83_FR_24122 83 FR 24021 - Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA

83 FR 24021 - Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 101 (May 24, 2018)

Page Range24021-24023
FR Document2018-11102

The Coast Guard is modifying the operating schedule that governs the Chambers Bay railroad lift bridge (Chambers Bay Bridge) across Chambers Bay, mile 0.01, near Steilacoom in Pierce County, WA. The modified schedule removes the bridge operator at the subject drawbridge between the hours of 10 p.m. and 6 a.m. due to minimal usage.

Federal Register, Volume 83 Issue 101 (Thursday, May 24, 2018)
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Rules and Regulations]
[Pages 24021-24023]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11102]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0695]
RIN 1625-AA09


Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Chambers Bay railroad lift bridge (Chambers Bay Bridge) 
across Chambers Bay, mile 0.01, near Steilacoom in Pierce County, WA. 
The modified schedule removes the bridge operator at the subject 
drawbridge between the hours of 10 p.m. and 6 a.m. due to minimal 
usage.

DATES: This rule is effective June 25, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0695 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.

[[Page 24022]]


SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
BNSF Burlington Northern Santa Fe
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    On March 12, 2018, we published a notice of proposed rulemaking 
entitled Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA, 
in the Federal Register (83 FR 10648). We received no comments on this 
rule. On January 17, 2018 we published in the Local Notice to Mariners 
an approved temporary deviation for the subject bridge while we 
processed a permanent regulation change.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
Chambers Bay Bridge across Chambers Bay, mile 0.01, near Steilacoom in 
Pierce County, WA, is a lift bridge and provides a vertical clearance 
of 10ft in the closed-to-navigation position, and 50ft of vertical 
clearance in the open-to-navigation position (reference MHW elevation 
of 12.2 feet). The subject bridge operates in accordance with 33 CFR 
117.5. This rule will be a specific operating rule in Subpart B. This 
new rule allows BNSF to better balance the needs of marine and rail 
traffic, and modifies the operating schedule by removing the bridge 
operator between the evening hours of 10 p.m. and 6 a.m. due to minimal 
usage. In the last 6 years, only 2% of the subject bridge lifts have 
occurred between the hours of 10 p.m. and 6 a.m., which equates to 
approximately 5 openings a year.

IV. Discussion of Comments, Changes and the Final Rule

    We provided a comment period of 30 days, and no comments were 
received. The current rule for the subject bridge is open on demand (33 
CFR 117.5). However, this rule will be a new specific regulation in 
Subpart B. The new rule will authorize BNSF to remove the bridge 
operator at the Chambers Bay Bridge from 10 p.m. to 6 a.m., but the 
draw shall open on signal if at least four hours of notice is given. 
For vessels engaged in emergency response, the draw will be required to 
open as soon as possible, and no later than one hour after 
notification.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analysis 
based on these statutes and Executive Orders, and we discuss First 
Amendment rights of protestors.

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. This regulatory action 
determination is based on the ability that vessels can still transit 
the bridge given advanced notice.

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 proposed rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit 
under the bridge may be small entities, for the reasons stated in 
section V.A. above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork 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. We 
have not received any comments for this rule change.

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. We have not

[[Page 24023]]

received any comments for this rule change.

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.

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. Add Sec.  117.1029 under the center heading ``Washington'' to read 
as follows:


Sec.  117.1029   Chambers Bay.

    The draw of the Chambers Bay railroad lift bridge, mile 0.01, at 
Chambers Bay, shall open on signal except between 10 p.m. to 6 a.m. The 
draw shall open on signal from 10 p.m. to 6 a.m. when at least four 
hours of notice has been given via the phone number displayed at the 
bridge, and as soon as possible, no later than 1 hour after 
notification, for vessels engaged in emergency response.

