[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Rules and Regulations]
[Pages 51766-51767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24292]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0976]
RIN 1625-AA09


Drawbridge Operation Regulation; Lake Washington, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulation for the Evergreen Point Floating Bridge (SR-520 Floating 
Bridge) across Lake Washington, mile 4.3, at Seattle, WA. The 
drawbridge was replaced with a fixed bridge in 2016, and the operating 
regulation is no longer applicable or necessary. The SR-520 Floating 
Bridge was rebuilt, and the center span was built with a fixed span 
that replaced the draw.

DATES: This rule is effective November 8, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0976. 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 Mr. Steven Fischer, Bridge Administrator, Thirteenth 
Coast Guard District; 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
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that notice 
and comment procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds 
that good cause exists for not publishing a notice of proposed 
rulemaking (NPRM) because the Evergreen Point Floating Bridge (SR-520 
Floating Bridge), that once required draw operations in 33 CFR 
117.1049, was removed from Lake Washington and replaced with a fixed 
bridge in 2016. Therefore, the regulation is no longer applicable and 
needs to be removed. It is unnecessary to publish a NPRM because 
drawbridge regulations are only used for bridges that have an 
operational span that is intended to be opened for the passage of 
waterway traffic. The Evergreen Point Floating Bridge identified in 33 
CFR 117.1049 no longer exists and has been replaced by a bridge without 
an operational span.
    For the same reasons stated in the preceding paragraph, 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. The bridge at issue no longer has an operational 
span and therefore has no need of a drawbridge regulation. The removal 
of the regulation will not affect mariners currently operating on this 
waterway. Therefore, a delayed effective date is unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Evergreen Point Floating Bridge (SR-520 Floating Bridge) was 
removed and replaced with a fixed bridge in 2016. The elimination of 
this drawbridge necessitates the removal of the drawbridge operation 
regulation (33 CFR 117.1049) that pertains to the former drawbridge. 
The purpose of this rule is to remove the section of 33 CFR 117.1049 
that refers to the Evergreen Point Floating Bridge at mile 4.3 from the 
Code of Federal Regulations, because the bridge at that location is no 
longer has an operational span.

IV. Discussion of Final Rule

    The Coast Guard is changing the regulation in 33 CFR 117.1049 by 
removing restrictions and the regulatory burden related to the draw 
operations for this bridge that is no longer a drawbridge. The change 
removes the regulation governing the Evergreen Point Floating Bridge 
since the bridge has been replaced with a fixed bridge. This final rule 
will update the Code of Federal Regulations by removing language that 
governs the operation of the Evergreen Point Floating Bridge, which in 
fact is no longer a drawbridge. This change does not affect waterway or 
land traffic.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771. See OMB's Memorandum 
``Guidance Implementing Executive Order 13771, Titled `Reducing

[[Page 51767]]

Regulation and Controlling Regulatory Costs''' (April 5, 2017).
    As previously explained, the Evergreen Point Floating Bridge was 
removed from Lake Washington and replaced with a fixed bridge in 2016 
and no longer operates as a drawbridge. The removal of the operating 
schedule from 33 CFR part 117, subpart B, will have no effect on the 
movement of waterway or land traffic, but will serve to remove an 
outdated and obsolete provision from the CFR.

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 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.
    For the reasons stated in section IV.A above this final rule would 
not have a significant economic impact on any vessel owner or operator.
    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 would 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 Executive Order 
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 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.
    A Record of Environmental Consideration and a Memorandum for the 
Record 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; and Department of 
Homeland Security Delegation No. 0170.1.


Sec.  117.1049  [Removed]

0
2. Remove Sec.  117.1049.

David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2017-24292 Filed 11-7-17; 8:45 am]
 BILLING CODE 9110-04-P