80 FR 81181 - Drawbridge Operation Regulation; Lake Pontchartrain, Slidell, LA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 249 (December 29, 2015)
Coast Guard
Federal Register Volume 80, Issue 249 (December 29, 2015)
| Page Range | 81181-81184 | |
| FR Document | 2015-32736 |
[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)] [Rules and Regulations] [Pages 81181-81184] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32736] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0814] RIN 1625-AA09 Drawbridge Operation Regulation; Lake Pontchartrain, Slidell, LA AGENCY: Coast Guard, DHS. ACTION: Interim rule with request for comments. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is modifying the method of operation for the Norfolk Southern Railroad (Norfolk Southern or NSRR) Bascule Bridge across Lake Pontchartrain, mile 4.80, near Slidell, St. Tammany Parish, Louisiana. The bridge owner, Norfolk Southern, requested in writing to operate the draw of the bridge remotely. This interim rule codifies the change in method of operation and increases the efficiency of railroad operations, allowing for the operation of the draw from another location, while allowing for comments regarding remote operations during the interim period. DATES: This interim rule is effective December 29, 2015. Comments and related material must reach the Coast Guard on or before February 29, 2016. ADDRESSES: You may submit comments or view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type [USCG-2015-0814]. in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. 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 interim rule, call or email Ms. Geri Robinson; Bridge Administration Branch, Eighth Coast Guard District; telephone 504-671-2128, email geri.a.robinson@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking U.S.C. United States Code NSRR Norfolk Southern Railroad II. Background Information and Regulatory History The Coast Guard is issuing this interim rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because there will be no change to the operating schedule of [[Page 81182]] the bridge. The modification for the bridge owner to open the draw by remote operation does not change the existing operating schedule. This rule will impose no new restrictions or requirements on the mariner. Thus, publishing an NPRM is impracticable as mariners are not expected to experience any changes in the operation of the draw for the purposes of vessel passage. Delaying this rule to provide for the notice and comment period would also unnecessarily delay the bridge owner in transitioning to the more efficient remote operation method. We are requesting comments to this interim rule to ensure participation in the rulemaking based on real-time experience while the draw operates under the new remote operation method. We are issuing this rule and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective in less than 30 days after publication in the Federal Register. Delaying this rule to provide 30-day notice is unnecessary as mariners will experience no changes in transiting through the bridge site. Making this rule effective without providing 30-day notice imposes no impact on the mariner but allows for the bridge owner to transition to the more efficient remote operation method without unnecessary delay. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under the authority of 33 U.S.C. 499. The Norfolk Southern Railroad Bascule Bridge across Lake Pontchartrain at mile 4.80, near Slidell, St. Tammany Parish, Louisiana, has a horizontal clearance of 151 feet between fenders and a vertical clearance of 4.0 feet above Mean High Water, elevation 2.0 feet Mean Sea Level in the closed-to-navigation position. The vertical clearance of the bascule bridge in the open-to-navigation position is 68 feet for the full 151-foot horizontal clearance and unlimited from the tip of the bascule to the north fender system, a distance of 106 feet. Currently, the bridge opens on signal under 33 CFR 117.5. In accordance with 33 CFR 117.42, the District Commander may authorize a drawbridge to operate under an automated system or from a remote location. The purpose of this rule is to allow the draw of this bridge to operate from a remote location. The draw will continue to open on signal for the passage of vessels, and mariners should not experience any changes in the level of service. IV. Discussion of the Rule The Coast Guard, at the request of Norfolk Southern, is changing the method of operation for the Norfolk Southern Railroad Bascule Bridge across Lake Pontchartrain, mile 4.80, near Slidell, St. Tammany Parish, Louisiana. Due to the need for increased efficiency in railroad operations, Norfolk Southern requested a change to the method of operating the draw from on-site to a drawtender operating the bridge remotely. Presently, the draw is maintained in the open-to-navigation position and closed only for the passage of trains or maintenance. The bridge owner would like to operate the draw remotely using a drawtender at another drawbridge in Decatur, Alabama, rather than maintaining the current on-site operation and drawtender. The implementation of this rule, in effect, removes the requirement that a drawtender be present on site at all times. Under the new remote operation procedure, the draw will continue to be maintained in the open-to-navigation position and lowered only for the passage of trains or for maintenance. There will be no modifications to the operation of the bridge as it relates to the passage of vessels. Instead, this change will allow the bridge owner to increase efficiency of bridge operations and vessel transit by including this bridge in its current remote operation procedures located in Decatur, AL. V. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on a number of these statutes and E.O.s, and we discuss First Amendment rights of protesters. A. Regulatory Planning and Review E.O.s 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. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This interim rule is not a significant regulatory action because the draw will be maintained in the open-to-navigation position and when closed to pass trains it will continue to open on signal as scheduled. Therefore, mariners will experience no changes in transiting through the bridge site. No new restrictions on or actions from the mariner are required by this rule. 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 will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the bridge may be small entities, because the draw will be maintained in the open-to-navigation position and when closed to pass trains it will continue to open on signal as scheduled, no new restrictions or responsibilities are imposed on the mariner. Therefore, this rule will not have a significant economic impact on any vessel owner or operator. 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 [[Page 81183]] 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 E.O. 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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. 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 an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 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. 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. 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. VI. 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, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site'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 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; Department of Homeland Security Delegation No. 0170.1. 0 2. In Sec. 117.467, redesignate paragraph (b) as paragraph (c); and add new paragraph (b) to read as follows: Sec. 117.467 Lake Pontchartrain. * * * * * (b) The draw of the Norfolk Southern Railroad Bridge across Lake Pontchartrain, mile 4.80 near Slidell, St. Tammany Parish, Louisiana shall be maintained as follows: (1) The draw shall be maintained in the fully open-to-navigation position for vessels at all times, except during periods when it is closed for the passage of rail traffic or to perform periodic maintenance authorized in accordance with subpart A of this part. (2) The draw shall be remotely operated by the drawtender at Norfolk Southern's drawbridge in Decatur, Alabama. The estimated duration that the bridge will remain closed for the passage of rail traffic is 10 to 15 minutes per operation. (3) When a train approaches the bridge, the drawtender will initiate the bridge closing warning signal, consisting of radio calls via VHF-FM-channels 13 and 16 and activation of flashing red warning lights at each end of the span. The radio calls will be broadcast at five (5) minutes prior to bridge closing and at two (2) minutes prior to bridge closing. Photoelectric (infrared) boat detectors will monitor the waterway beneath the bridge for the presence of vessels. (4) The drawtender will continuously monitor waterway traffic in the area using closed-circuit cameras mounted on the bridge. The draw will only be closed if the drawtender's visual inspection indicates that the channel is clear and there are no vessels transiting in the area. The drawtender will maintain constant surveillance of the navigation channel to ensure that no conflict with maritime traffic exists. Additionally, the draw will not be closed if the S11 bascule bridge that is located immediately west of the railroad bridge is in the open-to-navigation position. If two or more closed-circuit cameras are inoperable or if there is inclement weather, the draw will only be operated by a drawtender located on site at the bridge. (5) At the end of the two-minute warning period, if no vessels have been detected by the drawtender, the draw closing sequence will automatically proceed. (6) Upon passage of the train, the draw will be returned to the fully open-to-navigation position to allow marine [[Page 81184]] traffic to pass. The warning lights will continue to flash red until the draw has returned to the fully open-to-navigation position at which time they will deactivate. (7) After the passage of each train, the draw must be returned to its fully open-to-navigation position. (8) To request openings of the draw when the bascule span is in the closed-to-navigation position, mariners may contact Norfolk Southern Railway via VHF-FM channel 13 or by telephone at the number displayed on the signs posted at the bridge. (9) The draw will be operated locally if: (i) Communication is lost between the drawbridge and the drawtender in Decatur, Alabama; (ii) More than two closed-circuit cameras are not working; (iii) The marine radio is inoperable; (iv) Weather conditions warrant; or (v) Ordered by the Coast Guard. * * * * * Dated: December 11, 2015. D.R. Callahan, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2015-32736 Filed 12-28-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations 81181
principles and preemption requirements For the reasons discussed in the Southern Railroad (Norfolk Southern or
described in E.O. 13132. preamble, the Coast Guard amends 33 NSRR) Bascule Bridge across Lake
Also, this rule does not have tribal CFR part 117 as follows: Pontchartrain, mile 4.80, near Slidell,
implications under Executive Order St. Tammany Parish, Louisiana. The
13175, Consultation and Coordination PART 117—DRAWBRIDGE bridge owner, Norfolk Southern,
with Indian Tribal Governments, OPERATION REGULATIONS requested in writing to operate the draw
because it does not have a substantial of the bridge remotely. This interim rule
■ 1. The authority citation for part 117
direct effect on one or more Indian codifies the change in method of
continues to read as follows:
tribes, on the relationship between the operation and increases the efficiency of
Federal Government and Indian tribes, Authority: 33 U.S.C. 499; 33 CFR 1.05–1; railroad operations, allowing for the
Department of Homeland Security Delegation operation of the draw from another
or on the distribution of power and No. 0170.1.