David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2018-11102 Filed 5-23-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations                                               24021

                                              coordinates are North American Datum                    This temporary deviation extends the                  unable to pass through the bridge when
                                              1983.                                                   period the bridge may remain in the                   in the closed position.
                                                (b) Definition. The term ‘‘designated                 closed-to-navigation position and is                     The Coast Guard will also inform the
                                              representative’’ means Coast Guard                      necessary to finalize emergency repairs.              users of the waterways through our
                                              Patrol Commanders, including Coast                      DATES: This deviation is effective from               Local and Broadcast Notices to Mariners
                                              Guard coxswains, petty officers, and                    12:01 a.m. on May 26, 2018, to 11:59                  of the change in operating schedule for
                                              other officers operating Coast Guard                    p.m. on June 29, 2018.                                the bridge so that vessel operators can
                                              vessels, and Federal, state, and local                  ADDRESSES: The docket for this                        arrange their transits to minimize any
                                              officers designated by or assisting the                 deviation, USCG–2017–0595 is available                impact caused by this temporary
                                              Captain of the Port (COTP) Charleston                   at http://www.regulations.gov. Type the               deviation.
                                              in the enforcement of the regulated                     docket number in the ‘‘SEARCH’’ box                      In accordance with 33 CFR 117.35(e),
                                              areas.                                                  and click ‘‘SEARCH’’. Click on Open                   the drawbridge must return to its regular
                                                (c) Regulations. (1) All non-                         Docket Folder on the line associated                  operating schedule immediately at the
                                              participant persons and vessels are                     with this deviation.                                  end of the effective period of this
                                              prohibited from entering, transiting                                                                          temporary deviation. This deviation
                                                                                                      FOR FURTHER INFORMATION CONTACT: If
                                              through, anchoring in, or remaining                                                                           from the operating regulations is
                                                                                                      you have questions on this temporary
                                              within the regulated area unless                                                                              authorized under 33 CFR 117.35.
                                                                                                      deviation, call or email Judy K. Leung-
                                              authorized by the COTP Charleston or a
                                                                                                      Yee, Bridge Management Specialist,                      Dated: May 7, 2018.
                                              designated representative.
                                                 (2) Persons and vessels desiring to                  First District Bridge Branch, U.S. Coast              Christopher J. Bisignano,
                                              enter, transit through, anchor in, or                   Guard; telephone 212–514–4336, email                  Supervisory Bridge Management Specialist,
                                              remain within the regulated area may                    Judy.K.Leung-Yee@uscg.mil.                            First Coast Guard District.
                                              contact the COTP Charleston by                          SUPPLEMENTARY INFORMATION: On July 6,                 [FR Doc. 2018–11098 Filed 5–23–18; 8:45 am]
                                              telephone at 843–740–7050, or a                         2017, the Coast Guard published a                     BILLING CODE 9110–04–P
                                              designated representative via VHF radio                 temporary deviation entitled
                                              on channel 16, to request authorization.                ‘‘Drawbridge Operation Regulation;
                                                 (3) If authorization to enter, transit               Jamaica Bay, Queens, NY’’ in the                      DEPARTMENT OF HOMELAND
                                              through, anchor in, or remain within the                Federal Register (82 FR 31255). That                  SECURITY
                                              regulated area is granted, all persons                  deviation allowed the bridge to open
                                                                                                      with two-hours of advance notice from                 Coast Guard
                                              and vessels receiving such authorization
                                              must comply with the instructions of                    July 6, 2017 to December 22, 2017. On
                                                                                                      December 7, 2017, the Coast Guard                     33 CFR Part 117
                                              the COTP Charleston or a designated
                                              representative.                                         published a temporary interim rule with               [Docket No. USCG–2017–0695]
                                                 (4) The Coast Guard will provide                     request for comments entitled
                                                                                                      ‘‘Drawbridge Operation Regulation;                    RIN 1625–AA09
                                              notice of the regulated area by Local
