[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Proposed Rules]
[Pages 11912-11914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06078]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0001]
RIN 1625-AA09


Drawbridge Operation Regulation; Drawbridge Operation Regulation; 
Duwamish Waterway, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the operating schedule that 
governs the South Park Highway drawbridge, across the Duwamish Waterway 
mile 3.8, at Seattle, WA. Due to infrequent bridge opening requests, 
King County, the bridge owner, is requesting to change the current 
regulation to reduce the bridge operating costs by eliminating the 
nighttime bridge operator, and replace the operator with an as needed 
operator. The modified rule would change from opening on-demand to a 12 
hour advance notice for a late evening to early morning opening.

DATES: Comments and related material must reach the Coast Guard on or 
before April 29, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0001 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 Fischer, Thirteenth District Bridge 
Administrator, Coast Guard; 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
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    King County owns the South Park Highway drawbridge across the 
Duwamish Waterway at mile 3.8, but the Seattle Department of 
Transportation (SDOT) operates the South Park Highway Bridge. On behalf 
of SDOT, King County is requesting a permanent change to the existing 
operating regulation. Due to infrequent bridge opening requests from 11 
p.m. to 7 a.m., King County is proposing to eliminate the nighttime 
bridge operator. The proposed regulation change would allow SDOT to not 
have a bridge operator attending the subject bridge from 11 p.m. to 7 
a.m. unless at least 12 hours notice has been received prior to an 
opening request.
    Marine traffic on the Duwamish Waterway consists of vessels ranging 
from small pleasure craft, small tribal fishing boats, large size 
pleasure motor vessels and large commercial vessels and barges. The 
subject bridge currently operates in accordance in 33 CFR 
117.1041(a)(2). This bridge provides a vertical clearance in the 
closed-to-navigation position approximately 34 feet in the center of 
the span and 27 feet at the sides of the span above mean high water.

III. Discussion of Proposed Rule

    This proposed rule amends 33 CFR 117.1041(a)(2) to provide specific 
requirements for the operation of the South Park Bridge. The 2017 South 
Park Bridge log book shows a low number of drawbridge opening requests 
during late nighttime hours. Of the 524 openings in 2017, approximately 
4.5 percent, or 24 total requests occurred between the 11 p.m. and 7 
a.m. Openings from 11 p.m. to 7 a.m. for 2014, 2015 and 2016 ranged 
from 5% to 10% of all openings. Based off of the historical data 
obtained from the bridge opening logs, King County is proposing that 
the subject bridge need not open for vessel traffic from 11 p.m. to 7 
a.m. unless a 12 hour notice is given to the South Park Bridge. 
Further, King County is proposing between 11 p.m. and 7 a.m., vessels 
engaged in sea-trials or dredging activities may request a standby 
operator if at least a 24 hour notice is given to the South Park 
Bridge. Vessels able to transit under the bridge without an opening may 
do so at any time. If emergency responders needs a bridge opening 
between 11 p.m. and 7 a.m., this rule change would require the Fremont 
Bridge operator, across the Lake Washington Ship Canal, to open the 
South Park Bridge within 45 minutes from initial notification to the 
Fremont Bridge.
    On March 13, 2018, we published a temporary test deviation entitled 
Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA, in the 
Federal Register (83 FR 10785). The test deviation ran from March 22, 
2018 to September 17, 2018. We received three comments on this test 
deviation. One comment did not relate to operations of the South Park 
Bridge. King County submitted a rebuttal addressing the two other 
comments on October 17, 2018. We have read both submittals from each 
party, and will discuss the material herein.
    A. The first commenter raises two concerns pertaining to the 
closure timing of the bridge. First, the commenter states that with the 
First Avenue South Bridge closed from 6 a.m. to 9 a.m., marine vessels 
would have to wait until 9 a.m. for an opening of the South Park 
Bridge. Second, the

