[Federal Register: September 9, 2003 (Volume 68, Number 174)]
[Rules and Regulations]
[Page 53050-53052]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se03-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD13-02-012]
RIN 1625-AA09
Drawbridge Operation Regulations; Lake Washington Ship Canal, WA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the regulations governing the
drawspan of the Montlake Bridge across the east end of the Lake
Washington Ship Canal by lengthening the hours that the draw need not
open for the passage of vessels during the part of the year when vessel
traffic is low. The change will relieve vehicular congestion during the
peak congested period for road traffic.
DATES: This rule is effective October 9, 2003.
ADDRESSES: Comments and related material received from the public, as
well as documents indicated in this preamble as being available in the
docket, are part of docket CGD13-02-012 and are available for
inspection or copying at Commander (oan), Thirteenth Coast Guard
District, 915 Second Avenue, Seattle, Washington 98174-1067 between
7:45 a.m. and 4:15 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief, Bridge Section,
Aids to Navigation and Waterways Management Branch, telephone (206)
220-7282.
SUPPLEMENTARY INFORMATION:
Regulatory History
On September 30, 2002, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Lake Washington Ship
Canal, WA, in the Federal Register (67 FR 189). We received no letters
commenting on the proposed rule. No public meeting was requested, and
none was held.
Background and Purpose
The Washington State Department of Transportation (WSDOT) requested
this change in the drawbridge operations schedule to alleviate traffic
congestion in the Montlake area by increasing the periods for part of
the year in which the drawbridge need not open for the passage of
vessels.
The draw of the Montlake Bridge, mile 5.2, Lake Washington Ship
Canal at Seattle, Washington, opens on signal except that the draw need
not open for the passage of vessels from 7 a.m. to 9 a.m. and from 3:30
p.m. to 6:30 p.m., Monday through Friday, except federal holidays, for
any vessel of less than 1000 gross ton, unless the vessel has in tow a
vessel of 1000 gross tons or over. The draw need only open on the hour
and half-hour from 12:30 p.m. to 3:30 p.m. and from 6 p.m. to 6:30 p.m.
Between the hours of 11 p.m. and 5 a.m. the draw opens if one hour
notice is provided. This notice requirement has been voluntarily
suspended by WSDOT. The bridge is staffed by operators 24 hours a day.
This change removes this nighttime notice provision.
The Montlake Bridge provides 48 feet of vertical clearance above
the mean regulated lake level of Lake Washington for the central 100
feet of the bascule span. Navigation on the waterway includes tugs,
gravel barges, construction barges, sailboats, motor yachts, kayaks,
rowing shells, and government vessels.
The Lake Washington Ship Canal bisects Seattle from east to west
and is currently crossed by two fixed highway bridges and four
vehicular bascules, of which the Montlake is the easternmost. At the
western extremity seaward of the Hiram Chittenden Locks at Ballard is a
single-leaf railroad bascule.
The Montlake Bridge is critical to north-south road traffic in its
area. The closest alternative crossing is about 0.8 mile to the west
and cannot be reached easily without traveling other congested streets
during peak traffic hours.
This change would alleviate vehicular congestion by lengthening the
periods
[[Page 53051]]
that the bridge would be allowed to remain closed to marine traffic
from the beginning of September to the end of April each year. These
months correspond approximately to the foul weather period in Seattle
when congestion is heaviest and vessel traffic is lowest.
Discussion of Comments and Changes
No comments were received in response to the notice and no change
is being made to the rule as proposed in this rulemaking.
Regulatory Evaluation
This 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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
The impact of this rule is expected to improve traffic flow on
Montlake Boulevard without impeding navigation.
This conclusion is based on the fact that the majority of vessels
plying the canal will not be hindered by this change. Many of the
commercial and recreational vessels can pass the span without an
opening. Vessel traffic diminishes significantly during the months that
are affected while the annual maximal use period remains unaffected.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule
would not have a significant economic impact on a substantial number of
small entities. There are no known small entities affected by this
rule.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. No
assistance was requested.
Collection of Information
This rule calls 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 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 rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not economically significant and does not concern an environmental
risk to health or risk to safety that may disproportionately affect
children.
Indian Tribal Governments
This 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 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under Section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation. There are no known effects of this rule
that would warrant further analysis and documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out in the preamble, the Coast Guard amends Part
117 of Title 33, Code of Federal Regulations, as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Section 117.1051(e)(2)(i) is revised and paragraph (e)(3) is removed
to read as follows:
Sec. 117.1051 Lake Washington Ship Canal.
* * * * *
(e) * * *
(2) * * *
(i) The draw need not open from 7 a.m. to 9 a.m. and from 3:30 p.m.
to 6:30
[[Page 53052]]
p.m. from April 30 to September 1 and from 7 a.m. to 10 a.m. and from
3:30 p.m. to 7 p.m. from September 1 to April 30.
* * * * *
Dated: August 26, 2003.
Jeffrey M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 03-22794 Filed 9-8-03; 8:45 am]
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