[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Rules and Regulations]
[Pages 81184-81186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32737]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0285]
RIN 1625-AA09


Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the South Park Highway Bridge, on the Duwamish Waterway, mile 
3.8, at Seattle, WA. This modification revises closure hours for the 
South Park Highway Bridge. This action improves movement of rush hour 
highway traffic while having minimal impact to maritime waterway 
traffic.

DATES: This rule is effective January 28, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0285 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SNPRM Supplementary notice of proposed rulemaking
Sec.  Section
WSDOT Washington State Department of Transportation

II. Background Information and Regulatory History

    On May 14, 2015, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Drawbridge Operations: Duwamish Waterway, 
Seattle, WA'' in the Federal Register (80 FR 27619). We received one 
comment on the rule. No public meeting was requested, and none was 
held.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C 499. 
The South Park Highway Bridge is a double bascule leaf drawbridge, and 
provides 34.8 feet of vertical clearance at center span while in the 
closed position, 30 feet of vertical clearance at the extreme east and 
west ends of the navigable channel, and unlimited vertical clearance in 
the fully open position. Vertical clearances are referenced to mean 
high-water elevation (MHW). Horizontal clearance is 128 feet. The South 
Park Highway Bridge is subject to tidal influence, and has at least 15 
feet of water depth at the bridge site at mean lower low water.
    The drawbridge operating regulations at 33 CFR 117.1041(a) (2) 
currently states that the South Park Highway Bridge need not be opened 
for the passage of vessels from 6:30 a.m. to 8:00 a.m. and 3:30 p.m. to 
5 p.m., Monday through Friday, except Federal holidays.
    The current drawbridge operating regulation was written to 
accommodate commuter patterns associated with morning and afternoon 
highway traffic associated with Boeing Plant number 2 shift changes. As 
of 2011, this plant is no longer operational and therefore highway 
traffic densities have changed. King County owns and operates the South 
Park Highway Bridge, and requested a permanent change to the existing 
operating regulation. The rule modification will update drawbridge 
closure times to better meet current highway traffic demands. Modifying 
the existing drawbridge regulation will better meet the needs of 
current highway users, and current commuter traffic patterns, while 
meeting reasonable needs to maritime navigation. This modification 
improves movement of rush hour highway traffic while having minimal 
impact to maritime waterway traffic.
    Vessel traffic on the Duwamish waterway consists of vessels ranging 
from small pleasure craft, sailboats, small tribal fishing boats, and 
commercial tug and tow, and mega yachts.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received one comment on the proposed operating 
schedule change from Delta Marine Industries. The rule change to the 
existing South Park Highway Bridge operating regulation would represent 
a restriction on navigation related to Delta Marine Industries' 
business. Currently, the closure hours of the 1st Avenue South Bridge 
(6:00-9:00 a.m. and 3:00-6:00 p.m., the same hours as now proposed for 
the South Park Highway Bridge) are the limiting factor for access of 
large vessels between Delta Marine Industries and Elliott Bay. With the 
change to the closure hours for the South Park Highway Bridge, vessels 
arriving and departing Delta Marine Industries would be delayed/
impacted based on a half hour transit time between South Park Highway 
Bridge and 1st Avenue South Bridge.
    Delta Marine Industries agrees with the concept of modifying the 
closure hours for the South Park Highway Bridge in a way that reflects 
current usage. However, Delta Marine Industries believes that matching 
the closure hours for the South Park Highway Bridge to those of the 1st 
Avenue South Bridge does not accommodate the needs of maritime users. 
Delta Marine Industries proposed revising the closure hours for the 
South Park Highway Bridge to 6:30-8:30 a.m. and 3:30-5:30 p.m., Monday 
through Friday except Federal holidays. King County agreed with Delta 
Marine Industries' proposal.
    Therefore, the Coast Guard is modifying the drawbridge operating 
regulations at 33 CFR 117.1041(a) (2). The Coast Guard amends the 
opening schedule such that the bridge need not be opened for the 
passage of vessels from 6:30 a.m. to 8:30 a.m. and 3:30 p.m. to 5:30 
p.m., Monday through Friday, except Federal holidays other

[[Page 81185]]

than Columbus Day. This amendment will increase efficiency for current 
highway traffic demands in light of changed traffic patterns and ensure 
minimal impact to maritime waterway traffic. All other requirements 
regarding the South Park Bridge under 33 CFR 117.1041 will remain the 
same.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on these statutes or E.O.s. and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the fact that the 
change will add thirty minutes to each closure period for the 
drawbridge, minimally impacting vessels transiting the waterway. The 
change does not otherwise significantly alter the duration and time 
frame of the current closure schedule.

B. 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 this rule will be in 
effect twice a day for a total of four hours when vehicle traffic is 
high. Vessels that can safely transit under the bridge may do so at any 
time.
    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 will affect 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.

C. 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.).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship 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 is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, 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.

E. 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 an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 made a 
determination 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 simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, 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.

G. 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.

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. Revise Sec.  117.1041(a)(2) to read as follows:


Sec.  117.1041  Drawbridge Operation Regulation; Duwamish River; 
Seattle WA

    (a) * * *
    (2) The draw of the South Park Bridge, mile 3.8, need not be opened 
for the

[[Page 81186]]

passage of vessels from 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 
5:30 p.m., Monday through Friday except, Federal holidays, other than 
Columbus Day.
* * * * *

    Dated: December 14, 2015.
R.T. Gromlich,
Rear Admiral, U. S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2015-32737 Filed 12-28-15; 8:45 am]
 BILLING CODE 9110-04-P