responsibilities between the Federal location, while allowing for comments
Government and Indian tribes. ■ 2. Revise § 117.411 to read as follows: regarding remote operations during the
interim period.
E. Unfunded Mandates Reform Act § 117.411 Missouri River.
DATES: This interim rule is effective
The Unfunded Mandates Reform Act (a) The draws of the bridges across the
December 29, 2015.
of 1995 (2 U.S.C. 1531–1538) requires Missouri River shall open on signal; Comments and related material must
Federal agencies to assess the effects of except during the winter season
reach the Coast Guard on or before
their discretionary regulatory actions. In between the date of closure and the date
February 29, 2016.
particular, the Act addresses actions of opening of the commercial navigation
season as published by the Army Corps ADDRESSES: You may submit comments
that may result in the expenditure by a or view documents mentioned in this
State, local, or tribal government, in the of Engineers, the draw need not open
unless at least 24 hours advance notice preamble as being available in the
aggregate, or by the private sector of docket, go to http://
is given.
$100,000,000 (adjusted for inflation) or www.regulations.gov, type [USCG–
(b) The draw of the Atchison Railroad
more in any one year. Though this rule 2015–0814]. in the ‘‘SEARCH’’ box and
Bridge, Mile 422.5, Missouri River need
will not result in such an expenditure, click ‘‘SEARCH.’’ Click on Open Docket
not open unless a two-hour advance
we do discuss the effects of this rule Folder on the line associated with this
notice is given during the commercial
elsewhere in this preamble. rulemaking.
navigation season.
F. Environment ■ 3. Revise § 117.687 to read as follows: See the ‘‘Public Participation and
Request for Comments’’ portion of the
We have analyzed this rule under § 117.687 Missouri River. SUPPLEMENTARY INFORMATION section
Department of Homeland Security The draws of the bridges, except for below for instructions on submitting
Management Directive 023–01 and the Atchison Railroad Bridge, Mile comments.
Commandant Instruction M16475.lD, 422.5, see § 117.411(b) for further
which guides the Coast Guard in FOR FURTHER INFORMATION CONTACT: If
details, across the Missouri River shall
complying with the National you have questions on this interim rule,
open on signal; except during the winter
Environmental Policy Act of 1969 call or email Ms. Geri Robinson; Bridge
season between the date of closure and
(NEPA) (42 U.S.C. 4321–4370f), and Administration Branch, Eighth Coast
date of opening of the commercial
have made a determination that this Guard District; telephone 504–671–
navigation season as published by the
action is one of a category of actions 2128, email geri.a.robinson@uscg.mil.
Army Corps of Engineers, the draws
which do not individually or need not open unless at least 24-hours SUPPLEMENTARY INFORMATION:
cumulatively have a significant effect on advance notice is given. I. Table of Abbreviations
the human environment. This rule Dated: December 11, 2015.
simply promulgates the operating CFR Code of Federal Regulations
D.R. Callahan, DHS Department of Homeland Security
regulations or procedures for
Rear Admiral, U.S. Coast Guard, Commander, FR Federal Register
drawbridges. This action is categorically Eighth Coast Guard District. NPRM Notice of proposed rulemaking
excluded from further review, under U.S.C. United States Code
[FR Doc. 2015–32735 Filed 12–28–15; 8:45 am]
figure 2–1, paragraph (32)(e), of the NSRR Norfolk Southern Railroad
BILLING CODE 9110–04–P
Instruction.