                                              Notice to Mariners, Broadcast Notice to                 Jamaica Bay, Queens, NY’’ in the
                                                                                                                                                            Drawbridge Operation Regulation;
                                              Mariners, and on-scene designated                       Federal Register (82 FR 57674). That
                                                                                                                                                            Chambers Bay, Steilacoom, WA
                                              representatives.                                        temporary interim rule extended the
                                                 (d) Enforcement period. This rule will               period the bridge may remain in the                   AGENCY:    Coast Guard, DHS.
                                              be enforced from 7 a.m. until 11 a.m. on                closed position through May 25, 2018.                 ACTION:   Final rule.
                                              May 26, 2018.                                              The owner of the bridge, the
                                                                                                      Metropolitan Transportation Authority,                SUMMARY:  The Coast Guard is modifying
                                                Dated: May 18, 2018.
                                                                                                      requested a second temporary deviation                the operating schedule that governs the
                                              J.W. Reed,
                                                                                                      to extend the bridge closure from 12:01               Chambers Bay railroad lift bridge
                                              Captain, U.S. Coast Guard, Captain of the               a.m. on May 26, 2018 to 11:59 p.m. on                 (Chambers Bay Bridge) across Chambers
                                              Port, Charleston.
                                                                                                      June 29, 2018. This extension is                      Bay, mile 0.01, near Steilacoom in
                                              [FR Doc. 2018–11144 Filed 5–23–18; 8:45 am]
                                                                                                      necessary to complete emergency                       Pierce County, WA. The modified
                                              BILLING CODE 9110–04–P                                  repairs associated with the replacement               schedule removes the bridge operator at
                                                                                                      of lift span machinery that has been                  the subject drawbridge between the
                                                                                                      delayed by inclement weather.                         hours of 10 p.m. and 6 a.m. due to
                                              DEPARTMENT OF HOMELAND                                     The Marine Parkway (Gil Hodges)                    minimal usage.
                                              SECURITY                                                Bridge across Rockaway Inlet, mile 3.0                DATES: This rule is effective June 25,
                                              Coast Guard                                             at Queens, New York is a vertical lift                2018.
                                                                                                      bridge with a vertical clearance of 55
                                                                                                      feet at mean high water and 59 feet at                ADDRESSES:   To view documents
                                              33 CFR Part 117                                                                                               mentioned in this preamble as being
                                                                                                      mean low water in the closed position.
                                              [Docket No. USCG–2017–0595]                             The existing drawbridge operating                     available in the docket, go to http://
                                                                                                      regulations are listed at 33 CFR                      www.regulations.gov. Type USCG–
                                              Drawbridge Operation Regulation;                        117.795(a).                                           2017–0695 in the ‘‘SEARCH’’ box and
                                              Jamaica Bay, Queens, NY                                    The waterway is transited by seasonal              click ‘‘SEARCH.’’ Click on Open Docket
                                              AGENCY: Coast Guard, DHS.                               recreational traffic and some                         Folder on the line associated with this
                                                                                                      commercial vessels. Coordination with                 rulemaking.
                                              ACTION:Notice of deviation from
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                                              drawbridge regulation.                                  waterway users has indicated no                       FOR FURTHER INFORMATION CONTACT: If
                                                                                                      objections to the proposed closure of the             you have questions on this rule, call or
                                              SUMMARY:  The Coast Guard has issued a                  draw. Vessels able to pass through the                email Steven M. Fischer, Bridge
                                              temporary deviation from the operating                  bridge in the closed position may do so               Administrator, Thirteenth Coast Guard
                                              schedule that governs the Marine                        at any time. The bridge will not be able              District Bridge Program Office,
                                              Parkway (Gil Hodges) Bridge across                      to open for emergencies. There is no                  telephone 206–220–7282; email d13-pf-
                                              Jamaica Bay, mile 3.0, at Queens, NY.                   immediate alternate route for vessels                 d13bridges@uscg.mil.


