80_FR_27712 80 FR 27619 - Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA

80 FR 27619 - Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 93 (May 14, 2015)

Page Range27619-27621
FR Document2015-11677

The Coast Guard proposes to change the operating schedule that governs the South Park Bridge, on the Duwamish Waterway, mile 3.8, at Seattle, WA. Highway traffic patterns have changed since this rule was last amended, therefore the bridge owner (King County) is proposing to update the operating schedule to better meet the needs of local highway users by matching drawbridge closure hours to current commuter traffic patterns. This change would improve movement of rush hour highway traffic while having minimal impact to maritime waterway traffic.

Federal Register, Volume 80 Issue 93 (Thursday, May 14, 2015)
[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Proposed Rules]
[Pages 27619-27621]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-11677]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0285]
RIN 1625-AA09


Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to change the operating schedule that 
governs the South Park Bridge, on the Duwamish Waterway, mile 3.8, at 
Seattle, WA. Highway traffic patterns have changed since this rule was 
last amended, therefore the bridge owner (King County) is proposing to 
update the operating schedule to better meet the needs of local highway 
users by matching drawbridge closure hours to current commuter traffic 
patterns. This change would improve movement of rush hour highway 
traffic while having minimal impact to maritime waterway traffic.

DATES: Comments and related material must reach the Coast Guard on or 
before July 13, 2015. Requests for public meetings must be received by 
the Coast Guard on or before June 15, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0285 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

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]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code
WSDOT Washington State Department of Transportation
SDOT Seattle Department of Transportation

A. Public Participation and Request for Comments

    We encourage you to participate in this proposed rulemaking by 
submitting comments and related materials. All comments received will 
be posted, without change to http://www.regulations.gov and will 
include any personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
proposed rulemaking (USCG-2015-0285), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online (http://www.regulations.gov), or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We

[[Page 27620]]

recommend that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that we can 
contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2015-0285] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit them by mail 
and would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0285) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC, 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for a meeting that reaches the Coast Guard on or before June 
15, 2015 using one of the methods specified under ADDRESSES. Please 
explain why one would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 499, 33 CFR 1.05-1; and 
Department of Homeland Security Delegation No. 0170.1.
    King County owns and operates the South Park Bridge, and requested 
a permanent change to the existing operating regulation. The new 
proposed regulation would update drawbridge closure times to better 
meet current highway traffic demands, and match the closure schedule 
with the First Avenue South Bridge, mile 2.5, on the Duwamish Waterway.
    The South Park Bascule Bridge, at Seattle WA, on the Duwamish 
Waterway at mile 3.8, is subject to tidal influence and has at least 15 
feet of water depth at the bridge site at mean lower low water. Vessel 
traffic on the Duwamish waterway consists of vessels ranging from small 
pleasure craft, sailboats, small tribal fishing boats, and commercial 
tug and tow, and mega yachts.
    The inefficiencies of the current drawbridge operating regulation 
were brought to the Coast Guard's attention by the bridge owner. The 
current drawbridge operating regulation was written to accommodate 
commuter patterns associated with morning and afternoon highway traffic 
associated with Boeing Plant number 2 shift changes. As of 2011 this 
plant is no longer operational and therefore highway traffic densities 
have changed. Adjusting the existing drawbridge regulation would better 
meet the needs of current highway users by matching drawbridge closure 
hours to the First Avenue South Bridge and current commuter traffic 
patterns, while having minimal impact on maritime navigation.

C. Discussion of Proposed Rule

    The Coast Guard would amend the operating regulations at 33 CFR 
117.1041(a)(2). The regulation currently states that South Park Bridge 
need not be opened for the passage of vessels from 6:30 a.m. to 8:00 
a.m. and 3:30 p.m. to 5:00 p.m., Monday through Friday, except Federal 
holidays. The Coast Guard proposes to change the opening schedule such 
that the bridge need not be opened for the passage of vessels from 6:00 
a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m., Monday through Friday, 
except Federal holidays other than Columbus Day. The purpose of this 
proposed amendment is to increase efficiency for current highway 
traffic demands in light of changed traffic patterns, and match the 
closure schedule with the First Avenue South Bridge on the Duwamish 
Waterway. All other requirements regarding the South Park Bridge under 
33 CFR 117.1041 will remain the same.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. The Coast Guard has made this 
finding based on the fact that the proposed change does not 
significantly alter the duration and time frame of the current closure 
schedule.