Under figure 2–1, paragraph (32)(e), of II. Background Information and
the Instruction, an environmental Regulatory History
DEPARTMENT OF HOMELAND
analysis checklist and a categorical SECURITY The Coast Guard is issuing this
exclusion determination are not interim rule without prior notice and
required for this rule. Coast Guard opportunity to comment pursuant to
authority under section 4(a) of the
G. Protest Activities
33 CFR Part 117 Administrative Procedure Act (APA) (5
The Coast Guard respects the First U.S.C. 553(b)). This provision
[Docket No. USCG–2015–0814]
Amendment rights of protesters. authorizes an agency to issue a rule
Protesters are asked to contact the RIN 1625–AA09 without prior notice and opportunity to
person listed in the FOR FURTHER comment when the agency for good
INFORMATION CONTACT section to Drawbridge Operation Regulation; cause finds that those procedures are
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coordinate protest activities so that your Lake Pontchartrain, Slidell, LA ‘‘impracticable, unnecessary, or contrary
message can be received without AGENCY:Coast Guard, DHS. to the public interest.’’ Under 5 U.S.C.
jeopardizing the safety or security of Interim rule with request for
ACTION: 553(b), the Coast Guard finds that good
people, places or vessels. comments. cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
List of Subjects in 33 CFR Part 117
SUMMARY: The Coast Guard is modifying respect to this rule because there will be
Bridges. the method of operation for the Norfolk no change to the operating schedule of
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![81184 Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations
traffic to pass. The warning lights will Folder on the line associated with this existing operating regulation. The rule
continue to flash red until the draw has rulemaking. modification will update drawbridge
returned to the fully open-to-navigation FOR FURTHER INFORMATION CONTACT: If closure times to better meet current
position at which time they will you have questions on this rule, call or highway traffic demands. Modifying the
deactivate. email Steven M. Fischer, Bridge existing drawbridge regulation will
(7) After the passage of each train, the Administrator, Thirteenth Coast Guard better meet the needs of current
draw must be returned to its fully open- District Bridge Program Office, highway users, and current commuter
to-navigation position. telephone 206–220–7282; email d13-pf- traffic patterns, while meeting
(8) To request openings of the draw d13bridges@uscg.mil. reasonable needs to maritime
when the bascule span is in the closed- navigation. This modification improves
SUPPLEMENTARY INFORMATION:
to-navigation position, mariners may movement of rush hour highway traffic
contact Norfolk Southern Railway via I. Table of Abbreviations while having minimal impact to
VHF–FM channel 13 or by telephone at CFR Code of Federal Regulations maritime waterway traffic.
the number displayed on the signs DHS Department of Homeland Security Vessel traffic on the Duwamish
posted at the bridge. FR Federal Register waterway consists of vessels ranging
(9) The draw will be operated locally NPRM Notice of Proposed Rulemaking from small pleasure craft, sailboats,
if: SNPRM Supplementary notice of proposed small tribal fishing boats, and
(i) Communication is lost between the rulemaking commercial tug and tow, and mega
drawbridge and the drawtender in § Section yachts.