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                                              24022              Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations

                                              SUPPLEMENTARY INFORMATION:                              V. Regulatory Analyses                                  Small businesses may send comments
                                                                                                        We developed this rule after                        on the actions of Federal employees
                                              I. Table of Abbreviations                                                                                     who enforce, or otherwise determine
                                                                                                      considering numerous statutes and
                                              CFR Code of Federal Regulations                         Executive Orders related to rulemaking.               compliance with, Federal regulations to
                                              DHS Department of Homeland Security                     Below we summarize our analysis based                 the Small Business and Agriculture
                                              FR Federal Register                                     on these statutes and Executive Orders,               Regulatory Enforcement Ombudsman
                                              NPRM Notice of proposed rulemaking                      and we discuss First Amendment rights                 and the Regional Small Business
                                              BNSF Burlington Northern Santa Fe                       of protestors.                                        Regulatory Fairness Boards. The
                                              § Section                                                                                                     Ombudsman evaluates these actions
                                              U.S.C. United States Code                               A. Regulatory Planning and Review                     annually and rates each agency’s
                                                                                                         Executive Orders 12866 and 13563                   responsiveness to small business. If you
                                              II. Background, Purpose and Legal
                                                                                                      direct agencies to assess the costs and               wish to comment on actions by
                                              Basis
                                                                                                      benefits of available regulatory                      employees of the Coast Guard, call 1–
                                                On March 12, 2018, we published a                     alternatives and, if regulation is                    888–REG–FAIR (1–888–734–3247). The
                                              notice of proposed rulemaking entitled                  necessary, to select regulatory                       Coast Guard will not retaliate against
                                              Drawbridge Operation Regulation;                        approaches that maximize net benefits.                small entities that question or complain
                                              Chambers Bay, Steilacoom, WA, in the                    Executive Order 13771 directs agencies                about this rule or any policy or action
                                              Federal Register (83 FR 10648). We                      to control regulatory costs through a                 of the Coast Guard.
                                              received no comments on this rule. On                   budgeting process. This rule has not
                                                                                                                                                            C. Collection of Information
                                              January 17, 2018 we published in the                    been designated a ‘‘significant
                                              Local Notice to Mariners an approved                    regulatory action,’’ under Executive                    This rule calls for no new collection
                                              temporary deviation for the subject                     Order 12866. Accordingly, it has not                  of information under the Paperwork
                                              bridge while we processed a permanent                   been reviewed by the Office of                        Reduction Act of 1995 (44 U.S.C. 3501–
                                              regulation change.                                      Management and Budget (OMB), and                      3520.).
                                                                                                      pursuant to OMB guidance, it is exempt
                                              III. Legal Authority and Need for Rule                  from the requirements of Executive                    D. Federalism and Indian Tribal
                                                                                                      Order 13771. This regulatory action                   Government
                                                The Coast Guard is issuing this rule                  determination is based on the ability                    A rule has implications for federalism
                                              under authority 33 U.S.C. 499.                          that vessels can still transit the bridge             under Executive Order 13132,
                                              Chambers Bay Bridge across Chambers                     given advanced notice.                                Federalism, if it has a substantial direct
                                              Bay, mile 0.01, near Steilacoom in                                                                            effect on the States, on the relationship
                                              Pierce County, WA, is a lift bridge and                 B. Impact on Small Entities
                                                                                                                                                            between the national government and
                                              provides a vertical clearance of 10ft in                   The Regulatory Flexibility Act of 1980             the States, or on the distribution of
                                              the closed-to-navigation position, and                  (RFA), 5 U.S.C. 601–612, as amended,                  power and responsibilities among the
                                              50ft of vertical clearance in the open-to-              requires federal agencies to consider the             various levels of government. We have
                                              navigation position (reference MHW                      potential impact of regulations on small              analyzed this rule under that Order and
