80_FR_81433 80 FR 81184 - Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA

80 FR 81184 - Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 249 (December 29, 2015)

Page Range81184-81186
FR Document2015-32737

The Coast Guard is modifying the operating schedule that governs the South Park Highway Bridge, on the Duwamish Waterway, mile 3.8, at Seattle, WA. This modification revises closure hours for the South Park Highway Bridge. This action improves movement of rush hour highway traffic while having minimal impact to maritime waterway traffic.

Federal Register, Volume 80 Issue 249 (Tuesday, December 29, 2015)
[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Rules and Regulations]
[Pages 81184-81186]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32737]


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

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: Final rule.

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

SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the South Park Highway Bridge, on the Duwamish Waterway, mile 
3.8, at Seattle, WA. This modification revises closure hours for the 
South Park Highway Bridge. This action improves movement of rush hour 
highway traffic while having minimal impact to maritime waterway 
traffic.

DATES: This rule is effective January 28, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0285 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Steven M. Fischer, Bridge Administrator, Thirteenth Coast 
Guard District Bridge Program Office, telephone 206-220-7282; email 
d13-pf-d13bridges@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
SNPRM Supplementary notice of proposed rulemaking
Sec.  Section
WSDOT Washington State Department of Transportation

II. Background Information and Regulatory History

    On May 14, 2015, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Drawbridge Operations: Duwamish Waterway, 
Seattle, WA'' in the Federal Register (80 FR 27619). We received one 
comment on the rule. No public meeting was requested, and none was 
held.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C 499. 
The South Park Highway Bridge is a double bascule leaf drawbridge, and 
provides 34.8 feet of vertical clearance at center span while in the 
closed position, 30 feet of vertical clearance at the extreme east and 
west ends of the navigable channel, and unlimited vertical clearance in 
the fully open position. Vertical clearances are referenced to mean 
high-water elevation (MHW). Horizontal clearance is 128 feet. The South 
Park Highway Bridge is subject to tidal influence, and has at least 15 
feet of water depth at the bridge site at mean lower low water.
    The drawbridge operating regulations at 33 CFR 117.1041(a) (2) 
currently states that the South Park Highway 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 p.m., Monday through Friday, except Federal holidays.
    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. King County owns and operates the South 
Park Highway Bridge, and requested a permanent change to the existing 
operating regulation. The rule modification will update drawbridge 
closure times to better meet current highway traffic demands. Modifying 
the existing drawbridge regulation will better meet the needs of 
current highway users, and current commuter traffic patterns, while 
meeting reasonable needs to maritime navigation. This modification 
improves movement of rush hour highway traffic while having minimal 
impact to maritime waterway traffic.
    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.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard received one comment on the proposed operating 
schedule change from Delta Marine Industries. The rule change to the 
existing South Park Highway Bridge operating regulation would represent 
a restriction on navigation related to Delta Marine Industries' 
business. Currently, the closure hours of the 1st Avenue South Bridge 
(6:00-9:00 a.m. and 3:00-6:00 p.m., the same hours as now proposed for 
the South Park Highway Bridge) are the limiting factor for access of 
large vessels between Delta Marine Industries and Elliott Bay. With the 
change to the closure hours for the South Park Highway Bridge, vessels 
arriving and departing Delta Marine Industries would be delayed/
impacted based on a half hour transit time between South Park Highway 
Bridge and 1st Avenue South Bridge.
    Delta Marine Industries agrees with the concept of modifying the 
closure hours for the South Park Highway Bridge in a way that reflects 
current usage. However, Delta Marine Industries believes that matching 
the closure hours for the South Park Highway Bridge to those of the 1st 
Avenue South Bridge does not accommodate the needs of maritime users. 
Delta Marine Industries proposed revising the closure hours for the 
South Park Highway Bridge to 6:30-8:30 a.m. and 3:30-5:30 p.m., Monday 
through Friday except Federal holidays. King County agreed with Delta 
Marine Industries' proposal.
    Therefore, the Coast Guard is modifying the drawbridge operating 
regulations at 33 CFR 117.1041(a) (2). The Coast Guard amends the 
opening schedule such that the bridge need not be opened for the 
passage of vessels from 6:30 a.m. to 8:30 a.m. and 3:30 p.m. to 5:30 
p.m., Monday through Friday, except Federal holidays other

[[Page 81185]]

than Columbus Day. This amendment will increase efficiency for current 
highway traffic demands in light of changed traffic patterns and ensure 
minimal impact to maritime waterway traffic. All other requirements 
regarding the South Park Bridge under 33 CFR 117.1041 will remain the 
same.

