# Drawbridge Operation Regulations; Lake Washington, WA > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-4763 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** March 3, 1994 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 4910-14-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-4763. Public record. Not legal advice.