                                              elevation of 12.2 feet). The subject                    entities during rulemaking. The term                  have determined that it is consistent
                                              bridge operates in accordance with 33                   ‘‘small entities’’ comprises small                    with the fundamental federalism
                                              CFR 117.5. This rule will be a specific                 businesses, not-for-profit organizations
                                                                                                                                                            principles and preemption requirements
                                              operating rule in Subpart B. This new                   that are independently owned and
                                                                                                                                                            described in Executive Order 13132.
                                              rule allows BNSF to better balance the                  operated and are not dominant in their
                                                                                                      fields, and governmental jurisdictions                   Also, this rule does not have tribal
                                              needs of marine and rail traffic, and                                                                         implications under Executive Order
                                              modifies the operating schedule by                      with populations of less than 50,000.
                                                                                                      The Coast Guard received no comments                  13175, Consultation and Coordination
                                              removing the bridge operator between                                                                          with Indian Tribal Governments,
                                              the evening hours of 10 p.m. and 6 a.m.                 from the Small Business Administration
                                                                                                      on this rule. The Coast Guard certifies               because it does not have a substantial
                                              due to minimal usage. In the last 6                                                                           direct effect on one or more Indian
                                              years, only 2% of the subject bridge lifts              under 5 U.S.C. 605(b) that this proposed
                                                                                                      rule will not have a significant                      tribes, on the relationship between the
                                              have occurred between the hours of 10                                                                         Federal Government and Indian tribes,
                                              p.m. and 6 a.m., which equates to                       economic impact on a substantial
                                                                                                      number of small entities.                             or on the distribution of power and
                                              approximately 5 openings a year.                                                                              responsibilities between the Federal
                                                                                                         While some owners or operators of
                                              IV. Discussion of Comments, Changes                     vessels intending to transit under the                Government and Indian tribes. We have
                                              and the Final Rule                                      bridge may be small entities, for the                 not received any comments for this rule
                                                                                                      reasons stated in section V.A. above,                 change.
                                                 We provided a comment period of 30                   this rule will not have a significant                 E. Unfunded Mandates Reform Act
                                              days, and no comments were received.                    economic impact on any vessel owner
                                              The current rule for the subject bridge                 or operator.                                            The Unfunded Mandates Reform Act
                                              is open on demand (33 CFR 117.5).                          Under section 213(a) of the Small                  of 1995 (2 U.S.C. 1531–1538) requires
                                              However, this rule will be a new                        Business Regulatory Enforcement                       Federal agencies to assess the effects of
                                              specific regulation in Subpart B. The                   Fairness Act of 1996 (Pub. L. 104–121),               their discretionary regulatory actions. In
                                              new rule will authorize BNSF to remove                  we want to assist small entities in                   particular, the Act addresses actions
                                              the bridge operator at the Chambers Bay                 understanding this rule. If the rule                  that may result in the expenditure by a
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                                              Bridge from 10 p.m. to 6 a.m., but the                  would affect your small business,                     State, local, or tribal government, in the
                                              draw shall open on signal if at least four              organization, or governmental                         aggregate, or by the private sector of
                                              hours of notice is given. For vessels                   jurisdiction and you have questions                   $100,000,000 (adjusted for inflation) or
                                              engaged in emergency response, the                      concerning its provisions or options for              more in any one year. Though this rule
                                              draw will be required to open as soon                   compliance, please contact the person                 will not result in such expenditure, we
                                              as possible, and no later than one hour                 listed in the FOR FURTHER INFORMATION                 do discuss the effects of this rule
                                              after notification.                                     CONTACT, above.                                       elsewhere in this preamble. We have not


