83 FR 12305 - Drawbridge Operation Regulation; Ebey Slough, Marysville, WA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 55 (March 21, 2018)
Coast Guard
Federal Register Volume 83, Issue 55 (March 21, 2018)
| Page Range | 12305-12307 | |
| FR Document | 2018-05701 |
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)] [Proposed Rules] [Pages 12305-12307] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05701] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2018-0128] RIN 1625-AA09 Drawbridge Operation Regulation; Ebey Slough, Marysville, WA AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to modify the operating schedule that governs the Burlington Northern Santa Fe Railroad Bridge 38.3 across Ebey Slough, mile 1.5, at Marysville, WA. The modified schedule would change the operating schedule of the Burlington Northern Santa Fe Railway (BNSF) Railroad Bridge 38.3 from on-demand [[Page 12306]] opening to a four hours advance notice for an opening. DATES: Comments and related material must reach the Coast Guard on or before May 7, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2018-0128 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. 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 proposed rule, call or email Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District Bridge Program Office, telephone 206-220-7282; email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking Sec. Section U.S.C. United States Code BNSF Burlington Northern Santa Fe Railway II. Background, Purpose and Legal Basis The Coast Guard is issuing this rule under authority in 33 U.S.C. 499. BNSF has requested a change to the operating schedule of the BNSF Railroad Bridge 38.3 across Ebey Slough, mile 1.5, in order to save on operating costs for the bridge. The proposed regulation will allow BNSF to not have a bridge operator attending the bridge until an opening request has been received. BNSF's proposal would allow a bridge operator to be able to open the swing span within four hours after receiving a request for an opening. Marine traffic on Ebey Slough consists of vessels ranging from small pleasure craft, small tribal fishing boats and occasionally medium size pleasure motor vessels. There has been a reduction in waterway usage following the City of Maryville's closure of the only upriver marina on Ebey Slough with very few bridge opening requests within the past three years. Only two marine vessel opening requests were received in 2017 and both were received longer than four hours prior to needing an opening. The subject bridge currently operates in accordance in 33 CFR 117.5. This bridge provides a vertical clearance approximately 5 feet above mean high water and approximately 16 feet above mean low water when in the closed-to-navigation position. III. Discussion of Proposed Rule This proposed rule would amend 33 CFR 117.1059 to provide specific requirements for the operation of BNSF Railroad Bridge 38.3. These specific requirements are in addition to or vary from the general requirements that apply to all drawbridges across the navigable waters of the United States. This proposed rule reasonably accommodates waterway users while reducing BNSF's burden in operating the bridge. We have not identified any impacts on marine navigation with this proposed rule. An alternate route is available into Steamboat Slough via Union Slough at high tide. IV. Regulatory Analyses We developed this proposed rule considering numerous statutes and Executive order (s) related to rulemaking. Below we summarize our analyses based on these statutes and Executive order (s), and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review E.O. 12866 and E.O. 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 NPRM has not been designated a ``significant regulatory action,'' under Executive order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the ability for the bridge to open on signal after receiving at least four hours advanced notice and not delay passage of any mariner. Vessels not requiring an opening may pass under the bridge at any time. An alternate route is available into Steamboat Slough via Union Slough at high tide. 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 proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the bridge may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.). D. Federalism and Indian Tribal Government A rule has implications for federalism under E.O. 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive order 13132. Also, this proposed rule does not have tribal implications under Executive order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of [[Page 12307]] power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. 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 proposed rule will not result in such expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule simply promulgates the operating regulations or procedures for drawbridges. Normally such actions are categorically excluded from further review, under figure 2-1, paragraph (32) (e), of the Instruction. A preliminary Record of Environmental Consideration and a Memorandum for the Record not required for this proposed rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed 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. V. 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, visit http://www.regulations.gov/privacynotice. Documents mentioned in this NPRM as being available in this docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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 proposes to amend 33 CFR part 117 as follows: PART 117--DRAWBRIDGE OPERATION REGULATIONS 0 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1. 0 2. In Sec. 117.1059 add paragraph (i) to read as follows: Sec. 117.1059 Snohomish River, Steamboat Slough, and Ebey Slough; Marysville, WA. * * * * * (i) The draw of the Burlington Northern Santa Fe Railroad Bridge across Ebey Slough, mile 1.5, near Marysville, shall open on signal if at least a four hour notice is given. The opening signal is one prolonged blast followed by one short blast. During freshets, a drawtender shall be in constant attendance, and the draw shall open on signal when so ordered by the District Commander. David G. Throop, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. [FR Doc. 2018-05701 Filed 3-20-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules 12305
between the Federal Government and V. Public Participation and Request for navigable waters bounded by the
Indian tribes, or on the distribution of Comments following points: 45°33.34′ N,
power and responsibilities between the We view public participation as 122°42.34′ W; 45°33.12′ N, 122°42.51′
Federal Government and Indian tribes. essential to effective rulemaking, and W; 45°32.71′ N, 122°41.37′ W; and
If you believe this proposed rule has will consider all comments and material 45°32.58′ N, 122°41.54′ W.