[[Page 11913]]

commenter raised concern that the 45 minute response time for an 
emergency opening is unnecessarily long. The South Park Bridge will 
open on signal from 11 p.m. to 7 a.m., if at least a 12 hour notice is 
given to the bridge operator. From 7 a.m. to 11 p.m. the South Park 
Bridge will have a bridge operator. The SDOT has performed travel time 
tests between the Fremont Bridge and the South Park Bridge between 11 
p.m. and 7 a.m. In all cases, the response time was less than the 45 
minutes that Seattle Fire Department needs to respond. We have not 
identified any impacts on marine navigation with this proposed rule.
    B. The second commenter discusses the regulation's impact on small 
entities. The Coast Guard's response is contained in Section III(B).

III. 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 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 
the subject bridge to open on signal from 11 p.m. to 7 a.m. after 
receiving at least a 12 hour notice by telephone or VHF radio. This 
proposed rule also applies to opening the subject bridge for marine 
vessels engaged in emergency responses from 11 p.m. to 7 a.m. Emergency 
responders will give at least 45 minutes of notice to the Fremont 
Bridge operator to open the South Park Bridge on signal. The only 
emergency response vessel that requires an opening of the subject 
bridge is the Seattle Fire Department's (SFD) large fireboat. The SFD 
has agreed, and will change their response procedures, to notify the 
Fremont Bridge when an emergency call is received for the Duwamish 
Waterway. The SFD's large fireboat response time for the Duwamish 
Waterway is 45 minutes, and making a notification of 45 minutes for a 
South Park Bridge opening will be implemented. The SFD has a smaller 
response vessel that does not require an opening of the subject bridge, 
and this fireboat has a faster response time to the Duwamish Waterway. 
SFD stated for a Duwamish Waterway marina fire, the small vessel will 
be the first to respond, and request assistance from the larger 
fireboat after the vessel arrives on scene. The Coast Guard has made 
this finding based on the fact that the proposed change still allows 
any vessel needing a drawbridge opening to transit past the bridge will 
still receive an opening with the proper advance notice.

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. The Coast Guard has made this 
finding based on the fact that the proposed change still allows any 
vessel needing a drawbridge opening will receive an opening with at 
least 12 hours of notice, and may request a standby bridge operator 
during sea-trials and/or dredging operations, if at least a 24 hour 
notice is given to the South Park Bridge operator. The Coast Guard 
tested this proposed regulation change with a temporary test deviation 
from March 22, 2018 to September 17, 2018 to ensure the rule would not 
unreasonably obstruct navigation or negatively impact small maritime 
business. We received no complaints during the test deviation.
    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, 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 an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01

[[Page 11914]]

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. Amend Sec.  117.1041 by revising paragraph (a)(2) and adding 
paragraph (a)(3) to read as follows:


Sec.  117.1041   Drawbridge Operation Regulation; Duwamish Waterway; 
Seattle, WA.

    (a) * * *
    (1) * * *
    (2) The draw of the South Park Bridge, mile 3.8, need not be opened 
for the passage of vessels from 6:30 a.m. to 8 a.m. and 3:30 p.m. to 5 
p.m., Monday through Friday, except Federal holidays other than 
Columbus Day.
    (3) Between the hours of 11 p.m. and 7 a.m., Monday through Sunday, 
the South Park Bridge shall open if at least a 12 hour notice is given 
by telephone or VHF radio to the drawtender at the South Park Bridge. 
If emergency responders require a bridge opening between 11 p.m. and 7 
a.m., the South Park Bridge shall open within 45 minutes from initial 
notification to the Fremont Bridge operator. Vessels engaged in sea-
trials or dredging activities may request a standby drawtender to open 
the bridge, on demand, during sea-trials and/or dredging operations, if 
at least a 24 hour notice is given to the South Park Bridge drawtender.
* * * * *

David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2019-06078 Filed 3-28-19; 8:45 am]
BILLING CODE 9110-04-P