82 FR 51766 - Drawbridge Operation Regulation; Lake Washington, Seattle, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 215 (November 8, 2017)

Page Range		51766-51767
FR Document		2017-24292

The Coast Guard is removing the existing drawbridge operation regulation for the Evergreen Point Floating Bridge (SR-520 Floating Bridge) across Lake Washington, mile 4.3, at Seattle, WA. The drawbridge was replaced with a fixed bridge in 2016, and the operating regulation is no longer applicable or necessary. The SR-520 Floating Bridge was rebuilt, and the center span was built with a fixed span that replaced the draw.

Federal Register, Volume 82 Issue 215 (Wednesday, November 8, 2017)

[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Rules and Regulations]
[Pages 51766-51767]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24292]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0976]
RIN 1625-AA09


Drawbridge Operation Regulation; Lake Washington, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulation for the Evergreen Point Floating Bridge (SR-520 Floating 
Bridge) across Lake Washington, mile 4.3, at Seattle, WA. The 
drawbridge was replaced with a fixed bridge in 2016, and the operating 
regulation is no longer applicable or necessary. The SR-520 Floating 
Bridge was rebuilt, and the center span was built with a fixed span 
that replaced the draw.

DATES: This rule is effective November 8, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0976. 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 Mr. Steven Fischer, Bridge Administrator, Thirteenth 
Coast Guard District; telephone 206-220-7282, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this final 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 notice 
and comment 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) because the Evergreen Point Floating Bridge (SR-520 
Floating Bridge), that once required draw operations in 33 CFR 
117.1049, was removed from Lake Washington and replaced with a fixed 
bridge in 2016. Therefore, the regulation is no longer applicable and 
needs to be removed. It is unnecessary to publish a NPRM because 
drawbridge regulations are only used for bridges that have an 
operational span that is intended to be opened for the passage of 
waterway traffic. The Evergreen Point Floating Bridge identified in 33 
CFR 117.1049 no longer exists and has been replaced by a bridge without 
an operational span.
    For the same reasons stated in the preceding paragraph, under 5 
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for 
making this rule effective in less than 30 days after publication in 
the Federal Register. The bridge at issue no longer has an operational 
span and therefore has no need of a drawbridge regulation. The removal 
of the regulation will not affect mariners currently operating on this 
waterway. Therefore, a delayed effective date is unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Evergreen Point Floating Bridge (SR-520 Floating Bridge) was 
removed and replaced with a fixed bridge in 2016. The elimination of 
this drawbridge necessitates the removal of the drawbridge operation 
regulation (33 CFR 117.1049) that pertains to the former drawbridge. 
The purpose of this rule is to remove the section of 33 CFR 117.1049 
that refers to the Evergreen Point Floating Bridge at mile 4.3 from the 
Code of Federal Regulations, because the bridge at that location is no 
longer has an operational span.

IV. Discussion of Final Rule

    The Coast Guard is changing the regulation in 33 CFR 117.1049 by 
removing restrictions and the regulatory burden related to the draw 
operations for this bridge that is no longer a drawbridge. The change 
removes the regulation governing the Evergreen Point Floating Bridge 
since the bridge has been replaced with a fixed bridge. This final rule 
will update the Code of Federal Regulations by removing language that 
governs the operation of the Evergreen Point Floating Bridge, which in 
fact is no longer a drawbridge. This change does not affect waterway or 
land traffic.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771. See OMB's Memorandum 
``Guidance Implementing Executive Order 13771, Titled `Reducing

[[Page 51767]]

Regulation and Controlling Regulatory Costs''' (April 5, 2017).
    As previously explained, the Evergreen Point Floating Bridge was 
removed from Lake Washington and replaced with a fixed bridge in 2016 
and no longer operates as a drawbridge. The removal of the operating 
schedule from 33 CFR part 117, subpart B, will have no effect on the 
movement of waterway or land traffic, but will serve to remove an 
outdated and obsolete provision from the CFR.

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.
    For the reasons stated in section IV.A above this final rule would 
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 Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it 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 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.
    A Record of Environmental Consideration and a Memorandum for the 
Record are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of 
Homeland Security Delegation No. 0170.1.


Sec.  117.1049  [Removed]

0
2. Remove Sec.  117.1049.

David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2017-24292 Filed 11-7-17; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 51767

Regulation and Controlling Regulatory Reduction Act of 1995 (44 U.S.C. 3501– List of Subjects in 33 CFR Part 117
Costs’’’ (April 5, 2017). 3520). Bridges.
As previously explained, the D. Federalism and Indian Tribal For the reasons discussed in the
Evergreen Point Floating Bridge was Government preamble, the Coast Guard amends 33
removed from Lake Washington and
A rule has implications for federalism CFR part 117 as follows:
replaced with a fixed bridge in 2016 and
no longer operates as a drawbridge. The under Executive Order 13132, PART 117—DRAWBRIDGE
removal of the operating schedule from Federalism, if it has a substantial direct OPERATION REGULATIONS
33 CFR part 117, subpart B, will have effect on the States, on the relationship
no effect on the movement of waterway between the national government and ■ 1. The authority citation for part 117
or land traffic, but will serve to remove the States, or on the distribution of continues to read as follows:
an outdated and obsolete provision from power and responsibilities among the
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
the CFR. various levels of government. We have and Department of Homeland Security
analyzed this rule under that Order and Delegation No. 0170.1.
B. Impact on Small Entities have determined that it is consistent
The Regulatory Flexibility Act of 1980 with the fundamental federalism § 117.1049 [Removed]
(RFA), 5 U.S.C. 601–612, as amended, principles and preemption requirements ■ 2. Remove § 117.1049.
requires federal agencies to consider the described in Executive Order 13132.
potential impact of regulations on small Also, this rule does not have tribal David G. Throop,
entities during rulemaking. The term implications under Executive Order Rear Admiral, U.S. Coast Guard, Commander,
‘‘small entities’’ comprises small 13175, Consultation and Coordination Thirteenth Coast Guard District.
businesses, not-for-profit organizations with Indian Tribal Governments, [FR Doc. 2017–24292 Filed 11–7–17; 8:45 am]
that are independently owned and because it does not have a substantial BILLING CODE 9110–04–P
operated and are not dominant in their direct effect on one or more Indian
fields, and governmental jurisdictions tribes, on the relationship between the
with populations of less than 50,000. Federal Government and Indian tribes, DEPARTMENT OF HOMELAND
The Coast Guard certifies under 5 U.S.C. or on the distribution of power and SECURITY
605(b) that this rule will not have a responsibilities between the Federal
significant economic impact on a Coast Guard
Government and Indian tribes.
substantial number of small entities.
E. Unfunded Mandates Reform Act 33 CFR Part 165
For the reasons stated in section IV.A
above this final rule would not have a The Unfunded Mandates Reform Act [Docket Number USCG–2017–0982]
significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires
RIN 1625–AA00
vessel owner or operator. Federal agencies to assess the effects of
Under section 213(a) of the Small their discretionary regulatory actions. In Safety Zone; Mamala Bay, Oahu, HI
Business Regulatory Enforcement particular, the Act addresses actions
Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a AGENCY: Coast Guard, DHS.
we want to assist small entities in State, local, or tribal government, in the ACTION: Temporary final rule.
understanding this rule. If the rule aggregate, or by the private sector of
would affect your small business, $100,000,000 (adjusted for inflation) or SUMMARY: On October 10, 2017, the
organization, or governmental more in any one year. Though this rule commercial fishing vessel PACIFIC
jurisdiction and you have questions will not result in such expenditure, we PARADISE ran aground off of the
concerning its provisions or options for do discuss the effects of this rule navigable waters of Mamala Bay
compliance, please contact the person elsewhere in this preamble. approximately 400 yards southwest of
listed in the FOR FURTHER INFORMATION Kaimana Beach, Oahu, Hawaii. The
F. Environment Coast Guard established a temporary
CONTACT, above.
Small businesses may send comments We have analyzed this rule under safety zone around the grounded vessel
on the actions of Federal employees Department of Homeland Security to facilitate vessel salvage operations
who enforce, or otherwise determine Management Directive 023–01 and and on October 18, 2017, the safety zone
compliance with, Federal regulations to Commandant Instruction M16475.lD, was extended for two additional weeks.
the Small Business and Agriculture which guides the Coast Guard in To date, the vessel remains grounded.
Regulatory Enforcement Ombudsman complying with the National Accordingly, effective November 1,
and the Regional Small Business Environmental Policy Act of 1969 2017, the Coast Guard extends the safety
Regulatory Fairness Boards. The (NEPA) (42 U.S.C. 4321–4370f), and zone for an additional thirty days to
Ombudsman evaluates these actions have made a determination that this facilitate ongoing salvage and
annually and rates each agency’s action is one of a category of actions subsequent removal operations. The
responsiveness to small business. If you which do not individually or extension of this safety zone is
wish to comment on actions by cumulatively have a significant effect on necessary to protect personnel, vessels
employees of the Coast Guard, call 1– the human environment. This rule and the marine environmental from
888–REG–FAIR (1–888–734–3247). The simply promulgates the operating potential hazards associated with
Coast Guard will not retaliate against regulations or procedures for ongoing operations to salvage and
drawbridges. This action is categorically remove a grounded vessel in this area.
ethrower on DSK3G9T082PROD with RULES

small entities that question or complain
about this rule or any policy or action excluded from further review, under Entry of vessels or persons into this
of the Coast Guard. figure 2–1, paragraph (32) (e), of the zone is prohibited unless specifically
Instruction. authorized by the Captain of the Port
C. Collection of Information (COTP) Honolulu.
A Record of Environmental
This rule calls for no new collection Consideration and a Memorandum for DATES: This rule is effective without
of information under the Paperwork the Record are not required for this rule. actual notice from November 8, 2017

VerDate Sep<11>2014 16:22 Nov 07, 2017 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\08NOR1.SGM 08NOR1

Document Created: 2017-11-08 01:21:06
Document Modified: 2017-11-08 01:21:06

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		Final rule.
Dates		This rule is effective November 8, 2017.
Contact		If you have questions on this rule, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email d13-pf- [email protected]
FR Citation		82 FR 51766
RIN Number		1625-AA09

82 FR 51766 - Drawbridge Operation Regulation; Lake Washington, Seattle, WA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 215 (November 8, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard