Drawbridge Operation Regulations; Lake Washington, WA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-93-028]

Drawbridge Operation Regulations; Lake Washington, WA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is reinstating the temporary regulations

governing the operation of the Evergreen Point Bridge (State Route 520)

across Lake Washington between Seattle and Bellevue, Washington. This

rule will be in effect through June 30, 1994. The amended regulations

will provide for the reasonable needs of navigation and allow the

bridge owner to provide openings only during periods of reduced

vehicular traffic if 12 hours notice is furnished. The purpose of this

measure is to avoid risking failure of the drawspan in the open

position during commuter hours as has previously occurred. The hours of

limited operation insure sufficient time for the owner to restore the

retractable span to the closed position before road traffic becomes

heavy. During the period that this rule is in effect malfunctions of

the draw mechanism will be analyzed and repaired.

EFFECTIVE DATES: This regulation becomes effective on April 4, 1994.

This temporary final rule is effective through June 30, 1994.

FOR FURTHER INFORMATION CONTACT:

John E. Mikesell, Chief, Plans and Programs Section, Aids to Navigation

and Waterways Management Branch, (206) 220-7270).

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of these regulations are Austin Pratt, project

officer, and Lieutenant Laticia J. Argenti, project attorney.

Regulatory History

This same regulation was put into effect on September 21, 1992. It

has since expired. On November 2, 1993, the Coast Guard published a

proposed rule (58 FR 58518) to consider the reinstatement of the

temporary regulations. The Commander, Thirteenth Coast Guard District,

also published a public notice on November 19, 1993. Both articles

solicited comments from interested parties until December 17, 1993. No

objections to the temporary regulations were received. A public hearing

was not requested and was not held.

Background and Purpose

The temporary regulations allow the bridge owner to limit openings

for the passage of vessels to late at night. These restricted hours of

operation enable the owner to restore the bridge to the closed position

in the event of a malfunction prior to the daylight hours of heavy

commuter traffic. Openings during the day are excluded. With 12 hours

notice, the bridge will be opened from 11 p.m. to 2 a.m. Sunday night

through Friday morning and from 11 p.m. to 5 a.m. Friday night through

Sunday morning. The hours for opening on weeknights are more restricted

to give greater time to restore the drawspan in the event of a failure

prior to the start of heavy commuter traffic.

Discussions of Comments and Changes

No comments were received in opposition to the proposed rulemaking.

Regulatory Evaluation

This temporary final rule is not considered a significant

regulatory action under Executive Order 12866 and is not significant

under the Department of Transportation Regulatory Policies and

Procedures (44 FR 11034; February 26, 1979). The Coast Guard expects

the economic impacts of this rule to be so minimal that a Regulatory

Evaluation is unnecessary. We base our decision on the light and

infrequent commercial traffic on the subject waterways during the hours

affected by this rule.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) the

U.S. Coast Guard must consider whether rules will have significant

economic impact on a substantial number of small entities. ``Small

entities'' include independently owned and operated small businesses

that are not dominant in their field and that otherwise qualify as

``small business concerns'' under section 3 of the Small Business Act.

Because this final rule imposes no new requirements on small businesses

and will result in partial relief from a regulatory burden on the owner

or operator of these bridges, the Coast Guard does not expect this rule

to have significant economic impact on a substantial number of small

entities.

Collection of Information

This rulemaking contains no collection of information requirements

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that the rule does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that, under section 2.B.2.g.(5) of Commandant Instruction

M16475.1B, promulgation of operating requirements or procedures for

drawbridges is categorically excluded from further environmental

documentation. A Categorical Exclusion Determination has been prepared

and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

In consideration of the foregoing, the Coast Guard is amending part

117 of title 33, Code of Federal Regulations 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).

2. Section 117.1049 is temporarily suspending amended by paragraph

(d) and revising paragraphs (a) and (c) to read as follows.

Note: This is a temporary amendment and will not appear in the

Code of Federal Regulations.

Sec. 117.1049 Lake Washington.

* * * * *

(a) The draw shall open on signal for the passage of vessels from

11 p.m. to 2 a.m. Sunday night through Friday morning and from 11 p.m.

to 5 a.m. Friday night through Sunday morning if at least 12 hours

notice is given. At all other times the draw need not open.

* * * * *

(c) All non-self-propelled vessels, rafts, and other watercraft

navigating this waterway which require an opening of the draw shall be

towed by a suitable self-propelled vessel while passing through the

draw.

Dated: February 8, 1994.

J.W. Lockwood,

Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.

[FR Doc. 94-4763 Filed 3-2-94; 8:45 am]

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