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 these statutes or E.O.s. and we discuss First 
Amendment rights of protestors.

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 regulatory action determination is based on the fact that the 
change will add thirty minutes to each closure period for the 
drawbridge, minimally impacting vessels transiting the waterway. The 
change does not otherwise significantly alter the duration and time 
frame of the current closure schedule.

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 received no comments from the Small Business 
Administration on this rule. 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.
    This action will not have a significant economic impact on a 
substantial number of small entities because this rule will be in 
effect twice a day for a total of four hours when vehicle traffic is 
high. Vessels that can safely transit under the bridge may do so at any 
time.
    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 will affect your small 
business, organization, or governmental jurisdiction, and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in 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.

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. Revise Sec.  117.1041(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

[[Page 81186]]

passage of vessels from 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to 
5:30 p.m., Monday through Friday except, Federal holidays, other than 
Columbus Day.
* * * * *

    Dated: December 14, 2015.
R.T. Gromlich,
Rear Admiral, U. S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2015-32737 Filed 12-28-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                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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                                                                 Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations                                        81185

                                                than Columbus Day. This amendment                          Under section 213(a) of the Small                  particular, the Act addresses actions
                                                will increase efficiency for current                    Business Regulatory Enforcement                       that may result in the expenditure by a
                                                highway traffic demands in light of                     Fairness Act of 1996 (Pub. L. 104–121),               State, local, or tribal government, in the
                                                changed traffic patterns and ensure                     we want to assist small entities in                   aggregate, or by the private sector of
                                                minimal impact to maritime waterway                     understanding this rule. If the rule will             $100,000,000 (adjusted for inflation) or
                                                traffic. All other requirements regarding               affect your small business, organization,             more in any one year. Though this rule
                                                the South Park Bridge under 33 CFR                      or governmental jurisdiction, and you                 will not result in such an expenditure,
                                                117.1041 will remain the same.                          have questions concerning its                         we do discuss the effects of this rule
                                                                                                        provisions or options for compliance,                 elsewhere in this preamble.
                                                V. Regulatory Analyses
                                                                                                        please contact the person listed in the
                                                   We developed this rule after                                                                               F. Environment
                                                                                                        FOR FURTHER INFORMATION CONTACT,
                                                considering numerous statutes and                       above.                                                   We have analyzed this rule under
                                                executive orders (E.O.s) related to                        Small businesses may send comments                 Department of Homeland Security
                                                rulemaking. Below we summarize our                      on the actions of Federal employees                   Management Directive 023–01 and
                                                analyses based on these statutes or                     who enforce, or otherwise determine                   Commandant Instruction M16475.lD,
                                                E.O.s. and we discuss First Amendment                   compliance with, Federal regulations to               which guides the Coast Guard in
                                                rights of protestors.                                   the Small Business and Agriculture                    complying with the National
                                                A. Regulatory Planning and Review                       Regulatory Enforcement Ombudsman                      Environmental Policy Act of 1969
                                                                                                        and the Regional Small Business                       (NEPA) (42 U.S.C. 4321–4370f), and
                                                   E.O.s 12866 and 13563 direct agencies                Regulatory Fairness Boards. The                       have made a determination that this
                                                to assess the costs and benefits of                     Ombudsman evaluates these actions                     action is one of a category of actions
                                                available regulatory alternatives and, if               annually and rates each agency’s                      which do not individually or
                                                regulation is necessary, to select                      responsiveness to small business. If you              cumulatively have a significant effect on
                                                regulatory approaches that maximize                     wish to comment on actions by                         the human environment. This rule
                                                net benefits. E.O. 13563 emphasizes the                 employees of the Coast Guard, call 1–                 simply promulgates the operating
                                                importance of quantifying both costs                    888–REG–FAIR (1–888–734–3247). The                    regulations or procedures for
                                                and benefits, of reducing costs, of                     Coast Guard will not retaliate against                drawbridges. This action is categorically
                                                harmonizing rules, and of promoting                     small entities that question or complain              excluded from further review, under
                                                flexibility. This rule has not been                     about this rule or any policy or action               figure 2–1, paragraph (32) (e), of the
                                                designated a ‘‘significant regulatory                   of the Coast Guard.                                   Instruction.
                                                action,’’ under E.O. 12866. Accordingly,                                                                         Under figure 2–1, paragraph (32) (e),
                                                it has not been reviewed by the Office                  C. Collection of Information                          of the Instruction, an environmental
                                                of Management and Budget.                                 This rule calls for no new collection               analysis checklist and a categorical
                                                   This regulatory action determination                 of information under the Paperwork                    exclusion determination are not
                                                is based on the fact that the change will               Reduction Act of 1995 (44 U.S.C. 3501–                required for this rule.
                                                add thirty minutes to each closure                      3520.).
                                                period for the drawbridge, minimally                                                                          G. Protest Activities
                                                impacting vessels transiting the                        D. Federalism and Indian Tribal                         The Coast Guard respects the First
                                                waterway. The change does not                           Government                                            Amendment rights of protesters.
                                                otherwise significantly alter the                          A rule has implications for federalism             Protesters are asked to contact the
                                                duration and time frame of the current                  under Executive Order 13132,                          person listed in the FOR FURTHER
                                                closure schedule.                                       Federalism, if it has a substantial direct            INFORMATION CONTACT section to
                                                                                                        effect on the States, on the relationship             coordinate protest activities so that your
                                                B. Impact on Small Entities
                                                                                                        between the national government and                   message can be received without
                                                   The Regulatory Flexibility Act of 1980               the States, or on the distribution of                 jeopardizing the safety or security of
                                                (RFA), 5 U.S.C. 601–612, as amended,                    power and responsibilities among the                  people, places or vessels.
                                                requires federal agencies to consider the               various levels of government. We have
                                                potential impact of regulations on small                analyzed this rule under that Order and               List of Subjects in 33 CFR Part 117
                                                entities during rulemaking. The term                    have determined that it is consistent                   Bridges.
                                                ‘‘small entities’’ comprises small                      with the fundamental federalism                         For the reasons discussed in the
                                                businesses, not-for-profit organizations                principles and preemption requirements                preamble, the Coast Guard amends 33
                                                that are independently owned and                        described in E.O. 13132.                              CFR part 117 as follows:
                                                operated and are not dominant in their                     Also, this rule does not have tribal
                                                fields, and governmental jurisdictions                  implications under Executive Order                    PART 117—DRAWBRIDGE
                                                with populations of less than 50,000.                   13175, Consultation and Coordination                  OPERATION REGULATIONS
                                                The Coast Guard received no comments                    with Indian Tribal Governments,
                                                from the Small Business Administration                  because it does not have a substantial                ■ 1. The authority citation for part 117
                                                on this rule. The Coast Guard certifies                 direct effect on one or more Indian                   continues to read as follows:
                                                under 5 U.S.C. 605(b) that this rule will               tribes, on the relationship between the                 Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                not have a significant economic impact                  Federal Government and Indian tribes,                 Department of Homeland Security Delegation
                                                on a substantial number of small                        or on the distribution of power and                   No. 0170.1.
                                                entities.                                               responsibilities between the Federal                  ■ 2. Revise § 117.1041(a)(2) to read as
jstallworth on DSK7TPTVN1PROD with RULES




                                                   This action will not have a significant              Government and Indian tribes.                         follows:
                                                economic impact on a substantial
                                                number of small entities because this                   E. Unfunded Mandates Reform Act                       § 117.1041 Drawbridge Operation
                                                rule will be in effect twice a day for a                  The Unfunded Mandates Reform Act                    Regulation; Duwamish River; Seattle WA
                                                total of four hours when vehicle traffic                of 1995 (2 U.S.C. 1531–1538) requires                  (a) * * *
                                                is high. Vessels that can safely transit                Federal agencies to assess the effects of              (2) The draw of the South Park Bridge,
                                                under the bridge may do so at any time.                 their discretionary regulatory actions. In            mile 3.8, need not be opened for the


