Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA

Published date20 June 2019
Citation84 FR 28730
Record Number2019-12958
SectionRules and Regulations
CourtCoast Guard
Federal Register, Volume 84 Issue 119 (Thursday, June 20, 2019)
[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]
                -----------------------------------------------------------------------
                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.
                -----------------------------------------------------------------------
                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]
                 BILLING CODE 9110-04-P
                

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT