to keep 
the draws of that bridge in the closed position in order to help 
alleviate roadway traffic Monday through Friday from 7 a.m. to 9 a.m. 
and from 4 p.m. to 6 p.m., with the proviso that openings shall be 
provided at any time for vessels of 5000 gross tons or more.
    The operating regulations currently in effect for the Spokane 
Street Bridge are found at 33 CFR 117. The drawspan currently operates 
under the general requirements of 33 CFR 117.1041 such that it must 
open on signal for the passage of vessels at any time. The bridge was 
constructed in 1991 and has never been subject to any special operating 
regulations.
    The bridge provides a minimum of 44 feet of vertical clearance 
above mean high water (elevation 10.47) in the closed position, but 55 
feet for the central 130 feet of span width. The horizontal clearance 
is 250 feet. In the fully open position the bridge allows unlimited 
vertical clearance over the channel.
    For a 12-month period in 2007 and 2008 the draw opened for vessels 
an average of about 10 times per month in each of the morning and 
afternoon periods proposed for closure. The draw opens approximately 2 
or 3 times per week in each of the periods proposed for closure. 
Openings for vessels occur around the clock at this bridge with no 
frequency pattern apparent to particular times. Since 1996 the total 
monthly openings have ranged from 103 to 360. The traffic transiting 
through the bridge opening includes oceangoing ships, container barges, 
derrick barges and other large vessels that require the drawspan to 
open. Most openings are for commercial vessels. Single openings 
sometimes accommodate several vessels. Based on drawspan records, this 
proposed rule will reduce the current number of openings up to 60 
percent in the periods proposed for closure. Vessels of 5000 gross tons 
or more would still be accommodated during the periods proposed for 
closure.
    The draw is open for periods of 10 to 17 minutes for the above 
cited operations. Roadway traffic then takes several minutes to regain 
the flow that existed prior to the draw opening. SDOT studied a period 
from July through September of 2007 during which the average weekday 
daily traffic ranged from 10,900 to 11,400 vehicles. Of this number, 
500 to 1500 vehicles or more are passing over the bridge in each period 
proposed for closure. Halted vehicle counts are not available.

Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.1041 by renumbering 
the current paragraphs (a)(1) and (2) to (a)(2) and (3), respectively, 
and adding a new paragraph (a)(1) establishing that ``the draw of the 
Spokane Street Bridge, mile 0.3, need not open for vessels of less than 
5000 gross tons from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday 
through Friday.'' The periods of closure will help alleviate road 
traffic by preventing traffic stoppages on either side of the bridge 
during high volume traffic 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.
    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 vessel operators can plan their passage in 
accordance with the closed periods to minimize any impact on their 
activities.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. This proposed rule would affect the following 
entities, some of which might be small entities: the owners or 
operators of vessels needing to transit under the Spokane Street Bridge 
between 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday through Friday. 
The economic impact on these entities will not be significant, however, 
because the closures are limited to two, two-hour periods each day, 
Monday through Friday, most vessel operators can plan their passage in 
accordance with the closed periods to minimize impact on their 
activities.
    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, Waterways Management Branch, 13th Coast Guard District, 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.

[[Page 29725]]

Taking of Private Property

    This proposed 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 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 proposed 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 made a preliminary determination that this action is not likely to 
have a significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Words of Issuance and Proposed Regulatory Text

    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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

    2. In (Sec.  117.1041 redesignate paragraphs(a)(1) and (a)(2) as 
(a)(2) and (a)(3) and add a new paragraph (a)(1) to read as follows:


Sec.  117.1041  Duwamish Waterway.

    (a) * * *
    (1) The draw of the Spokane Street Bridge, mile 0.3, need not open 
for vessels of less than 5,000 gross tons from 7 a.m. to 9 a.m. and 
from 4 p.m. to 6 p.m., Monday through Friday.
* * * * *

    Dated: April 30, 2008.
J.P. Currier,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. E8-11439 Filed 5-21-08; 8:45 am]
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