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                                                81186            Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations

                                                passage of vessels from 6:30 a.m. to 8:30               Comments’’ portion of the                             requirements were suspended, relied on
                                                a.m. and from 3:30 p.m. to 5:30 p.m.,                   SUPPLEMENTARY INFORMATION    section for              the existing reporting requirements at 33
                                                Monday through Friday except, Federal                   further instructions on submitting                    CFR 165.921 to support the exemption.
                                                holidays, other than Columbus Day.                      comments.                                             Starting on January 1, 2016, a vessel
                                                *     *    *     *    *                                 FOR FURTHER INFORMATION CONTACT:   For                would only be eligible for the
                                                                                                        information about this document call or               exemption if it is required to report its
                                                  Dated: December 14, 2015.
                                                                                                        email CDR Dan Somma at                                movements or cargo as specified in
                                                R.T. Gromlich,                                                                                                § 160.204(a)(3). This rule makes changes
                                                Rear Admiral, U. S. Coast Guard,                        dan.t.somma@uscg.mil or CDR Anthony
                                                                                                        Maffia at anthony.j.maffia@uscg.mil, or               to limit the suspended reporting
                                                Commander, Thirteenth Coast Guard District.                                                                   requirements, which would otherwise
                                                [FR Doc. 2015–32737 Filed 12–28–15; 8:45 am]
                                                                                                        call the Coast Guard at 216–902–6064.
                                                                                                                                                              come into effect in full on January 1,
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                BILLING CODE 9110–04–P                                                                                        2016.
                                                                                                        I. Table of Abbreviations                                Also relevant to this interim rule and
                                                                                                                                                              request for comments is the portion of
                                                DEPARTMENT OF HOMELAND                                  CDC Certain Dangerous Cargo                           80 FR 5282 requiring that all vessels
                                                SECURITY                                                CFR Code of Federal Regulations
                                                                                                        DHS Department of Homeland Security
                                                                                                                                                              engaged in the movement of Certain
                                                                                                        E.O. Executive order                                  Dangerous Cargos (CDC) have Class A
                                                Coast Guard                                                                                                   Automatic Information System
                                                                                                        FR Federal Register
                                                                                                        IRVMC Inland River Vessel Movement                    beginning in March 2016, pending
                                                33 CFR Part 165                                           Center                                              Office of Management and Budget
                                                [Docket Number USCG–2013–0849]                          NPRM Notice of proposed rulemaking                    (OMB) approval of a collection of
                                                                                                        Pub. L. Public Law                                    information associated with that
                                                RIN 1625–AA11                                           RNA Regulated navigation area                         regulatory requirement. These AIS
                                                                                                        U.S.C. United States Code                             requirements provided under 33 CFR
                                                Regulated Navigation Area; Reporting
                                                Requirements for Barges Loaded With                     II. Background Information and                        164.46, if enforced, may provide an
                                                Certain Dangerous Cargoes, Illinois                     Regulatory History                                    alternative method of reporting that
                                                Waterway System Located Within the                                                                            could potentially satisfy the
                                                                                                           The reporting requirements under 33                requirements under 33 CFR 165.921 and
                                                Ninth Coast Guard District; Expiration                  CFR 165.921 ‘‘Regulated Navigation                    qualify these vessels for the 33 CFR
                                                of Stay (Suspension) and                                Area; Reporting Requirements for Barges               160.204(a)(3) exemption. As indicated
                                                Administrative Changes                                  Loaded with Certain Dangerous Cargoes,                in the Federal Register publications
                                                                                                        Illinois Waterway System located                      establishing and extending the RNA
                                                AGENCY:Coast Guard, DHS.
                                                                                                        within the Ninth Coast Guard District’’               suspension, during the suspension
                                                      Interim rule; request for
                                                ACTION:                                                 were initially suspended (‘‘stayed’’) in