WSDOT Washington State Department of
Decatur, Alabama; IV. Discussion of Comments, Changes
Transportation
(ii) More than two closed-circuit and the Final Rule
cameras are not working; II. Background Information and
Regulatory History The Coast Guard received one
(iii) The marine radio is inoperable;
comment on the proposed operating
(iv) Weather conditions warrant; or On May 14, 2015, the Coast Guard schedule change from Delta Marine
(v) Ordered by the Coast Guard. published a notice of proposed Industries. The rule change to the
* * * * * rulemaking (NPRM) entitled existing South Park Highway Bridge
Dated: December 11, 2015. ‘‘Drawbridge Operations: Duwamish operating regulation would represent a
D.R. Callahan, Waterway, Seattle, WA’’ in the Federal restriction on navigation related to Delta
Rear Admiral, U.S. Coast Guard, Commander, Register (80 FR 27619). We received one Marine Industries’ business. Currently,
Eighth Coast Guard District. comment on the rule. No public meeting the closure hours of the 1st Avenue
[FR Doc. 2015–32736 Filed 12–28–15; 8:45 am]
was requested, and none was held. South Bridge (6:00–9:00 a.m. and 3:00–
BILLING CODE 9110–04–P III. Legal Authority and Need for Rule 6:00 p.m., the same hours as now
proposed for the South Park Highway
The Coast Guard is issuing this rule Bridge) are the limiting factor for access
DEPARTMENT OF HOMELAND under authority 33 U.S.C 499. The of large vessels between Delta Marine
SECURITY South Park Highway Bridge is a double Industries and Elliott Bay. With the
bascule leaf drawbridge, and provides change to the closure hours for the
Coast Guard 34.8 feet of vertical clearance at center South Park Highway Bridge, vessels
span while in the closed position, 30 arriving and departing Delta Marine
33 CFR Part 117 feet of vertical clearance at the extreme Industries would be delayed/impacted
east and west ends of the navigable based on a half hour transit time
[Docket No. USCG–2015–0285] channel, and unlimited vertical between South Park Highway Bridge
RIN 1625–AA09 clearance in the fully open position. and 1st Avenue South Bridge.
Vertical clearances are referenced to Delta Marine Industries agrees with
Drawbridge Operation Regulation; mean high-water elevation (MHW). the concept of modifying the closure
Duwamish Waterway, Seattle, WA Horizontal clearance is 128 feet. The hours for the South Park Highway
South Park Highway Bridge is subject to Bridge in a way that reflects current
AGENCY: Coast Guard, DHS. tidal influence, and has at least 15 feet usage. However, Delta Marine Industries
ACTION: Final rule. of water depth at the bridge site at mean believes that matching the closure hours
lower low water. for the South Park Highway Bridge to
SUMMARY: The Coast Guard is modifying The drawbridge operating regulations those of the 1st Avenue South Bridge
the operating schedule that governs the at 33 CFR 117.1041(a) (2) currently does not accommodate the needs of
South Park Highway Bridge, on the states that the South Park Highway maritime users. Delta Marine Industries
Duwamish Waterway, mile 3.8, at Bridge need not be opened for the proposed revising the closure hours for
Seattle, WA. This modification revises passage of vessels from 6:30 a.m. to 8:00 the South Park Highway Bridge to 6:30–
closure hours for the South Park a.m. and 3:30 p.m. to 5 p.m., Monday 8:30 a.m. and 3:30–5:30 p.m., Monday
Highway Bridge. This action improves through Friday, except Federal holidays. through Friday except Federal holidays.
movement of rush hour highway traffic The current drawbridge operating King County agreed with Delta Marine
while having minimal impact to regulation was written to accommodate Industries’ proposal.
maritime waterway traffic. commuter patterns associated with Therefore, the Coast Guard is
DATES: This rule is effective January 28, morning and afternoon highway traffic modifying the drawbridge operating
jstallworth on DSK7TPTVN1PROD with RULES
2016. associated with Boeing Plant number 2 regulations at 33 CFR 117.1041(a) (2).
ADDRESSES: To view documents shift changes. As of 2011, this plant is The Coast Guard amends the opening
mentioned in this preamble as being no longer operational and therefore schedule such that the bridge need not
available in the docket, go to http:// highway traffic densities have changed. be opened for the passage of vessels
www.regulations.gov, type USCG–2015– King County owns and operates the from 6:30 a.m. to 8:30 a.m. and 3:30
0285 in the ‘‘SEARCH’’ box and click South Park Highway Bridge, and p.m. to 5:30 p.m., Monday through
‘‘SEARCH.’’ Click on Open Docket requested a permanent change to the Friday, except Federal holidays other
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Document Created: 2015-12-29 10:15:50
Document Modified: 2015-12-29 10:15:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim rule with request for comments. | |
| Dates | This interim rule is effective December 29, 2015. | |
| Contact | If you have questions on this interim rule, call or email Ms. Geri Robinson; Bridge Administration Branch, Eighth Coast Guard District; telephone 504-671-2128, email [email protected] | |
| FR Citation | 80 FR 81181 | |
| RIN Number | 1625-AA09 |
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