[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Proposed Rules]
[Page 29723-29725]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my08-16]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2008-0256]
RIN 1625-AA09
Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA,
Schedule Change
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the drawbridge operation
regulation for the Spokane Street Bridge across the Duwamish Waterway,
mile 0.3, in Seattle, Washington, by establishing two daily closed draw
periods Monday through Friday. The change is necessary to help
alleviate roadway traffic and will do so by preventing traffic
stoppages on either side of the bridge during high volume traffic
periods. Large vessels would be exempted from the closed draw periods.
DATES: Comments and related material must reach the Coast Guard on or
before July 21, 2008.
ADDRESSES: You may submit comments identified by the Coast Guard docket
number USCG-2008-0256 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Austin Pratt, Chief, Bridge Section, Waterways Management
Branch, 13th Coast Guard District, telephone 206-220-7282. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking USCG-2008-0256, indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying. If you submit them by mail and would like to know that they
reached the Facility, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0256)
in the search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays or the 13th Coast Guard District Waterways Management Branch
at 915 Second Avenue, Seattle, WA 98174-1067 between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
a public meeting would aid this rulemaking, we will hold one at a time
and place
[[Page 29724]]
announced by a later notice in the Federal Register.
Background and Purpose
The proposed rule would enable the Seattle Department of
Transportation (SDOT), the owner of the Spokane Street Bridge, to keep
the draws of that bridge in the closed position in order to help
alleviate roadway traffic Monday through Friday from 7 a.m. to 9 a.m.
and from 4 p.m. to 6 p.m., with the proviso that openings shall be
provided at any time for vessels of 5000 gross tons or more.
The operating regulations currently in effect for the Spokane
Street Bridge are found at 33 CFR 117. The drawspan currently operates
under the general requirements of 33 CFR 117.1041 such that it must
open on signal for the passage of vessels at any time. The bridge was
constructed in 1991 and has never been subject to any special operating
regulations.
The bridge provides a minimum of 44 feet of vertical clearance
above mean high water (elevation 10.47) in the closed position, but 55
feet for the central 130 feet of span width. The horizontal clearance
is 250 feet. In the fully open position the bridge allows unlimited
vertical clearance over the channel.
For a 12-month period in 2007 and 2008 the draw opened for vessels
an average of about 10 times per month in each of the morning and
afternoon periods proposed for closure. The draw opens approximately 2
or 3 times per week in each of the periods proposed for closure.
Openings for vessels occur around the clock at this bridge with no
frequency pattern apparent to particular times. Since 1996 the total
monthly openings have ranged from 103 to 360. The traffic transiting
through the bridge opening includes oceangoing ships, container barges,
derrick barges and other large vessels that require the drawspan to
open. Most openings are for commercial vessels. Single openings
sometimes accommodate several vessels. Based on drawspan records, this
proposed rule will reduce the current number of openings up to 60
percent in the periods proposed for closure. Vessels of 5000 gross tons
or more would still be accommodated during the periods proposed for
closure.
The draw is open for periods of 10 to 17 minutes for the above
cited operations. Roadway traffic then takes several minutes to regain
the flow that existed prior to the draw opening. SDOT studied a period
from July through September of 2007 during which the average weekday
daily traffic ranged from 10,900 to 11,400 vehicles. Of this number,
500 to 1500 vehicles or more are passing over the bridge in each period
proposed for closure. Halted vehicle counts are not available.
Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR 117.1041 by renumbering
the current paragraphs (a)(1) and (2) to (a)(2) and (3), respectively,
and adding a new paragraph (a)(1) establishing that ``the draw of the
Spokane Street Bridge, mile 0.3, need not open for vessels of less than
5000 gross tons from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday
through Friday.'' The periods of closure will help alleviate road
traffic by preventing traffic stoppages on either side of the bridge
during high volume traffic periods.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. We reached this conclusion based
on the fact that most vessel operators can plan their passage in
accordance with the closed periods to minimize any impact on their
activities.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would affect the following
entities, some of which might be small entities: the owners or
operators of vessels needing to transit under the Spokane Street Bridge
between 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., Monday through Friday.
The economic impact on these entities will not be significant, however,
because the closures are limited to two, two-hour periods each day,
Monday through Friday, most vessel operators can plan their passage in
accordance with the closed periods to minimize impact on their
activities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how, and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Austin Pratt, Chief, Bridge
Section, Waterways Management Branch, 13th Coast Guard District, at
(206) 220-7282. The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
[[Page 29725]]
Taking of Private Property
This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed 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 proposed 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. The Administrator of Information and Regulatory Affairs has
not designated this as a significant energy action. Therefore, it does
not require a Statement of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is not likely to
have a significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
List of Subjects in 33 CFR Part 117
Bridges.
Words of Issuance and Proposed Regulatory Text
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
2. In (Sec. 117.1041 redesignate paragraphs(a)(1) and (a)(2) as
(a)(2) and (a)(3) and add a new paragraph (a)(1) to read as follows:
Sec. 117.1041 Duwamish Waterway.
(a) * * *
(1) The draw of the Spokane Street Bridge, mile 0.3, need not open
for vessels of less than 5,000 gross tons from 7 a.m. to 9 a.m. and
from 4 p.m. to 6 p.m., Monday through Friday.
* * * * *
Dated: April 30, 2008.
J.P. Currier,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. E8-11439 Filed 5-21-08; 8:45 am]
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