2. 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. This proposed rule would affect 
the following entities, some of which might be small entities: The 
owners or operators of commercial and recreational vessels looking to 
transit the bridge and associated maritime waterfront facilities (e.g., 
marina, marine repair/construction businesses) beyond the bridge.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will be in effect twice a day for three hours when vessel traffic 
is low and vehicle traffic is high. Vessels that can safely transit 
under the bridge may do so at any time. Furthermore, most vessels that 
would be affected by this proposed rule are already operating according 
to the current restricted operating regulation for the First Avenue 
South Bridge.

[[Page 27621]]

    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.

3. Assistance for Small Entities

    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.

4. 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).

5. Federalism

    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 does not have implications for federalism.

6. 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.

7. 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 rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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 (make 
sure we send NPRM to local Tribe).

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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 
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 amends the 
operating regulations or procedures for drawbridges. This rule is 
categorically excluded, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. In Sec.  117.1041, revise the section heading and paragraph (a)(2) 
to read as follows:


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

    (a) * * *
    (2) The draw of the South Park Bridge, mile 3.8, need not be opened 
for the passage of vessels from 6:00 a.m. to 9:00 a.m. and from 3:00 
p.m. to 6:00 p.m., Monday through Friday except, Federal holidays, 
other than Columbus Day.
* * * * *

    Dated: April 29, 2015.
R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2015-11677 Filed 5-13-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                         Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules                                          27619

