
[Federal Register: October 21, 2008 (Volume 73, Number 204)]
[Proposed Rules]               
[Page 62450]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc08-13]                         


[[Page 62450]]

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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; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its notice of proposed 
rulemaking concerning drawbridge operations for the Spokane Street 
Bridge across the Duwamish Waterway, mile 0.3, in Seattle, Washington. 
The proposed rule would have established two daily closed draw periods 
Monday through Friday to help alleviate road traffic, with the proviso 
that openings would be provided at any time for vessels of 5000 gross 
tons or more. The proposed rule is being withdrawn because Spokane 
Street Bridge draw records along with road traffic counts conducted 
after the notice of proposed rulemaking was published indicate that the 
number of draw openings and the amount of traffic using the Spokane 
Street Bridge are not sufficient to warrant the negative impact that 
the proposed rule would have on commercial maritime traffic using the 
waterway under the bridge.

DATES: The notice of proposed rulemaking is withdrawn on October 21, 
2008.

ADDRESSES: The docket for this withdrawn rulemaking is available for 
inspection or copying at the 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, between 9 a.m. and 5 
p.m, Monday through Friday, except Federal holidays. You may also find 
this docket on the Internet at http://www.regulations.gov.

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, at 206-220-7282. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, at 202-366-9826

SUPPLEMENTARY INFORMATION:

Background

    On May 22, 2008, we published a notice of proposed rulemaking 
entitled ``Drawbridge Operation Regulation; Duwamish Waterway, Seattle, 
WA, Schedule Change'' in the Federal Register (73 FR 29723). The 
proposed rule would have established two daily closed draw periods for 
the Spokane Street Bridge across the Duwamish Waterway, mile 0.3, in 
Seattle, Washington, Monday through Friday to help alleviate road 
traffic, with the proviso that openings would be provided at any time 
for vessels of 5000 gross tons or more.

Withdrawal

    The notice of proposed rulemaking is being withdrawn because the 
Spokane Street Bridge draw records along with road traffic counts 
conducted after the notice of proposed rulemaking was published 
indicate that the number of draw openings and amount of traffic using 
the Spokane Street Bridge are not sufficient to warrant the negative 
impact that the proposed rule would have on commercial maritime traffic 
using the waterway under the bridge.
    Specifically, draw records indicate that the Spokane Street Bridge 
is opened an average of only two to three times per week during each of 
the proposed closed periods. While these openings halt traffic, the 
amount of traffic affected is much lower than other drawbridges in 
Seattle. Traffic counts on Spokane Street during the subject periods 
were also much lower than arterials like 15th Avenue and Montlake 
Avenue, which also cross drawbridges in Seattle.
    The maritime traffic that would be affected by the proposed rule 
includes oceangoing ships, container barges, derrick barges, and other 
large vessels that require the drawspan to open. Tidal fluctuations are 
critical for many of these vessels to move in the waterway under the 
Spokane Street Bridge. The proposed closed periods would delay this 
maritime traffic as a result of the bridge being closed as well as the 
effect of the closures on the ability of the vessels to transit at the 
appropriate tide elevation. Such delays have a substantial negative 
effect on maritime commerce due to the necessity of timely transit and 
delivery of the cargo being carried.
    The availability of a nearby alternate route was also considered. 
The West Seattle Bridge is a multi-lane, fixed, high-structure bridge 
immediately adjacent to the Spokane Street Bridge that can easily be 
used to transit to and from downtown Seattle instead of the Spokane 
Street Bridge, especially for that traffic which does not have a local 
destination at Harbor Island.
    The Coast Guard received 80 total responses to the notice of 
proposed rulemaking. 18 were from commercial maritime entities with an 
interest in using the waterway under the bridge. All of these responses 
rejected the proposed change due to delays in the movement of maritime 
traffic that would result from the proposed rule. The remaining 
responses were from individual commuters, many of which were 
bicyclists, with an interest in using the Spokane Street Bridge itself. 
All of these responses endorsed the proposal in order to facilitate 
commuting to and from downtown Seattle. At least one response objected 
to the exemption for vessels of 5000 gross tons or greater and another 
suggested that the closure proposed for the morning hours was more 
vital than the afternoon.

Authority

    This action is taken under the authority of 33 U.S.C. 499; 33 CFR 
1.05-1; Department of Homeland Security Delegation No. 0170.1.

    Dated: October 8, 2008.
J.P. Currier,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. E8-24985 Filed 10-20-08; 8:45 am]

BILLING CODE 4910-15-P
