[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Proposed Rules]
[Pages 10648-10650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04912]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0695]
RIN 1625-AA09


Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Chambers Bay railroad lift bridge (Chambers Bay Bridge) 
across Chambers Bay, mile 0.01, near Steilacoom in Pierce County, WA. 
The modified schedule would remove the stationed bridge operator at the 
subject drawbridge during the evening hours due to minimal usage 
between these hours.

DATES: Comments and related material must reach the Coast Guard on or 
before April 11, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0695 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
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
BNSF Burlington Northern Santa Fe
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Coast Guard proposes to add a new operating schedule that 
governs the Chambers Bay Bridge. Burlington Northern Santa Fe Railway 
Company (BNSF) owns and operates the vertical lift Chambers Bay Bridge, 
mile 0.01, near Steilacoom in Pierce County, WA, and has requested a 
change to the operating schedule based on minimum

[[Page 10649]]

usage between 10 p.m. and 6 a.m. over the past 6 years. The subject 
bridge operates in accordance with 33 CFR 117.5 which is the draw shall 
open on demand. This proposed rule will be a specific operating rule in 
Subpart B for the subject bridge. We propose a new rule that will not 
require the subject bridge to station an operator from 10 p.m. to 6 
a.m., but the draw shall open on signal if at least four hours of 
notice is given. The draw will be required to open as soon as possible, 
no later than one hour after notification, for vessels engaged in 
emergency response.
    Chambers Bay Bridge has a vertical clearance of 10ft in the closed-
to-navigation position, and 50ft of vertical clearance in the open-to-
navigation position (reference MHW elevation of 12.2 feet). We 
published a test deviation on July 20, 2017, in the Federal Register 
(82 FR 33448) titled Drawbridge Operation Regulation; Chambers Creek, 
Steilacoom, WA. No comments have been received for the test deviation. 
During the test deviation, we have not received any complaints on the 
operation of the Chambers Bay Bridge with no operator stationed from 10 
p.m. to 6 a.m., and openings with an hour's notice to test emergency 
response have been conducted successfully.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters passing under, through or near the Chambers 
Bay Bridge. The Coast Guard proposes this rulemaking under authority in 
33 U.S.C. 1231.

III. Discussion of Proposed Rule

    Chambers Bay provides no alternate routes to pass around the 
Chambers Bay Bridge. This new rule would allow BNSF to better balance 
the needs of marine and rail traffic. In the last 6 years, only 2% of 
the subject bridge lifts have occurred between the hours of 10 p.m. and 
6 a.m., which equates to approximately 5 openings a year. Between 
February 2009 to June 2015, 1,932 total openings were conducted, and of 
those, 40 occurred between the hours of 10 p.m. and 6 a.m.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analysis based on these statutes and Executive Orders, and we discuss 
First Amendment rights of protestors.

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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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. This regulatory action 
determination is based on the ability for mariners to transit under the 
bridge from 10 p.m. to 6 a.m. with no operator present if a four hour 
notice is given. The drawbridge will also be required to open as soon 
as possible, but no later than one hour after notification, for vessels 
engaged in emergency response.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit 
under the bridge may be small entities, for the reasons stated in 
section IV.A. above, this proposed rule would not have a significant 
economic impact on any vessel owner or operator. Navigation traffic 
within Chambers Bay consists primarily of the tenants of Chambers Bay 
marina (recreational users) that are members of the Chambers Bay 
Boating Association. The boating association has been involved with 
this operating schedule change, and we have communicated with them 
requesting for their participation by submitting public comments. No 
comments have been received.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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 proposed rule will not 
result in such expenditure, we do discuss the effects of this proposed 
rule elsewhere in this preamble.

[[Page 10650]]

F. Environment

    We have analyzed this proposed 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 preliminary 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 proposed rule simply 
promulgates the operating regulations or procedures for drawbridges. 
Normally such actions are categorically excluded from further review, 
under figure 2-1, paragraph (32) (e), of the Instruction.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this proposed rule. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. Add Sec.  117.1029 to read as follows:


Sec.  117.1029  Chambers Bay.

    The draw of the Chambers Bay railroad lift bridge, mile 0.01, at 
Chambers Bay, shall open on signal except between 10 p.m. to 6 a.m. The 
draw shall open on signal from 10 p.m. to 6 a.m. when at least four 
hours of notice has been given via the phone number posted on the 
bridge, and as soon as possible, no later than 1 hour after 
notification, for vessels engaged in emergency response.

    Dated: February 16, 2018.
Brendan C. McPherson,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2018-04912 Filed 3-9-18; 8:45 am]
 BILLING CODE 9110-04-P