Drawbridge Operations Regulations; Duwamish Waterway and Lake Washington Ship Canal, WA

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-99-005]

RIN 2115 AE47

Drawbridge Operations Regulations; Duwamish Waterway and Lake

Washington Ship Canal, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the operating regulations

for the city drawbridges across the Lake Washington Ship Canal and the

state drawbridge across the Duwamish Waterway in Seattle, Washington,

by deleting Columbus Day from federal holidays on which the operating

schedule does not accommodate the peak hours of roadway traffic with

scheduled closed periods of the drawspans. This amendment would apply

the same operating regulations that are specified for Monday through

Friday to Columbus Day. Roadway traffic does not decrease significantly

on Columbus Day as it does on other federal holidays. This amendment

would apply to Columbus Day the same draw closed periods that are

provided for non-holidays Monday through Friday.

DATES: Comments must reach the Coast Guard on or before June 28, 1999.

ADDRESSES: You may mail comments to Commander (oan), Thirteenth Coast

Guard District, 915 Second Avenue, Seattle, Washington 98174-1067 or

deliver them to room 3510 between 7:45 a.m. and 4:15 p.m., Monday

through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: John E. Mikesell, Chief, Plans and

Programs Section, Aids to Navigation and Waterways Management Branch,

Telephone (206) 220-7272.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should identify this rulemaking (CGD 13-99-

005) and the specific section of this document to which each comment

applies, and give the reason for each comment. Please submit copies of

all comments and attachments in an unbound format, no larger than 8\1/

2\ by 11 inches, suitable for copying and electronic filing. Persons

wanting acknowledgment of receipt of comments should enclose stamped,

self-addressed postcards or envelopes. The Coast Guard will consider

all comments received during the comment period. It may change the

proposed rule in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Coast Guard including the reasons why

a hearing would be beneficial. If it determines that the opportunity

for oral presentations will aid this rulemaking, the Coast Guard will

hold a public hearing at a time and place announced by a later notice

in the Federal Register.

Background and Purpose

The purpose of the proposed changes to 33 CFR 117.1041 and 117.1051

is to alleviate commuter traffic congestion by removing Columbus Day

from the existing federal holiday exemption for the dual First Avenue

South Drawbridges across the Duwamish Waterway, mile 2.5, and the

drawbridges across the Lake Washington Ship Canal east of the

Chittenden Locks. These bridges are the Ballard Bridge at mile 1.1, the

Fremont Bridge at mile 2.6, the University Bridge at mile 4.3, and the

Montlake Bridge at mile 5.2. The regulations which are currently in

effect authorize various weekday closed periods during the hours of

heavy commuting so that openings for vessels will not worsen traffic

congestion. These closed periods do not apply on weekends or federal

holidays because the affected streets are not as heavily traveled on

those holidays. Columbus Day does not warrant this exemption. Many

employers in the Seattle area do not honor this holiday and, as a

result, the volume of commuter traffic does not appreciably diminish on

that day. Openings for the passage of vessels on this day at times of

peak traffic can cause significant delay to street traffic. The

proposed amendment will enable Columbus Day to be treated as any other

weekday with regard to opening the subject drawspans. The proposed

amendment also would delete reference to notification of the Seattle

City Engineer for emergency openings of the Lake Washington Ship Canal

bridges. Emergency openings shall be provided in accordance with 33 CFR

117.31. This part of the proposed amendment reflects the Coast Guard's

policy that notification made to the bridge tender is sufficient for

declaration of emergency requiring immediate opening of the draw.

Discussion of Proposed Rule

By specifically removing Columbus Day from the exempt category for

federal holiday in Sec. 117.1041 (a)(1) and Sec. 117.1051 (d)(2),

traffic congestion will be alleviated by preventing openings for

vessels of less than 5000 gross tons during the normal Monday through

Friday periods when the First Avenue South drawbridges need not be

opened for the passage of vessels and similarly for vessels of less

than 1000 gross tons in the case of the city drawbridges across the

Lake Washington Ship Canal. In contrast to other federal holidays.

Columbus Day does not present a significant reduction in commuter

traffic. Traffic remains high as on any other weekday peak period.

Under the proposed amendment, the subject drawbridges would not have to

open on signal at any time during the day as is currently required on

Columbus Day. Also requests for emergency openings of the Lake

Washington Ship Canal drawspans would be obtained by simply

[[Page 22594]]

notifying the drawtender on duty as provided by Sec. 117.31. The

requirement to make such a request with additional notification of the

city engineer would be removed from the above-cited paragraph.

Regulatory Evaluation

This proposed rule is not a significant regulatory action under

3(f) of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that Order. It

has not been reviewed by the Office of Management and Budget under that

Order. It is not significant under the regulatory policies and

procedures of the Department of Transportation (DOT) (44 FR11040;

February 26, 1979). The Coast Guard expects the economic impact of this

rule to be so minimal that a full regulatory evaluation under paragraph

10(e) of the regulatory policies and procedures of DOT is unnecessary.

The proposed rule would improve commuter traffic flow and enhance

navigational safety by simplifying the procedure for requesting an

emergency opening of drawspans.

Small Entities

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

Coast Guard considers whether this proceed rule, if adopted, will have

a significant economic impact on a substantial number of small

entities. ``Small entities'' include small businesses, not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields, and governmental jurisdictional with

populations less than 50,000. Therefore, for the reasons discussed in

the Regulatory Evaluation section above, the Coast Guard certifies

under 5 U.S.C. 605(b) of the Regulatory Flexibility Act that this

proposed rule, if adopted, will not have a significant impact on a

substantial number of small entities. If, however, you think that your

business or organization qualifies as a small entity and that this

proposed rule will have a significant impact on your business or

organization, please submit a comment (see Addresses) explaining why

you think it qualifies and in what way and to what degree this proposed

rule will economically affect it.

Collection of Information

This proposed rule does not provide for a collection of information

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposed rule in accordance with

the principles and criteria contained in Executive Order 12612, and has

determined that this proposed rule does not have sufficient federalism

implications for federalism to warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposed rule and concluded that, under Figure 2-1, paragraph 32(e) of

Commandant Instruction M16475.1C, this proposed rule is categorically

excluded from further environmental documentation because promulgation

of changes to drawbridge regulations have been found not to have a

significant effect on the environment. A written ``Categorical

Exclusion Determination'' is not required for this proposed rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the preamble, the Coast Guard proposes

to amend 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); section

117.255 also issued under the authority of Pub. L. 102-587, 106

Stat. 5039.

2. Revise Sec. 117.1041(a)(1) to read as follows:

Sec. 117.1041 Duwamish Waterway.

(a) * * *

(1) From 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: The draws shall open at any time for a

vessel of 5000 gross tons and 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.

* * * * *

3. Revise Sec. 117.1051(d)(2) to read as follows:

Sec. 117.1051 Lake Washington Ship Canal.

* * * * *

(d) * * *

(2) The draws need not open from 7 a.m. to 9 a.m. and 4 p.m. to 6

p.m. Monday through Friday, except all federal holidays but Columbus

Day, for any vessel of less than 1000 gross tons, unless the vessel has

in tow a vessel of 1000 gross tons or over.

* * * * *

Dated: April 19, 1999.

Paul M. Blayney,

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

[FR Doc. 99-10552 Filed 4-26-99; 8:45 am]

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