                                                comments.                                                                                                     periods, the Coast Guard assessed
                                                                                                        January 2011 due to the expiration of                 whether to modify the reporting
                                                SUMMARY:   Through this interim rule, the               the contract for the Inland River Vessel              required under the RNA and potential
                                                Coast Guard is providing administrative                 Movement Center (IRVMC). The IRVMC                    suitable alternative Coast Guard offices
                                                changes to the existing reporting                       was the Coast Guard office responsible                and programs to receive and
                                                requirements under the Regulated                        for collecting the information required               disseminate the reported information.
                                                Navigation Area (RNA) applicable to                     by the regulated navigation area (RNA)                The new Automatic Information System
                                                barges loaded with certain dangerous                    at § 165.921. Upon expiration of the                  requirement, once in full effect, will still
                                                cargoes on the Illinois Waterway System                 contract for the IRVMC, the Coast Guard               be assessed as a potential alternative
                                                in the Ninth District area of                           was not able to receive and process                   reporting method. At this time, the
                                                responsibility. The current stay of                     reports. Therefore, the suspension of                 Coast Guard has determined that using
                                                reporting requirements under the RNA                    reporting requirements was published                  already-established Coast Guard offices
                                                is scheduled to expire on December 31,                  in the Federal Register on January 10,                and units centralized at the Ninth
                                                2015. This interim rule limits the                      2011 and was due to expire on January                 District level to receive required reports
                                                reporting requirements in that rule for                 15, 2013 (76 FR 2829). On January 3,                  is the appropriate interim solution to
                                                an interim period while also requesting                 2013, the Coast Guard extended the                    resume the reporting requirements
                                                comments before proposing or finalizing                 suspension through September 30, 2013                 necessary for both maritime domain
                                                any long term or permanent revisions to                 (78 FR 4788) and on October 1, 2013,                  awareness and to satisfy the exemption
                                                the existing reporting requirements.                    the Coast Guard extended the                          in 33 CFR 160.204(a)(3). This interim
                                                                                                        suspension once again through                         rule provides the necessary
                                                DATES: This interim rule is effective
                                                                                                        December 31, 2015 (78 FR 61183).                      administrative changes to the existing
                                                beginning January 1, 2016. Comments                        In January 2015 the Coast Guard
                                                and related material must be received by                                                                      reporting requirements, requiring
                                                                                                        published a final rule, titled Vessel                 reporting in a limited form while also
                                                the Coast Guard on or before June 27,                   Requirements for Notices of Arrival and
                                                2016. See SUPPLEMENTARY INFORMATION                                                                           requesting comments to better assess a
                                                                                                        Departure, and Automatic Identification               potential permanent reporting system.
                                                for details on enforcement and                          System (80 FR 5282). This rule
                                                compliance.                                             implemented new and updated Notices                   III. Legal Authority and Need for Rule
                                                ADDRESSES:  The docket for this interim                 of Arrival reporting requirements under                  The Coast Guard is issuing this
                                                rule and request for comments, [USCG–                   33 CFR 160 Subpart C by providing an                  interim rule to limit the RNA reporting
jstallworth on DSK7TPTVN1PROD with RULES




                                                2013–0849], is available at http://                     exemption, at 33 CFR 160.204(a)(3) for                requirements that will come into effect
                                                www.regulations.gov. You may submit                     any vessel required to report                         after December 31 when the stay of
                                                comments identified by docket number                    movements, its cargo, or the cargo in                 § 165.921 expires. This rule is necessary
                                                USCG–2013–0849 using the Federal                        barges it is towing under 33 CFR                      to stay compliance with certain
                                                eRulemaking Portal at http://                           165.921 after December 31, 2015. This                 provisions of the existing rule, and to
                                                www.regulations.gov. See the ‘‘Public                   rule, which was initially proposed in                 make administrative changes replacing
                                                Participation and Request for                           2008 before the RNA reporting                         the references to IRVMC, which is no


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Document Created: 2015-12-29 10:15:30
Document Modified: 2015-12-29 10:15:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective January 28, 2016.
ContactIf you have questions on this rule, call or email Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District Bridge Program Office, telephone 206-220-7282; email [email protected]
FR Citation80 FR 81184 
RIN Number1625-AA09

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