[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Rules and Regulations]
[Pages 28730-28732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12958]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0404]
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, across the Duwamish Waterway
mile 3.8, at Seattle, WA. This rule removes the nighttime bridge
operator, and will require a 12 hour advance notice for a late evening
to early morning opening.
DATES: This rule is effective July 22, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov. Type USCG-
2019-0404 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
[[Page 28731]]
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On March 29, 2019 we published a notice of proposed rulemaking
entitled ``Drawbridge Operation Regulation; Duwamish Waterway, Seattle,
WA'' in the Federal Register (84 FR 11912). This notice of proposed
rulemaking was preceded by a six month test deviation published in the
Federal Register (83 FR 10785) on March 13, 2018. The test deviation
ran from March 22, 2018 to September 17, 2018. We received three
comments on this rule during the deviation. Those comments and the
response to the comments can be found in the NPRM, ``Drawbridge
Operation Regulation; Duwamish Waterway, Seattle, WA'' in the Federal
Register (84 FR 11912). We received no comments on the NPRM.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Duwamish Waterway provides no alternate route to pass around the
South Park Bridge. The subject bridge provides 34 feet in the center of
the span and 27 feet at the sides of the span above mean high water.
King County, WA, owns the South Park Bridge, but the Seattle Department
of Transportation (SDOT) operates the bridge per 33 CFR 117.1041(a)(2).
On behalf of SDOT, King County requested a permanent change to the
existing operating regulation of the South Park Bridge. Due to
infrequent bridge opening requests from 11 p.m. to 7 a.m., King County
proposed to eliminate the nighttime bridge operator. This rule will
remove SDOT's bridge operator from 11 p.m. to 7 a.m. unless a 12 hours'
notice has been received prior to an opening request. If emergency
responders require a bridge opening between 11 p.m. and 7 a.m., the
South Park Bridge will 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.
This rule reasonably accommodates waterway users while reducing SDOT's
burden in operating the subject bridge. Vessels operating on the
Duwamish Waterway range from small pleasure craft, small tribal fishing
boats, large size pleasure motor vessels and large commercial vessels
and barges.
IV. Discussion of Comments, Changes and the Final Rule
During the 30 day comment period ending April 30, 2019 no comments
were received. The South Park Bridge will require a 12 hour notice
given by telephone to the bridge operator (SDOT) between 7 a.m. and 11
p.m., and for emergencies between 11 p.m. to 7 a.m. call the Fremont
Bridge operator. The phone numbers to use for a bridge opening is
posted at the subject bridge, and the Coast Guard will publish the
phone numbers and this rule in the Local Notice to Mariners (LNM) for
six months after the approval date. In addition to the LNM, phone
numbers for the two bridge operators will be added to the Coast Pilot.
This rule adds 33 CFR 117.1041(a)(3) to provide specific requirements
for the operation of the South Park Bridge.
V. Regulatory Analyses
We developed this 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 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. This regulatory action
determination is based on the ability that vessels can still transit
the bridge given advanced notice. This rule also applies to emergency
openings.
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
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 V.A. above, this rule will not have a significant economic
impact on any vessel owners or operators.
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 would not have a substantial
[[Page 28732]]
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. We have not received any comments for this rule change.
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. We have not received any comments for this rule change.
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.
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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 117.1041 by adding paragraph (a)(3) to read as follows:
Sec. 117.1041 Duwamish Waterway.
(a) * * *
(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. 2019-12958 Filed 6-19-19; 8:45 am]
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