[Federal Register Volume 77, Number 95 (Wednesday, May 16, 2012)]
[Rules and Regulations]
[Pages 28767-28769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11810]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0074]
RIN 1625-AA09


Drawbridge Operation Regulation; Hood Canal, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is modifying the drawbridge operating 
regulation for the Hood Canal floating drawbridge near Port Gamble. 
This modification will relieve heavy rush hour road traffic on State 
Routes 3 and 104 by allowing the draw of the bridge to remain closed to 
maritime traffic during afternoon rush hours during summer months. This 
action will help alleviate heavy rush hour road traffic by reducing 
bridge openings, thereby reducing traffic queues and delays due to 
bridge openings.

DATES: This rule is effective May 22, 2012.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2012-0074 and are available online by 
going to http://www.regulations.gov, inserting USCG-2012-0074 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email the Bridge Administrator, Coast Guard Thirteenth 
District; telephone 206-220-7282 email [email protected]. 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: 

Regulatory Information

    On March 1, 2012 we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Hood Canal, WA in the 
Federal Register (77 FR 12514). We received 17 comments on the proposed

[[Page 28768]]

rule. No public meeting was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register because due to the volume of 
traffic and congestion in the area around the bridge any further delay 
would not be in the best interest for public safety. The Coast Guard 
conducted a test deviation of the bridge operating schedule from May 
27, 2011 through September 30, 2011 with comments received through 
November 30, 2011. The Coast Guard also published an NPRM, which 
referenced a May 22 start date. The comments received both from the 
test deviation and the NPRM were overwhelmingly in support of 
implementing this rule, with no comments opposing the modification.

Basis and Purpose

    Senator Phil Rockefeller and Representative Christine Rolfes of the 
Washington State Legislature requested that the operating regulations 
of the Hood Canal Bridge be changed to provide some relief to road 
traffic on State Routes 3 and 104. Traffic queues south of the eastern 
end of the bridge can be in excess of 45 minutes during and after 
openings of the draw span. The stopped road traffic on this two-lane 
highway blocks access to intersecting streets along the queue. The 
current operating regulations for the bridge are found at 33 CFR 
117.1045. Per existing operating regulations, the bridge shall open on 
signal if at least one hour notice is provided and the draw shall be 
opened horizontally for three hundred feet unless the maximum opening 
of 600 feet is requested. The current regulations remain in effect 
except for the establishment of the restricted period under this rule. 
Navigation on the waterway consists of commercial tugs with tows, 
recreational vessels of various sizes, commercial fishing vessels, and 
U.S. naval vessels with escort vessels including those of the U.S. 
Coast Guard. This new rule will not affect commercial tug and tow 
vessels nor will it affect U.S. Naval Vessels or vessels in service to 
the U.S. Navy or other pubic vessels of the United States because 
pursuant to this rule, the bridge is required to open for these types 
of vessels during the restricted period. The Coast Guard conducted a 
test deviation of the bridge operating schedule from May 27, 2011 
through September 30, 2011 during which the bridge was not required to 
open from 3 p.m. to 6 p.m. except for U.S. Navy Vessels and vessels 
attending the missions of the U.S. Navy. This test deviation was 
published in the Federal Register under docket number USCG-2010-0314 
and comments were received and evaluated during the comment period 
which ended November 30, 2011.
    Comments received, during the test deviation were evaluated and 
incorporated into a proposed rule which was published in the Federal 
Register on March 1, 2012 under docket number USCG-2012-0074.

Discussion of Comments and Changes

    The Coast Guard issued a Notice of Proposed Rulemaking (NPRM) under 
docket number USCG-2012-0074 and received comments through April 16, 
2012. 17 comments were received. The comments received in response to 
the NPRM were overwhelmingly in favor of instituting this rule. Sixteen 
of the 17 comments supported the modification. Eight of 16 comments 
supporting the modification also proposed adding similar restrictions 
on bridge openings for morning commute hours. The Coast Guard reviewed 
the bridge opening logs and the vehicle traffic counts for the morning 
hours and found no definitive benefit of imposing a morning restriction 
on the drawbridge operation. One comment was received in opposition to 
the applicability of the rule. The opposing commenter stated that the 
restriction should be expanded to include naval and commercial vessels. 
The Coast Guard reviewed the bridge opening logs and found no 
significant benefit gained by expanding the restrictions to tug and tow 
vessels which are exempt from this rule. The Coast Guard will not 
expand the restrictions to vessels of the U.S. Navy or vessels 
attending the missions of the U.S. Navy because restricting movement of 
U.S. Navy vessels could compromise national security. This final rule 
is being issued with no changes from the proposed rule issued under 
docket USCG-2012-0074.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Order or under section 
1 of Executive Order 13563. The Office of Management and Budget has not 
reviewed it under that Order. We have reached this conclusion by the 
fact that commercial tow vessels and U.S. Naval Vessels are exempt from 
the restricted openings. Vessels that would be primarily affected are 
recreational vessels that are not able to pass through the fixed 
navigational channels of the bridge. Vessels affected by the restricted 
opening schedule will be able to plan their trips to avoid the 
restricted period. There are no changes to the regulatory text of this 
rule from the previously issued NPRM.

Impact on 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 will 
not have a significant economic impact on a substantial number of small 
entities. This rule would primarily affect recreational sailboats which 
have mast heights that preclude them from passing under the fixed 
navigational openings in the bridge. Vessels which require an opening 
will be informed of the restricted closure period via the Coast Guard's 
Local Notice to Mariners which will allow them to plan trips to avoid 
this time frame.

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

[[Page 28769]]

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 (adjusted for inflation) or 
more in any one year. Though this rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This rule will not cause 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 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 rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and 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 concluded 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.
    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Amend Sec.  117.1045 by redesignating paragraphs (b) and (c) as 
paragraphs (c) and (d) respectively, and adding new paragraph (b) to 
read as follows:


Sec.  117.1045  Hood Canal.

* * * * *
    (b) The draw of the Hood Canal Bridge, mile 5.0, need not open for 
vessel traffic from 3 p.m. to 6:15 p.m. daily from 3 p.m. May 22 to 
6:16 p.m. September 30, except for commercial tug and tow vessels and 
vessels of the U.S. Navy or vessels attending the missions of the U.S. 
Navy and other public vessels of the United States. At all other times 
the bridge will operate in accordance with paragraph (a) of this 
section.
* * * * *

    Dated: May 3, 2012.
A.T. Ewalt,
Captain, U.S. Coast Guard Commander, Thirteenth Coast Guard District 
Acting.
[FR Doc. 2012-11810 Filed 5-15-12; 8:45 am]
BILLING CODE 9110-04-P