implications for federalism or Indian (b) Special local regulations. (1) The
received during the comment period.
tribes, please contact the person listed Coast Guard may patrol the regulated
Your comment can help shape the
in the FOR FURTHER INFORMATION area under the direction of a designated
outcome of this rulemaking. If you
CONTACT section. Coast Guard Patrol Commander
submit a comment, please include the
(PATCOM). PATCOM may be contacted
docket number for this rulemaking,
E. Unfunded Mandates Reform Act on Channel 16 VHF–FM (156.8 MHz) by
indicate the specific section of this
the call sign ‘‘PATCOM.’’ Official patrol
The Unfunded Mandates Reform Act document to which each comment
vessels may consist of any Coast Guard,
of 1995 (2 U.S.C. 1531–1538) requires applies, and provide a reason for each
Coast Guard Auxiliary, state, or local
Federal agencies to assess the effects of suggestion or recommendation.
law enforcement vessels assigned or
their discretionary regulatory actions. In We encourage you to submit
approved by the Captain of the Port,
particular, the Act addresses actions comments through the Federal
Sector Columbia River.
that may result in the expenditure by a eRulemaking Portal at http://
(2) Entrance into the regulated area is
www.regulations.gov. If your material
State, local, or tribal government, in the prohibited unless authorized by the
cannot be submitted using http://
aggregate, or by the private sector of PATCOM. The PATCOM may control
www.regulations.gov, contact the person
$100,000,000 (adjusted for inflation) or the movement of all vessels in the
in the FOR FURTHER INFORMATION
more in any one year. Though this regulated area. When hailed or signaled
CONTACT section of this document for
proposed rule would not result in such to stop by an official patrol vessel, a
alternate instructions.
an expenditure, we do discuss the vessel must come to an immediate stop
We accept anonymous comments. All
effects of this rule elsewhere in this and comply with the lawful directions
comments received will be posted
preamble. issued. Failure to comply with a lawful
without change to http://
direction may result in expulsion from
F. Environment www.regulations.gov and will include
the area, citation for failure to comply,
any personal information you have
or both.
We have analyzed this proposed rule provided. For more about privacy and (3) All vessels permitted to transit the
under Department of Homeland the docket, visit http:// regulated area must maintain a
Security Directive 023–01, which guides www.regulations.gov/privacyNotice. separation of at least 100 yards away
the Coast Guard in complying with the Documents mentioned in this NPRM from the USS PORTLAND.
National Environmental Policy Act of as being available in the docket, and all (c) Enforcement period. This
1969 (42 U.S.C. 4321–4370f), and have public comments, will be in our online regulated area is subject to enforcement
made a preliminary determination that docket at http://www.regulations.gov from 11:59 p.m. on April 14, 2018 to
this action is one of a category of actions and can be viewed by following that 11:59 p.m. on April 23, 2018.
that do not individually or cumulatively website’s instructions. Additionally, if
you go to the online docket and sign up D.G. Throop,
have a significant effect on the human
for email alerts, you will be notified RADM, U.S. Coast Guard, Commander,
environment. This proposed rule
when comments are posted or a final Thirteenth Coast Guard District.