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                                                                         Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations                                                                               24023

                                              received any comments for this rule                                            PART 117—DRAWBRIDGE                                                 ACTION: Notice of enforcement of
                                              change.                                                                        OPERATION REGULATIONS                                               regulation.
                                              F. Environment                                                                 ■ 1. The authority citation for part 117                            SUMMARY:   The Coast Guard will enforce
                                                                                                                             continues to read as follows:                                       safety zones regulations at various
                                                 We have analyzed this rule under
                                              Department of Homeland Security                                                  Authority: 33 U.S.C. 499; 33 CFR 1.05–1;                          locations in the Sector Columbia River
                                              Management Directive 023–01 and                                                Department of Homeland Security Delegation                          Captain of the Port zone. This action is
                                                                                                                             No. 0170.1.
                                              Commandant Instruction M16475.lD,                                                                                                                  necessary to provide for the safety of life
                                              which guides the Coast Guard in                                                ■ 2. Add § 117.1029 under the center                                on these navigable waters during
                                              complying with the National                                                    heading ‘‘Washington’’ to read as
                                                                                                                                                                                                 fireworks displays. While these safety
                                              Environmental Policy Act of 1969                                               follows:
                                                                                                                                                                                                 zone regulations are subject to
                                              (NEPA) (42 U.S.C. 4321–4370f), and                                             § 117.1029          Chambers Bay.                                   enforcement, persons and vessels are
                                              have made a determination that this                                               The draw of the Chambers Bay                                     prohibited from being in the safety zone
                                              action is one of a category of actions                                         railroad lift bridge, mile 0.01, at                                 unless authorized by the Captain of the
                                              which do not individually or                                                   Chambers Bay, shall open on signal                                  Port Sector Columbia River or a
                                              cumulatively have a significant effect on                                      except between 10 p.m. to 6 a.m. The                                designated representative.
                                              the human environment. This rule                                               draw shall open on signal from 10 p.m.
                                              simply promulgates the operating                                               to 6 a.m. when at least four hours of                               DATES: The regulations in 33 CFR
                                              regulations or procedures for                                                  notice has been given via the phone                                 165.1315 will be enforced for the safety
                                              drawbridges. This action is categorically                                      number displayed at the bridge, and as                              zones identified in the SUPPLEMENTARY
                                              excluded from further review, under                                            soon as possible, no later than 1 hour                              INFORMATION section below for the dates
                                              figure 2–1, paragraph (32)(e), of the                                          after notification, for vessels engaged in                          and times specified in this document.
                                              Instruction. A Record of Environmental                                         emergency response.                                                 FOR FURTHER INFORMATION CONTACT:    If
                                              Consideration and a Memorandum for
                                              the Record are not required for this rule.                                     David G. Throop,                                                    you have questions about this notice of
                                                                                                                             Rear Admiral, U.S. Coast Guard, Commander,                          enforcement, call or email LCDR Laura
                                              G. Protest Activities                                                          Thirteenth Coast Guard District.                                    Springer, Waterways Management
                                                                                                                             [FR Doc. 2018–11102 Filed 5–23–18; 8:45 am]                         Division, Marine Safety Unit Portland,
                                                The Coast Guard respects the First                                                                                                               Coast Guard; telephone 503–240–9319,
                                                                                                                             BILLING CODE 9110–04–P
                                              Amendment rights of protesters.
                                                                                                                                                                                                 email msupdxwwm@uscg.mil.
                                              Protesters are asked to contact the
                                              person listed in the FOR FURTHER                                               DEPARTMENT OF HOMELAND                                              SUPPLEMENTARY INFORMATION:     These
                                              INFORMATION CONTACT section to                                                 SECURITY                                                            safety zones found in 33 CFR 165.1315
                                              coordinate protest activities so that your                                                                                                         will be activated and thus subject to
                                              message can be received without                                                Coast Guard                                                         enforcement at least 1 hour before and
                                              jeopardizing the safety or security of                                                                                                             1 hour after the duration of the event
                                              people, places or vessels.                                                     33 CFR Part 165                                                     each day as listed in the following
                                              List of Subjects in 33 CFR Part 117                                            [Docket No. USCG–2018–0395]                                         Table:

                                                 Bridges.                                                                    Safety Zones; Annual Fireworks
                                                                                                                             Displays Within the Sector Columbia
                                                For the reasons discussed in the
                                                                                                                             River Captain of the Port Zone
                                              preamble, the Coast Guard amends 33
                                              CFR part 117 as follows:                                                       AGENCY:         Coast Guard, DHS.
                                                     TABLE—DATES AND DURATIONS IN 2018 FOR EVENTS LISTED IN 33 CFR 165.1315 AND THE LOCATION OF THESE
                                                                   EVENTS WITHIN THE SECTOR COLUMBIA RIVER CAPTAIN OF THE PORT ZONE
                                                                                  Event name                                                      Event location                    Date and duration of event             Latitude      Longitude
                                                                                   (typically)

