[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Rules and Regulations]
[Pages 31412-31414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12393]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0911]
RIN 1625-AA09


Drawbridge Operation Regulation; Thea Foss Waterway Previously 
Known as City Waterway, Tacoma, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Murray Morgan Bridge, also known as the South 11th Street 
Bridge, across Thea Foss Waterway, mile 0.6, previously known as City 
Waterway, at Tacoma, WA. This modified rule allows more efficient 
staffing of the bridge operating crew by requiring advance notification 
for bridge openings during designated hours. This rule also removes 
previously authorized closure periods for the bridge to better reflect 
present day transportation needs. Lastly, this rule updates contact 
information for requesting emergency bridge openings.

DATES: This rule is effective June 24, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0911. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 Randall Overton, Bridge Administrator, Coast Guard 
Thirteenth District; telephone (206) 220-7282, email 
[email protected]. If you have questions on viewing the 
docket, call Barbara Hairston, Program Manager, Docket Operations, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    On November 20, 2012 the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled, ``Drawbridge Operation Regulation; Thea 
Foss Waterway previously known as City Waterway, Tacoma, WA'' in the 
Federal Register (77 FR 69576). The Coast Guard received no comments on 
the proposed rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    The Murray Morgan Bridge, also known as the South 11th Street 
Bridge crosses the Thea Foss Waterway at mile 0.6 Tacoma, WA. The Thea 
Foss Waterway was previously known as City Waterway. The Murray Morgan 
is a vertical lift bridge which provides 60 feet of vertical clearance 
at mean high water (MHW) while in the closed position and 135 feet of 
vertical clearance in the open position. The bridge is currently 
operated in accordance with 33 CFR Sec.  117.1061,

[[Page 31413]]

which states that the draw need not be opened from 6:30 a.m. to 8:30 
a.m. and 3:30 p.m. to 5:30 p.m. Monday through Friday, for vessels less 
than 1,000 gross tons.
    The City of Tacoma requested the current operating regulation for 
the Murray Morgan Bridge be modified to address changes in maritime and 
terrestrial transportation usage. The modifications to the operating 
schedule for the Murray Morgan Bridge outlined in this Final Rule will 
allow the City of Tacoma to staff the bridge operating crew more 
efficiently and better accommodate present day and reasonably 
foreseeable transportation needs. This modification also updates 
contact information needed to request emergency openings of the bridge.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a 45-day comment period and no comments 
were received.
    This Final Rule modifies the operating regulation for the Murray 
Morgan Bridge with three amendments. The first amendment requires that 
for bridge openings between 10 p.m. and 8 a.m., notification be made no 
later than 8 p.m. prior to the desired opening. This differs from the 
existing regulation in that presently the bridge is required to open at 
all times (except during authorized closure periods) provided two hours 
advance notice is given. This amendment for notification by 8 p.m. for 
openings between 10 p.m. and 8 a.m. is because openings between 10 p.m. 
and 8 a.m. are extremely rare. Over an 18 month period there were only 
6 bridge openings requested between 10 p.m. and 8 a.m. One of the 
unique features of the Murray Morgan Bridge is its height above the 
waterway providing 60 feet of clearance at mean high water (MHW) in the 
closed position. Because of this vertical clearance the overwhelming 
majority of vessels which transit this waterway do not require a bridge 
opening. The majority of bridge openings are for locally moored and 
operated recreational sailboats with mast heights over 60 feet. Almost 
all of these vessels are moored at marinas in very close proximity of 
the bridge.
    The second amendment to the regulation removes the authorized 
morning and afternoon bridge closure periods. The current regulation 
states that the draw need not be opened from 6:30 a.m. to 8:30 a.m. and 
3:30 p.m. to 5:30 p.m. Monday through Friday, for vessels of less than 
1,000 gross tons. This modification to the operating schedule requires 
the draw to open at all times with two hours advance notification, 
except as stated in the first amendment above. The morning and 
afternoon authorized bridge closures in the existing regulation were 
put into place when the bridge was part of SR 509, a continuous route 
from Northeast Tacoma to downtown, and traffic volumes were 
approximately 15,000 vehicles per day. In 1997 a new SR 509 was 
constructed approximately 0.7 miles south of the bridge and is now used 
as the main traffic corridor. After completion of the new SR 509, the 
Murray Morgan Bridge connection between Northeast Tacoma and downtown 
was severed due to roadway reconfiguration, resulting in a dramatic 
decrease of traffic volumes.
    The third amendment to the existing regulation changes the contact 
information for emergency bridge openings. The existing regulation 
states ``In emergencies, openings shall be made as soon as possible 
upon notification to the Washington State Department of 
Transportation.'' This modification states notification for emergency 
openings would be made to the City of Tacoma. The reason for this 
change is because Washington State gave ownership and responsibility of 
the bridge to the City of Tacoma on January 6, 1998.

D. Regulatory Analyses

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

1. 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 Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. The Coast Guard bases this 
finding on the fact that very few vessels will be impacted because all 
requested bridge openings will be granted with the requisite advance 
notification.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. 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 action will not have a 
significant economic impact on a substantial number of small entities 
because it does not authorize closure periods for the bridge, only 
advance notification requirements. Additionally, because the bridge 
provides 60 feet of vertical clearance when it is in the closed 
position only a very few numbers of vessels using the waterway require 
a bridge opening to transit the area. Vessels which do require an 
opening will be granted an opening without delay when appropriate 
notification is given.

3. 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 rule. If the rule affects your small 
business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship

[[Page 31414]]

between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
We have analyzed this rule under that Order and have determined that it 
does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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

8. 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

9. 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.

10. 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 does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule simply promulgates the operating regulations or 
procedures for drawbridges. 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. In Sec.  117.1061, revise paragraph (b) to read as follows:


Sec.  117.1061  Tacoma Harbor.

* * * * *
    (b) The draw of the Murray Morgan Bridge, also known as the South 
11th Street Bridge, across Thea Foss Waterway, previously known as City 
Waterway, mile 0.6, at Tacoma, shall open on signal if at least two 
hours notice is given. However, to obtain a bridge opening between 10 
p.m. and 8 a.m. notification must be made to the City of Tacoma by 8 
p.m. In emergencies, openings shall be made as soon as possible upon 
notification to the City of Tacoma.

    Dated: May 14, 2013.
K. A. Taylor,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2013-12393 Filed 5-23-13; 8:45 am]
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