involves a regulated area lasting less
rule is published. [FR Doc. 2018–05685 Filed 3–20–18; 8:45 am]
than 10 days that would limit entry
BILLING CODE 9110–04–P
within approximately 500 yards of the List of Subjects in 33 CFR Part 100
USS PORTLAND. Normally such Marine Safety, Navigation (water),
actions are categorically excluded from Reporting and recordkeeping DEPARTMENT OF HOMELAND
further review under paragraph L61 of requirements, Waterways. SECURITY
Appendix A, Table 1 of DHS Instruction For the reasons discussed in the
Manual 023–01–001–01, Rev. 01. A preamble, the Coast Guard proposes to Coast Guard
preliminary Memorandum for Record amend 33 CFR part 100 as follows:
supporting this determination is 33 CFR Part 117
available in the docket where indicated PART 100—SAFETY OF LIFE ON [Docket No. USCG–2018–0128]
under ADDRESSES. We seek any NAVIGABLE WATERS
comments or information that may lead RIN 1625–AA09
to the discovery of a significant ■ 1. The authority citation for part 100
continues to read as follows: Drawbridge Operation Regulation;
environmental impact from this Ebey Slough, Marysville, WA
proposed rule. Authority: 33 U.S.C. 1233; 33 CFR 1.05–1.
■ 2. Add § 100.T13–0154 to read as AGENCY: Coast Guard, DHS.
G. Protest Activities ACTION: Notice of proposed rulemaking.
follows:
The Coast Guard respects the First § 100.T13–0154 Special Local Regulations; SUMMARY: The Coast Guard proposes to
sradovich on DSK3GMQ082PROD with PROPOSALS
Amendment rights of protesters. USS PORTLAND Commissioning, Portland, modify the operating schedule that
Protesters are asked to contact the OR. governs the Burlington Northern Santa
person listed in the FOR FURTHER (a) Regulated area. The following area Fe Railroad Bridge 38.3 across Ebey
INFORMATION CONTACT section to is designated as a regulated area: All Slough, mile 1.5, at Marysville, WA.
coordinate protest activities so that your navigable waters of the Willamette River The modified schedule would change
message can be received without within 500 yards of the USS the operating schedule of the Burlington
jeopardizing the safety or security of PORTLAND while moored at the Port of Northern Santa Fe Railway (BNSF)
people, places, or vessels. Portland Terminal 2, specifically the Railroad Bridge 38.3 from on-demand
VerDate Sep<11>2014 17:00 Mar 20, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\21MRP1.SGM 21MRP1](https://thefederalregister.org/doc/83_FR_12360/page/1.svg)
![Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Proposed Rules 12307
power and responsibilities between the received during the comment period. open on signal when so ordered by the
Federal Government and Indian tribes. Your comment can help shape the District Commander.
If you believe this proposed rule has outcome of this rulemaking. If you
David G. Throop,
implications for federalism or Indian submit a comment, please include the
tribes, please contact the person listed docket number for this rulemaking, Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
in the FOR FURTHER INFORMATION indicate the specific section of this
[FR Doc. 2018–05701 Filed 3–20–18; 8:45 am]
CONTACT section above. document to which each comment
applies, and provide a reason for each BILLING CODE 9110–04–P
E. Unfunded Mandates Reform Act
suggestion or recommendation.
The Unfunded Mandates Reform Act
We encourage you to submit DEPARTMENT OF HOMELAND
of 1995 (2 U.S.C. 1531–1538) requires
comments through the Federal SECURITY
Federal agencies to assess the effects of
eRulemaking Portal at http://
their discretionary regulatory actions. In
www.regulations.gov. If your material Coast Guard
particular, the Act addresses actions
cannot be submitted using http://
that may result in the expenditure by a
www.regulations.gov, contact the person 33 CFR Part 165
State, local, or tribal government, in the
in the FOR FURTHER INFORMATION
aggregate, or by the private sector of [Docket Number USCG–2018–0198]
CONTACT section of this document for
$100,000,000 (adjusted for inflation) or
alternate instructions. RIN 1625–AA00
more in any one year. Though this
proposed rule will not result in such We accept anonymous comments. All
expenditure, we do discuss the effects of comments received will be posted Safety Zones; Recurring Safety Zones
this proposed rule elsewhere in this without change to http:// in Captain of the Port Sault Sainte
preamble. www.regulations.gov and will include Marie Zone
any personal information you have AGENCY: Coast Guard, DHS.
