[Federal Register Volume 66, Number 29 (Monday, February 12, 2001)]
[Proposed Rules]
[Pages 9779-9781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3550]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-01-001]
RIN 2115-AE47


Drawbridge Operations Regulations; Lake Washington Ship Canal, 
Seattle, WA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the operating 
regulations for the Ballard Bridge across the Lake Washington Ship 
Canal, mile 1.1, at Seattle, Washington. This change limits double-leaf 
opening of the draw daily to 5 a.m., 12:30 p.m., and 8 p.m. contingent 
upon five hours notice being given. Single-leaf openings would be 
provided in accordance with the currently established operating 
schedule and would be unaffected by this rulemaking. This temporary 
change is needed for 15 months to accommodate a major refurbishment 
project to the operating and drive systems of the bridge by the City of 
Seattle.

DATES: Comments and related material must reach the Coast Guard on or 
before April 13, 2001.

ADDRESSES: You may mail comments and related material 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. The Aids 
to Navigation and Waterways Management Office maintains the public 
docket for this rulemaking. Comments and material received from the 
public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying.

FOR FURTHER INFORMATION CONTACT: Austin Pratt, Project Officer, 
Thirteenth Coast Guard District, (206) 220-7282.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD or 
COTP docket number), indicate the specific section of this document to 
which each comment applies, and give the reason for each comment. 
Please submit all comments and related material in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying. If you would 
like to know they reached us, 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.

Pubic Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander Thirteenth Coast Guard 
District (oan) at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time

[[Page 9780]]

and place announced by a later notice in the Federal Register.

Background and Purpose

    The City of Seattle proposes to replace the aged operating and 
drive systems of the bascule drawspan of the Ballard Bridge across the 
Lake Washington Ship Canal, mile 1.1, at Seattle, Washington. To 
minimize interference with navigation, only one leaf will be 
temporarily disabled at a time. The disabled draw leaf will be powered 
by a winch system that will not perform at the usual speed for this 
drawbridge. In order to avoid lengthy inoperative periods, the bridge 
owner proposes three daily periods during which the draw will open 
fully for vessels unable to safely pass through one-half of the span. 
With five hours notice, both leaves of the draw would open at 5 a.m., 
12:30 p.m., and 8 p.m. on any day of the week. During the project, 
single-leaf openings would be available according to the operating 
schedule currently in effect. This rulemaking would provide that both 
draw leaves need not be opened for the passage of vessels, including 
vessels engaged in towing operations, from 7 a.m. to 9 a.m. and from 4 
p.m. to 6 p.m. Monday through Friday, except federal holidays, for any 
vessel under 1000 gross tons.

Discussion of Proposed Rule

    The Coast Guard proposes that double-leaf openings be required only 
three times daily after no less than five hours notice for a requested 
opening. These three scheduled openings would be at 5 a.m., 12:30 p.m., 
and 8 p.m. Single-leaf openings would be available whenever openings 
are currently required by the normal operating regulations of the 
bridge. Unless a vessel is 1000 gross tons or over, it need not receive 
an opening of the Ballard Bridge from 7 a.m. to 9 a.m. and 4 p.m. to 6 
p.m., Monday through Friday (federal holidays excepted). With a single 
leaf open the Ballard Bridge provides 62.5 feet of horizontal clearance 
(125 feet with both leaves open) with unrestricted vertical clearance. 
In the closed position, the drawbridge provides 45 feet of vertical 
clearance above the mean regulated lake level (Lake Washington). 
Shorter periods of single-span opening operations have been authorized 
in the past. The majority of vessels on the related reach of the 
waterway can safely pass through a single-leaf draw opening.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 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. 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 Transportation (DOT) (44 FR 11040, 
February 26, 1979).
    We expect 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 
conclusion is based on the fact that most vessels will be able to pass 
the bridge with little change from normal operations and that all 
vessels can be accommodated three times a day.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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. Some vessel owners might be temporarily 
inconvenienced by the change, if effected, but the delay should not be 
significant, especially after vessel operators learn of the change and 
can therefore plan their trips on the canal accordingly.
    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.

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

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this rule does not have implications for 
federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This proposed rule would not impose an unfunded mandate.

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 does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.lC, this proposed rule is categorically excluded 
from further environmental documentation because promulgation of 
drawbridge regulations have been found not to have a significant effect 
on the environment. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges

Regulations

    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; 49 CFR 1.46; 33 CFR 1.05-1-(g); 
section 117.255 also issued

[[Page 9781]]

under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. From 5 a.m. on June 4, 2001, through 8 p.m. on September 30, 
2002, Sec. 117.1051 is temporarily amended by adding paragraph (d)(4) 
as follows:


Sec. 117.1051  Lake Washington Ship Canal.

* * * * *
    (d) * * *
    (4) From 5 a.m. on June 4, 2001, to 8 p.m. September 30, 2002, the 
Ballard Bridge, mile 1.1, need not open both draw leaves for the 
passage of vessels, including those engaged in towing operations, 
except at 5 a.m., 12:30 p.m., and 8 p.m., if at least five hours notice 
is given.
* * * * *

    Dated: February 2, 2001.
Erroll Brown,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 01-3550 Filed 2-9-01; 8:45 am]
BILLING CODE 4910-15-U