                                              Portland Rose Festival Fireworks ................................................            Portland, OR ...................    May 25, 2018, 9:45 p.m. to 10 p.m ....    45°30′58″ N   122°40′12″   W
                                              Tri-City Chamber of Commerce Fireworks/River of Fire Festival                                Kennewick, WA ..............        July 4, 2018, 10 p.m. to 10:30 p.m ....   46°13′37″ N   119°08′47″   W
                                              Astoria-Warrenton 4th of July Fireworks .....................................                Astoria, OR .....................   July 4, 2018, 10 p.m. to 10:30 p.m ....   46°11′34″ N   123°49′28″   W
                                              Waterfront Blues Festival Fireworks ............................................             Portland, OR ...................    July 4, 2018, 10 p.m. to 10:30 p.m ....   45°30′42″ N   122°40′14″   W
                                              Florence Independence Day Celebration ....................................                   Florence, OR ..................     July 4, 2018, 10 p.m. to 10:30 p.m ....   43°58′09″ N   124°05′50″   W
                                              Oaks Park Association 4th of July ...............................................            Portland, OR ...................    July 4, 2018, 10 p.m. to 10:30 p.m ....   45°28′22″ N   122°39′59″   W
                                              City of Rainier/Rainier Days .........................................................       Rainier, OR .....................   July 7, 2018, 10 p.m. to 10:30 p.m ....   46°05′46″ N   122°56′18″   W
                                              Splash Aberdeen Waterfront Festival ..........................................               Aberdeen, WA ................       July 4, 2018, 10 p.m. to 10:20 p.m ....   46°58′40″ N   123°47′45″   W
                                              City of Coos Bay July 4th Celebration/Fireworks Over the Bay                                 Coos Bay, OR ................       July 4, 2018, 10 p.m. to 10:30 p.m ....   43°22′06″ N   124°12′24″   W
                                              Port of Cascade Locks 4th of July Fireworks ..............................                   Cascade Locks, OR .......           July 4, 2018, 10 p.m. to 10:30 p.m ....   45°40′15″ N   121°53′43″   W
                                              Clatskanie Heritage Days Fireworks ............................................              Clatskanie, OR ...............      July 4, 2018, 10 p.m. to 10:30 p.m ....   46°6′17″ N    123°12′02″   W
                                              Washougal 4th of July .................................................................      Washougal, WA ..............        July 4, 2018, 10 p.m. to 10:30 p.m ....   45°34′32″ N   122°22′53″   W
                                              City of St. Helens 4th of July Fireworks ......................................              St. Helens, OR ...............      July 4, 2018, 10 p.m. to 10:30 p.m ....   45°51′54″ N   122°47′26″   W
                                              Waverly Country Club 4th of July Fireworks ...............................                   Milwaukie, OR ................      July 4, 2018, 10 p.m. to 10:30 p.m ....   45°27′03″ N   122°39′18″   W
                                              Hood River 4th of July .................................................................     Hood River, OR ..............       July 4, 2018, 9:30 p.m. to 11:30 p.m      45°42′58″ N   121°30′32″   W
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                                              Winchester Bay 4th of July Fireworks .........................................               Winchester Bay, OR .......          July 4, 2018, 10 p.m. to 10:30 p.m ....   43°40′56″ N   124°11′13″   W
                                              Brookings, OR July 4th Fireworks ...............................................             Brookings, OR ................      July 4, 2018, 10:15 p.m. to 10:40 p.m     42°02′39″ N   124°16′14″   W
                                              Yachats 4th of July ......................................................................   Yachats, OR ...................     July 4, 2018, 10 p.m. to 10:30 p.m ....   44°18′38″ N   124°06′27″   W
                                              Lincoln City 4th of July .................................................................   Lincoln City, OR .............      July 4, 2018, 10 p.m. to 10:30 p.m ....   44°55′28″ N   124°01′31″   W
                                              July 4th Party at the Port of Gold Beach .....................................               Gold Beach, OR .............        July 4, 2018, 10 p.m. to 10:30 p.m ....   42°25′30″ N   124°25′03″   W
                                              Huntington 4th of July ..................................................................    Huntington, OR ...............      July 4, 2018, 10 p.m. to 10:30 p.m ....   44°18′02″ N   117°13′33″   W
                                              Toledo Summer Festival ..............................................................        Toledo, OR .....................    July 14, 2018, 10 p.m. to 10:30 p.m ..    44°37′08″ N   123°56′24″   W
                                              Port Orford 4th of July .................................................................    Port Orford, OR ..............      July 4, 2018 10 p.m. to 10:30 p.m. ....   42°44′31″ N   124°29′30″   W
                                              Roseburg Hometown 4th of July .................................................              Roseburg, OR ................       July 4, 2018, 10 p.m. to 10:30 p.m ....   43°12′58″ N   123°22′10″   W



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Document Created: 2018-05-24 00:05:21
Document Modified: 2018-05-24 00:05:21
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 June 25, 2018.
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 Citation83 FR 24021 
RIN Number1625-AA09

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