F. Environment provided. For more about privacy and
We have analyzed this proposed rule the docket, visit http:// ACTION: Notice of proposed rulemaking.
under Department of Homeland www.regulations.gov/privacynotice. SUMMARY: The Coast Guard proposes to
Security Management Directive 023–01 Documents mentioned in this NPRM amend its recurring safety zones
and Commandant Instruction as being available in this docket and all regulations in the Captain of the Port
M16475.lD, which guides the Coast public comments, will be in our online Sault Sainte Marie Zone. This proposed
Guard in complying with the National docket at http://www.regulations.gov rule would update eighteen safety zone
Environmental Policy Act of 1969 and can be viewed by following that locations, dates, and sizes, add three
(NEPA) (42 U.S.C. 4321–4370f), and website’s instructions. Additionally, if safety zones, remove two established
have made a preliminary determination you go to the online docket and sign up safety zones, and reformat the
that this action is one of a category of for email alerts, you will be notified regulations into an easier to read table
actions which do not individually or when comments are posted or a final format. These proposed amendments
cumulatively have a significant effect on rule is published. will protect spectators, participants, and
the human environment. This proposed vessels from the hazards associated with
rule simply promulgates the operating List of Subjects in 33 CFR Part 117
annual marine events and firework
regulations or procedures for shows, and improve the clarity and
Bridges.
drawbridges. Normally such actions are readability of the regulation. We invite
categorically excluded from further For the reasons discussed in the
your comments on this proposed
review, under figure 2–1, paragraph (32) preamble, the Coast Guard proposes to
rulemaking.
(e), of the Instruction. amend 33 CFR part 117 as follows:
A preliminary Record of DATES: Comments and related material
Environmental Consideration and a PART 117—DRAWBRIDGE must be received by the Coast Guard on
Memorandum for the Record not OPERATION REGULATIONS or before April 20, 2018.
required for this proposed rule. We seek ADDRESSES: You may submit comments
any comments or information that may ■ 1. The authority citation for part 117 identified by docket number USCG–
lead to the discovery of a significant continues to read as follows: 2018–0198 using the Federal
environmental impact from this Authority: 33 U.S.C. 499; 33 CFR 1.05–1; eRulemaking Portal at http://
proposed rule. Department of Homeland Security Delegation www.regulations.gov. Type the docket
No. 0170.1. number (USCG–2018–0198) in the
G. Protest Activities
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
The Coast Guard respects the First ■ 2. In § 117.1059 add paragraph (i) to See the ‘‘Public Participation and
Amendment rights of protesters. read as follows: Request for Comments’’ portion of the
Protesters are asked to contact the § 117.1059 Snohomish River, Steamboat SUPPLEMENTARY INFORMATION section for
person listed in the FOR FURTHER Slough, and Ebey Slough; Marysville, WA. further instructions on submitting
INFORMATION CONTACT section to comments.
* * * * *
coordinate protest activities so that your
(i) The draw of the Burlington FOR FURTHER INFORMATION CONTACT: If
sradovich on DSK3GMQ082PROD with PROPOSALS
message can be received without
jeopardizing the safety or security of Northern Santa Fe Railroad Bridge you have questions on this rule, call or
people, places or vessels. across Ebey Slough, mile 1.5, near email Lieutenant Junior Grade Sean V.
Marysville, shall open on signal if at Murphy, Chief of Waterways
V. Public Participation and Request for least a four hour notice is given. The Management, Coast Guard Sector Sault
Comments opening signal is one prolonged blast Sainte Marie, U.S. Coast Guard;
We view public participation as followed by one short blast. During telephone 906–635–3223, email
essential to effective rulemaking, and freshets, a drawtender shall be in Sean.V.Murphy@uscg.mil.
will consider all comments and material constant attendance, and the draw shall SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 17:00 Mar 20, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\21MRP1.SGM 21MRP1](https://thefederalregister.org/doc/83_FR_12360/page/3.svg)
Document Created: 2018-03-21 00:45:36
Document Modified: 2018-03-21 00:45:36
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must reach the Coast Guard on or before May 7, 2018. | |
| Contact | If you have questions on this proposed rule, call or email Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District Bridge Program Office, telephone 206-220-7282; email [email protected] | |
| FR Citation | 83 FR 12305 | |
| RIN Number | 1625-AA09 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR