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Drawbridge Operation Regulations; Lake Washington, Seattle, WA Publication: Federal Register Agency: U.S. Coast Guard Byline: J.W. Lockwood Date: 6 June 1995 Subjects: American Government  • Roads & Highways
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[Federal Register Volume 60, Number 108 (Tuesday, June 6, 1995)]
[Proposed Rules]
[Pages 29804-29806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13774]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD13-94-039]
RIN 2115-AE47
Drawbridge Operation Regulations; Lake Washington, Seattle, WA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend the regulations
governing the operation of the Evergreen Point, State Route 520,
floating drawbridge across Lake Washington at Seattle, Washington. The
proposed rule would modify five different aspects of the existing
operation regulations for the bridge including the notice period for
requesting an opening; the length of weekday closed periods; the
exemptions from weekday closed periods for Federal holidays and vessels
greater than 2000 gross tons; and the requirement that non-self
propelled vessels be towed through the draw. Through this action, the
Coast Guard seeks to alleviate commuter traffic congestion on the
bridge while continuing to meet the reasonable needs of navigation on
Lake Washington.
DATES: Comments must be received on or before August 7, 1995.
ADDRESSES: Comments may be mailed to Commander (OAN), Thirteenth Coast
Guard District, 915 Second Avenue, Seattle, Washington 98174-1067. The
comments and other materials referenced in this notice will be
available for inspection and copying at 915 Second Avenue, Room 3410,
Seattle, Washington. Normal office hours are between 7:45 a.m. and 4:15
p.m., Monday through Friday, except holidays. Comments may also be
hand-delivered to this address.
FOR FURTHER INFORMATION CONTACT:
John E. Mikesell, Chief, Plans and Programs Section, Aids to Navigation
and Waterways Management Branch, (Telephone: (206) 220-7270).
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 include their names and addresses,
identify this rulemaking (CGD13-94-039) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Please submit two 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 this proposal in view of the comments
received.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the address listed under ADDRESSES. The
request should include the reasons why a hearing would be beneficial.
If the Coast Guard 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.
Drafting Information
The principal persons involved in drafting this document are Austin
Pratt, Project Officer, Aids to Navigation Branch, Thirteenth Coast
Guard District, and Lieutenant Commander John C. Odell, Project
Counsel, Thirteenth Coast Guard District Legal Office.
Background and Purpose
At the request of the Washington State Department of Transportation
(WDOT), the Coast Guard is proposing to amend the drawbridge operation
regulations for the Evergreen Point, State Route 520, floating bridge
across Lake Washington at Seattle, Washington. The chief purpose of the
proposed amendment is to alleviate commuter traffic congestion on the
bridge while continuing to meet the reasonable needs of navigation.
In recent years vehicular traffic volumes on the bridge have
increased dramatically while requests for openings of the drawspan have
declined. State Route 520 is a major four-lane arterial in the Seattle
area and is heavily traveled during daily commuting hours. Any opening
of the drawspan during commuting hours would cause severe traffic
congestion and back ups.
Most of the vessels on Lake Washington are able to pass under the
bridge at its two fixed transition spans at either end of the floating
segment. With the exception of a few tall-masted sailing vessels,
floating construction equipment is the chief user of the drawspan. The
predominant navigational use of Lake Washington is recreational.
In recent years, the drawspan has been under extensive repair and
refurbishment. This work has required temporary changes to bridge
operations. Since September 21, 1992, temporary regulations allowed
WDOT to keep the drawspan closed except from 11 p.m. to 2 a.m. during
the week and from 11 p.m. to 5 a.m. on weekends. From April 1, 1994, to
October 1, 1994, the Coast Guard authorized WDOT to keep the drawspan
closed at all times during the final phase of the repair project.
Despite the highly restrictive nature of these temporary bridge
operation regulations, no objections were received from entities
representing commercial or recreational navigation on Lake Washington.
In order to alleviate roadway traffic congestion while continuing
to meet the reasonable needs of navigation, the proposed amendment
would modify five different aspects of the existing regulations:
First, the proposed amendment would increase the notice period for
requesting openings from one hour to two hours. The bridge does not
currently have continuous attendance by drawtenders, and in recent
years, drawtenders have had difficulty getting to the bridge in time to
make requested openings. This difficulty is the result of increased
roadway traffic in the Seattle metropolitan area. The proposed increase
in the notice period would give drawtenders sufficient time to arrive
at the bridge for openings. This proposal would not seriously
inconvenience navigation because vessel transits of the drawspan are
infrequent and can be planned in advance by vessel operators.
Second, the proposed amendment would increase the period during
which the drawspan may remain closed on weekdays. The existing
drawbridge operation regulations at 33 CFR 117.1049(c) allow the bridge
to remain closed from 6 a.m. to 10 a.m. and from 2 p.m. to 7 p.m.
Monday through Friday. The proposed amendment would establish a single,
yet substantially increased, closed period from 5 a.m. to 9 p.m. Monday
through Friday. The proposed increase in the length of the weekday
closed period is necessary to prevent the interruption of commuter
traffic on the bridge. A bridge [[Page 29805]] opening during peak
traffic hours can produce traffic gridlock on the bridge and its
approaches, and openings during the workday must be avoided. The small
number of openings requested in recent years and the nature of vessel
traffic on Lake Washington indicates that the impact on commercial and
recreational navigation from the increased closed period would be
minimal.
Third, the proposed amendment would remove Columbus Day from the
Federal holiday exemption to normal weekday closed periods. Under the
existing Federal holiday exemption contained in 33 CFR 117.1049(c), the
normal weekday closed periods do not apply on designated Federal
holidays. Unlike other Federal holidays, Columbus Day enjoys no
significant reduction in roadway traffic in the Seattle metropolitan
area. This difference is due to the fact that most employers in the
area do not observe Columbus Day. For this reason, commuter traffic
volumes remain substantial on Columbus Day. Removal of Columbus Day
from the federal holiday exemption would prevent the serious traffic
congestion that would be caused by opening the drawspan during heavy
commuter hours.
Fourth, the proposed amendment would remove the provision of 33 CFR
117.1049(c) that requires the drawspan to open during weekday closed
periods in order to accommodate piledrivers and vessels greater than
2000 gross tons. In recent years the use of Lake Washington by vessels
of this type and size has declined dramatically. Moreover, waters of
Lake Washington in the area of the bridge do not form a restricted
waterway, and the need for immediate openings for these larger and less
maneuverable vessels is therefore less critical. Finally, the passage
of such vessels can be planned in such a way as to avoid their arrival
at the bridge during the weekday closed periods.
Fifth, the proposed amendment would remove the provision of 33 CFR
117.1049(d) requiring non-self-propelled vessels to be towed through
the drawspan. The original purpose of this requirement was to avoid
delays to roadway traffic caused by openings requested by vessels
powered only by sail. The proposed increase in the length of the
weekday closed periods would reduce the significance of such an event,
and the possibility of such an event no longer needs to be specifically
accounted for in the bridge operation regulations.
Discussion of Proposed Rule
The proposed rule would amend paragraphs (a), (c), and (d) of 33
CFR 117.1049. Paragraph (a) would be changed to require two hours
notice for requesting an opening of the drawspan. Paragraph (b) would
remain unchanged as it continues to provide accurate information about
how to contact the operator for an opening. Paragraph (c) would be
changed to specify a closed period from 5 a.m. to 9 p.m. Monday through
Friday, except for all Federal holidays other than Columbus Day. This
increased weekday closed period would apply on Columbus Day but would
not apply on other designated Federal holidays. Paragraph (c) would
also be changed to remove the requirement that the drawspan open during
the weekday closed periods for piledrivers and vessels greater than
2000 gross tons. Paragraph (d) would be deleted, removing the
requirement that vessels powered only by sail be towed through the
drawspan.
Regulatory Evaluation
This proposal is not a significant regulatory action under 3(f) of
Executive Order 12866 and does not require an assessment of potential
cost 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 FR 11040; February 26, 1979).
The Coast Guard expects the economic impact of this proposed rule to be
so minimal that a full regulatory evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary. This
expectation is based on the fact that most commercial navigation on
Lake Washington can transit the bridge at its two fixed transition
spans at either end of the floating segment. Moreover, commercial
vessels can plan their transits so that they do not arrive at the
bridge during weekday closed periods. Finally, transits of the drawspan
by commercial vessels have become increasingly infrequent in recent
years.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant effect 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
(15 U.S.C. 632). For the reasons stated in the Regulatory Evaluation
above, the Coast Guard expects the impact of this proposal to be
minimal on all entities. Therefore, the Coast Guard certifies under 5
U.S.C. 605(b) that this proposal, if adopted, will not have a
significant economic impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection-of-information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2. of COMDTINST
M16475.B, the proposed regulation is categorically excluded from
further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Proposed 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. Section 117.1049 is amended by revising paragraphs (a) and (c)
and by removing paragraph (d) to read as follows:
Sec. 117.1049 Lake Washington.
* * * * *
(a) The draw shall open on signal if at least two hours notice is
given.
* * * * *
(c) The draw need not be opened from 5 a.m. to 9 p.m. Monday
through Friday, except for all Federal holidays other than Columbus
Day.
[[Page 29806]] Dated: May 23, 1995.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 95-13774 Filed 6-5-95; 8:45 am]
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