                                                Instruction. We seek any comments or                    the Captain of the Port Charleston or a               1200 New Jersey Avenue SE.,
                                                information that may lead to the                        designated representative.                            Washington, DC 20590–0001. Deliveries
                                                discovery of a significant environmental                  (2) The Coast Guard will provide                    accepted between 9 a.m. and 5 p.m.,
                                                impact from this proposed rule.                         notice of the regulated area by Marine                Monday through Friday, except federal
                                                                                                        Safety Information Bulletins, Local                   holidays. The telephone number is 202–
                                                List of Subjects in 33 CFR Part 100                                                                           366–9329.
                                                                                                        Notice to Mariners, Broadcast Notice to
                                                  Marine safety, Navigation (water),                    Mariners, and on-scene designated                        See the ‘‘Public Participation and
                                                Reporting and recordkeeping                             representatives.                                      Request for Comments’’ portion of the
                                                requirements, Waterways.                                  (d) Enforcement period. This section                SUPPLEMENTARY INFORMATION section
                                                  For the reasons discussed in the                      will be enforced daily from 10 a.m. until             below for instructions on submitting
                                                preamble, the Coast Guard proposes to                   6 p.m. starting July 24, 2015, through                comments. To avoid duplication, please
                                                amend 33 CFR part 100 as follows:                       July 26, 2015.                                        use only one of these four methods.
                                                                                                          Dated: April 8, 2015.                               FOR FURTHER INFORMATION CONTACT: If
                                                PART 100—SAFETY OF LIFE ON                                                                                    you have questions on this proposed
                                                                                                        B.D. Falk,
                                                NAVIGABLE WATERS                                                                                              rule, call or email Steven M. Fischer,
                                                                                                        Commander, U.S. Coast Guard, Captain of
                                                                                                                                                              Bridge Administrator, Thirteenth Coast
                                                                                                        the Port Charleston.
                                                ■ 1. The authority citation for part 100                                                                      Guard District Bridge Program Office,
                                                continues to read as follows:                           [FR Doc. 2015–11676 Filed 5–13–15; 8:45 am]
                                                                                                                                                              telephone 206–220–7282; email d13-pf-
                                                                                                        BILLING CODE 9110–04–P                                d13bridges@uscg.mil. If you have
                                                    Authority: 33 U.S.C. 1233.
                                                                                                                                                              questions on viewing or submitting
                                                ■ 2. Add a temporary § 100.T07–0045 to                                                                        material to the docket, call Cheryl
                                                read as follows:                                        DEPARTMENT OF HOMELAND                                Collins, Program Manager, Docket
                                                                                                        SECURITY                                              Operations, telephone 202–366–9826.
                                                § 100.T07–0045 Special Local Regulations;
                                                Southeast Drag Boat Championships,                      Coast Guard                                           SUPPLEMENTARY INFORMATION:
                                                Atlantic Intracoastal Waterway, Bucksport,
                                                SC.
                                                                                                                                                              Table of Acronyms
                                                                                                        33 CFR Part 117
                                                   (a) Regulated area. All waters of the                                                                      CFR Code of Federal Regulations
                                                Atlantic Intracoastal Waterway                          [Docket No. USCG–2015–0285]                           DHS Department of Homeland Security
                                                encompassed by a line connecting the                    RIN 1625–AA09                                         FR Federal Register
                                                following points: point 1 in position                                                                         NPRM Notice of Proposed Rulemaking
                                                33°39′13″ N 079°05′36″ W; thence west                   Drawbridge Operation Regulation;                      § Section Symbol
                                                                                                                                                              U.S.C. United States Code
                                                to point 2 in position 33°39′17″ N                      Duwamish Waterway, Seattle, WA                        WSDOT Washington State Department of
                                                079°05′46″ W; thence south to point 3                                                                           Transportation
                                                in position 33°38′53″ N 079°05′39″ W;                   AGENCY:   Coast Guard, DHS.
                                                                                                                                                              SDOT Seattle Department of Transportation
                                                thence east to point 4 in position                      ACTION:   Notice of proposed rulemaking.
                                                33°38′54″ N 079°05′31″ W; thence north                                                                        A. Public Participation and Request for
                                                                                                        SUMMARY:  The Coast Guard proposes to
                                                back to point 1. All coordinates are                                                                          Comments
                                                                                                        change the operating schedule that
                                                North American Datum 1983.                                                                                      We encourage you to participate in
                                                                                                        governs the South Park Bridge, on the
                                                   (b) Definition. As used in this section,             Duwamish Waterway, mile 3.8, at                       this proposed rulemaking by submitting
                                                ‘‘designated representative’’ means                     Seattle, WA. Highway traffic patterns                 comments and related materials. All
                                                Coast Guard Patrol Commanders,                          have changed since this rule was last                 comments received will be posted,
                                                including Coast Guard coxswains, petty                  amended, therefore the bridge owner                   without change to http://
                                                officers, and other officers operating                  (King County) is proposing to update                  www.regulations.gov and will include
                                                Coast Guard vessels, and Federal, state,                the operating schedule to better meet                 any personal information you have
                                                and local officers designated by or                     the needs of local highway users by                   provided.
                                                assisting the Captain of the Port                       matching drawbridge closure hours to
                                                Charleston in the enforcement of the                                                                          1. Submitting Comments
                                                                                                        current commuter traffic patterns. This
                                                regulated areas.                                        change would improve movement of                         If you submit a comment, please
                                                   (c) Regulations. (1) All persons and                 rush hour highway traffic while having                include the docket number for this
                                                vessels, except those participating in the              minimal impact to maritime waterway                   proposed rulemaking (USCG–2015–
                                                Southeast Drag Boat Championships, or                   traffic.                                              0285), indicate the specific section of
                                                serving as safety vessels, are prohibited                                                                     this document to which each comment
                                                from entering, transiting through,                      DATES:  Comments and related material                 applies, and provide a reason for each
                                                anchoring in, or remaining within the                   must reach the Coast Guard on or before               suggestion or recommendation. You
                                                regulated area. Persons and vessels                     July 13, 2015. Requests for public                    may submit your comments and
                                                desiring to enter, transit through, anchor              meetings must be received by the Coast                material online (http://
                                                in, or remain within the regulated area                 Guard on or before June 15, 2015.                     www.regulations.gov), or by fax, mail or
                                                may contact the Captain of the Port                     ADDRESSES: You may submit comments                    hand delivery, but please use only one
                                                Charleston by telephone at (843) 740–                   identified by docket number USCG–                     of these means. If you submit a
                                                7050, or a designated representative via                2015–0285 using any one of the                        comment online via http://
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                VHF radio on channel 16, to request                     following methods:                                    www.regulations.gov, it will be
                                                authorization. If authorization to enter,                 (1) Federal eRulemaking Portal:                     considered received by the Coast Guard
                                                transit through, anchor in, or remain                   http://www.regulations.gov.                           when you successfully transmit the
                                                within the regulated area is granted by                   (2) Fax: 202–493–2251.                              comment. If you fax, hand deliver, or
                                                the Captain of the Port Charleston or a                   (3) Mail or Delivery: Docket                        mail your comment, it will be
                                                designated representative, all persons                  Management Facility (M–30), U.S.                      considered as having been received by
                                                and vessels receiving such authorization                Department of Transportation, West                    the Coast Guard when it is received at
                                                must comply with the instructions of                    Building Ground Floor, Room W12–140,                  the Docket Management Facility. We


