[Federal Register Volume 64, Number 80 (Tuesday, April 27, 1999)]
[Proposed Rules]
[Pages 22593-22594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10552]
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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]
BILLING CODE 4910-15-M