                                           VerDate Sep<11>2014   17:00 May 13, 2015   Jkt 235001   PO 00000   Frm 00019   Fmt 4702   Sfmt 4702   E:\FR\FM\14MYP1.SGM   14MYP1


                                                27620                    Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules

                                                recommend that you include your name                    B. Basis and Purpose                                  other requirements regarding the South
                                                and a mailing address, an email address,                   The legal basis for this rule is 33                Park Bridge under 33 CFR 117.1041 will
                                                or a phone number in the body of your                   U.S.C. 499, 33 CFR 1.05–1; and                        remain the same.
                                                document so that we can contact you if                  Department of Homeland Security                       D. Regulatory Analyses
                                                we have questions regarding your                        Delegation No. 0170.1.
                                                submission.                                                                                                     We developed this proposed rule after
                                                                                                           King County owns and operates the                  considering numerous statutes and
                                                   To submit your comment online, go to                 South Park Bridge, and requested a
                                                http://www.regulations.gov, type the                                                                          executive orders related to rulemaking.
                                                                                                        permanent change to the existing                      Below we summarize our analyses
                                                docket number [USCG–2015–0285] in                       operating regulation. The new proposed
                                                the ‘‘SEARCH’’ box and click                                                                                  based on these statutes or executive
                                                                                                        regulation would update drawbridge                    orders.
                                                ‘‘SEARCH.’’ Click on ‘‘Submit a                         closure times to better meet current
                                                Comment’’ on the line associated with                   highway traffic demands, and match the                1. Regulatory Planning and Review
                                                this rulemaking. If you submit your                     closure schedule with the First Avenue                   This proposed rule is not a
                                                comments by mail or hand delivery,                      South Bridge, mile 2.5, on the                        ‘‘significant regulatory action’’ under
                                                submit them in an unbound format, no                    Duwamish Waterway.                                    section 3(f) of Executive Order 12866,
                                                larger than 81⁄2 by 11 inches, suitable for                The South Park Bascule Bridge, at                  Regulatory Planning and Review, as
                                                copying and electronic filing. If you                   Seattle WA, on the Duwamish                           supplemented by Executive Order
                                                submit them by mail and would like to                   Waterway at mile 3.8, is subject to tidal             13563, Improving Regulation and
                                                know that they reached the Facility,                    influence and has at least 15 feet of                 Regulatory Review, and does not require
                                                please enclose a stamped, self-addressed                water depth at the bridge site at mean                an assessment of potential costs and
                                                postcard or envelope. We will consider                  lower low water. Vessel traffic on the                benefits under section 6(a)(3) of Order
                                                all comments and material received                      Duwamish waterway consists of vessels                 12866 or under section 1 of Executive
                                                during the comment period and may                       ranging from small pleasure craft,                    Order 13563. The Office of Management
                                                change the rule based on your                           sailboats, small tribal fishing boats, and            and Budget has not reviewed it under
                                                comments.                                               commercial tug and tow, and mega                      those Orders. The Coast Guard has made
                                                2. Viewing Comments and Documents                       yachts.                                               this finding based on the fact that the
                                                                                                           The inefficiencies of the current                  proposed change does not significantly
                                                   To view comments, as well as                         drawbridge operating regulation were                  alter the duration and time frame of the
                                                documents mentioned in this preamble                    brought to the Coast Guard’s attention                current closure schedule.
                                                as being available in the docket, go to                 by the bridge owner. The current
                                                http://www.regulations.gov, type the                    drawbridge operating regulation was                   2. Impact on Small Entities
                                                docket number (USCG–2015–0285) in                       written to accommodate commuter                          The Regulatory Flexibility Act of 1980
                                                the ‘‘SEARCH’’ box and click                            patterns associated with morning and                  (RFA), 5 U.S.C. 601–612, as amended,
                                                ‘‘SEARCH.’’ Click on Open Docket                        afternoon highway traffic associated                  requires federal agencies to consider the
                                                Folder on the line associated with this                 with Boeing Plant number 2 shift                      potential impact of regulations on small
                                                rulemaking. You may also visit the                      changes. As of 2011 this plant is no                  entities during rulemaking. The term
                                                Docket Management Facility in Room                      longer operational and therefore                      ‘‘small entities’’ comprises small
                                                W12–140 on the ground floor of the                      highway traffic densities have changed.               businesses, not-for-profit organizations
                                                Department of Transportation West                       Adjusting the existing drawbridge                     that are independently owned and
                                                Building, 1200 New Jersey Avenue SE.,                   regulation would better meet the needs                operated and are not dominant in their
                                                Washington, DC, 20590, between 9 a.m.                   of current highway users by matching                  fields, and governmental jurisdictions
                                                and 5 p.m., Monday through Friday,                      drawbridge closure hours to the First                 with populations of less than 50,000.
                                                except Federal holidays.                                Avenue South Bridge and current                       The Coast Guard certifies under 5 U.S.C.
                                                3. Privacy Act                                          commuter traffic patterns, while having               605(b) that this proposed rule would not
                                                                                                        minimal impact on maritime navigation.                have a significant economic impact on
                                                  Anyone can search the electronic                                                                            a substantial number of small entities.
                                                form of comments received into any of                   C. Discussion of Proposed Rule
                                                                                                                                                              This proposed rule would affect the
                                                our dockets by the name of the                             The Coast Guard would amend the                    following entities, some of which might
                                                individual submitting the comment (or                   operating regulations at 33 CFR                       be small entities: The owners or
                                                signing the comment, if submitted on                    117.1041(a)(2). The regulation currently              operators of commercial and
                                                behalf of an association, business, labor               states that South Park Bridge need not                recreational vessels looking to transit
                                                union, etc.). You may review a Privacy                  be opened for the passage of vessels                  the bridge and associated maritime
                                                Act notice regarding our public dockets                 from 6:30 a.m. to 8:00 a.m. and 3:30                  waterfront facilities (e.g., marina,
                                                in the January 17, 2008, issue of the                   p.m. to 5:00 p.m., Monday through                     marine repair/construction businesses)
                                                Federal Register (73 FR 3316).                          Friday, except Federal holidays. The                  beyond the bridge.
                                                                                                        Coast Guard proposes to change the                       This action will not have a significant
                                                4. Public Meeting
                                                                                                        opening schedule such that the bridge                 economic impact on a substantial
                                                  We do not now plan to hold a public                   need not be opened for the passage of                 number of small entities for the
                                                meeting, but you may submit a request                   vessels from 6:00 a.m. to 9:00 a.m. and               following reasons. This rule will be in
                                                for a meeting that reaches the Coast                    3:00 p.m. to 6:00 p.m., Monday through                effect twice a day for three hours when
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                Guard on or before June 15, 2015 using                  Friday, except Federal holidays other                 vessel traffic is low and vehicle traffic
                                                one of the methods specified under                      than Columbus Day. The purpose of this                is high. Vessels that can safely transit
                                                ADDRESSES. Please explain why one                       proposed amendment is to increase                     under the bridge may do so at any time.
                                                would be beneficial. If we determine                    efficiency for current highway traffic                Furthermore, most vessels that would be
                                                that one would aid this rulemaking, we                  demands in light of changed traffic                   affected by this proposed rule are
                                                will hold one at a time and place                       patterns, and match the closure                       already operating according to the
                                                announced by a later notice in the                      schedule with the First Avenue South                  current restricted operating regulation
                                                Federal Register.                                       Bridge on the Duwamish Waterway. All                  for the First Avenue South Bridge.


                                           VerDate Sep<11>2014   17:00 May 13, 2015   Jkt 235001   PO 00000   Frm 00020   Fmt 4702   Sfmt 4702   E:\FR\FM\14MYP1.SGM   14MYP1


                                                                         Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Proposed Rules                                                 27621

                                                  If you think that your business,                      proposed rule will not result in such an              (NEPA) (42 U.S.C. 4321–4370f), and
                                                organization, or governmental                           expenditure, we do discuss the effects of             have made a preliminary determination
                                                jurisdiction qualifies as a small entity                this rule elsewhere in this preamble.                 that this action is one of a category of
                                                and that this rule would have a                                                                               actions which do not individually or
                                                                                                        8. Taking of Private Property
                                                significant economic impact on it,                                                                            cumulatively have a significant effect on
                                                please submit a comment (see                              This proposed rule would not cause a                the human environment. This proposed
                                                ADDRESSES) explaining why you think it                  taking of private property or otherwise               rule simply amends the operating
                                                qualifies and how and to what degree                    have taking implications under                        regulations or procedures for
                                                this rule would economically affect it.                 Executive Order 12630, Governmental                   drawbridges. This rule is categorically
                                                                                                        Actions and Interference with                         excluded, under figure 2–1, paragraph
                                                3. Assistance for Small Entities                        Constitutionally Protected Property                   (32)(e), of the Instruction.
                                                   Under section 213(a) of the Small                    Rights.                                                 Under figure 2–1, paragraph (32)(e), of
                                                Business Regulatory Enforcement                                                                               the Instruction, an environmental
                                                                                                        9. Civil Justice Reform                               analysis checklist and a categorical
                                                Fairness Act of 1996 (Pub. L. 104–121),
                                                we want to assist small entities in                        This proposed rule meets applicable                exclusion determination are not
                                                understanding this proposed rule. If the                standards in sections 3(a) and 3(b)(2) of             required for this rule. We seek any
                                                rule would affect your small business,                  Executive Order 12988, Civil Justice                  comments or information that may lead
                                                organization, or governmental                           Reform, to minimize litigation,                       to the discovery of a significant
                                                jurisdiction and you have questions                     eliminate ambiguity, and reduce                       environmental impact from this
                                                concerning its provisions or options for                burden.                                               proposed rule.
                                                compliance, please contact the person                   10. Protection of Children                            List of Subjects in 33 CFR Part 117
                                                listed in the FOR FURTHER INFORMATION
                                                CONTACT, above. The Coast Guard will                       We have analyzed this proposed rule                  Bridges.
                                                not retaliate against small entities that               under Executive Order 13045,                            For the reasons discussed in the
                                                question or complain about this                         Protection of Children from                           preamble, the Coast Guard proposes to
                                                proposed rule or any policy or action of                Environmental Health Risks and Safety                 amend 33 CFR part 117 as follows:
                                                the Coast Guard.                                        Risks. This rule is not an economically
                                                                                                        significant rule and would not create an              PART 117—DRAWBRIDGE
                                                4. Collection of Information                            environmental risk to health or risk to               OPERATION REGULATIONS
                                                   This proposed rule would call for no                 safety that might disproportionately
                                                                                                                                                              ■ 1. The authority citation for part 117
                                                new collection of information under the                 affect children.
                                                                                                                                                              continues to read as follows:
                                                Paperwork Reduction Act of 1995 (44
                                                                                                        11. Indian Tribal Governments                           Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                U.S.C. 3501–3520).
                                                                                                           This proposed rule does not have                   and Department of Homeland Security
                                                5. Federalism                                           tribal implications under Executive                   Delegation No. 0170.1.
                                                   A rule has implications for federalism               Order 13175, Consultation and                         ■ 2. In § 117.1041, revise the section
                                                under Executive Order 13132,                            Coordination with Indian Tribal                       heading and paragraph (a)(2) to read as
                                                Federalism, if it has a substantial direct              Governments, because it would not have                follows:
                                                effect on the States, on the relationship               a substantial direct effect on one or
                                                                                                                                                              § 117.1041 Drawbridge Operation
                                                between the national government and                     more Indian tribes, on the relationship               Regulation; Duwamish River; Seattle, WA.
                                                the States, or on the distribution of                   between the Federal Government and
                                                                                                                                                                (a) * * *
                                                power and responsibilities among the                    Indian tribes, or on the distribution of                (2) The draw of the South Park Bridge,
                                                various levels of government. We have                   power and responsibilities between the                mile 3.8, need not be opened for the
                                                analyzed this proposed rule under that                  Federal Government and Indian tribes                  passage of vessels from 6:00 a.m. to 9:00
                                                Order and have determined that it does                  (make sure we send NPRM to local                      a.m. and from 3:00 p.m. to 6:00 p.m.,
                                                not have implications for federalism.                   Tribe).                                               Monday through Friday except, Federal
                                                6. Protest Activities                                   12. Energy Effects                                    holidays, other than Columbus Day.
                                                   The Coast Guard respects the First                      This proposed rule is not a                        *     *    *     *    *
                                                Amendment rights of protesters.                         ‘‘significant energy action’’ under                     Dated: April 29, 2015.
                                                Protesters are asked to contact the                     Executive Order 13211, Actions                        R.T. Gromlich,
                                                person listed in the FOR FURTHER                        Concerning Regulations That                           Rear Admiral, U.S. Coast Guard, Commander,
                                                INFORMATION CONTACT section to                          Significantly Affect Energy Supply,                   Thirteenth Coast Guard District.
                                                coordinate protest activities so that your              Distribution, or Use.                                 [FR Doc. 2015–11677 Filed 5–13–15; 8:45 am]
                                                message can be received without                                                                               BILLING CODE 9110–04–P
                                                jeopardizing the safety or security of                  13. Technical Standards
                                                people, places or vessels.                                This proposed rule does not use
                                                                                                        technical standards. Therefore, we did                ENVIRONMENTAL PROTECTION
                                                7. Unfunded Mandates Reform Act                         not consider the use of voluntary                     AGENCY
                                                   The Unfunded Mandates Reform Act                     consensus standards.
                                                of 1995 (2 U.S.C. 1531–1538) requires                                                                         40 CFR Part 745
                                                                                                        14. Environment
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                Federal agencies to assess the effects of
                                                their discretionary regulatory actions. In                We have analyzed this rule under                    [EPA–HQ–OPPT–2005–0049; FRL–9927–40]
                                                particular, the Act addresses actions                   Department of Homeland Security
                                                                                                                                                              Lead; Renovation, Repair and Painting
                                                that may result in the expenditure by a                 Management Directive 023–01 and
                                                                                                                                                              Program; Lead Test Kit Stakeholder
                                                State, local, or tribal government, in the              Commandant Instruction M16475.lD,
                                                                                                                                                              Meeting; Notice of Public Meeting
                                                aggregate, or by the private sector of                  which guides the Coast Guard in
                                                $100,000,000 (adjusted for inflation) or                complying with the National                           AGENCY: Environmental Protection
                                                more in any one year. Though this                       Environmental Policy Act of 1969                      Agency (EPA).


                                           VerDate Sep<11>2014   17:00 May 13, 2015   Jkt 235001   PO 00000   Frm 00021   Fmt 4702   Sfmt 4702   E:\FR\FM\14MYP1.SGM   14MYP1



Document Created: 2015-12-15 15:32:52
Document Modified: 2015-12-15 15:32:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must reach the Coast Guard on or before July 13, 2015. Requests for public meetings must be received by the Coast Guard on or before June 15, 2015.
ContactIf 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] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 27619 
RIN Number1625-AA09

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR