[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Rules and Regulations]
[Pages 69562-69564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28129]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0911]


Drawbridge Operation Regulation; Thea Foss Waterway Previously 
Known as City Waterway, Tacoma, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

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SUMMARY: The Coast Guard has issued a temporary deviation from the 
operating schedule that governs the Murray Morgan Bridge, also known as 
the South 11th Street Bridge, across the Thea Foss Waterway, mile 0.6, 
previously known as City Waterway, at Tacoma, WA. This deviation will 
test a change to the drawbridge operating schedule to determine whether 
a permanent change to the schedule is needed. This test deviation will 
modify the existing regulation and add an advance notification 
requirement for obtaining bridge openings during designated times. The 
Coast Guard has also published a notice of proposed rulemaking (NPRM) 
under docket number USCG-2012-0911 to which comments may be posted

[[Page 69563]]


DATES: This deviation is effective from 7 a.m. on January 1, 2013 
through 8 a.m. June 15, 2013. Comments and related material must reach 
the Coast Guard on or before [Insert date 45 days after date of 
publication in the Federal Register].

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0911 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email the Bridge Administrator, Coast Guard Thirteenth 
District; telephone 206-220-7282 email [email protected]. If 
you have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0911), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Keyword'' box insert ``USCG-2012-0911,'' 
click ``Search,'' and then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8[frac12] by 
11 inches, suitable for copying and electronic filing. If you submit 
them by mail and would like to know that they reached the Facility, 
please enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number ``USCG-2012-0911'' in the ``Search'' box and 
click ``Search.'' Click the ``Open Docket Folder'' on the line 
associated with this rulemaking. You may also visit the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. We have an agreement with the Department of 
Transportation to use the Docket Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The Coast Guard, at the request of the City of Tacoma, proposes to 
change the regulation which governs the operating schedule of the 
Murray Morgan Bridge. This temporary deviation will test three separate 
changes requested by the City of Tacoma.
    The first change requires that for bridge openings needed between 
10 p.m. and 8 a.m., notification be made no later than 8 p.m. prior to 
the desired opening. This differs from the existing regulation in that 
presently the bridge is required to open at all times (except during 
authorized closure periods) provided two hours advance notice is given. 
This deviation to the regulation which adds the requirement of 
notification by 8 p.m. for openings between 10 p.m. and 8 a.m. is being 
tested because openings between 10 p.m. and 8 a.m. are extremely rare. 
Over an 18 month period there were only 6 bridge openings requested 
between 10 p.m. and 8 a.m. which averages one bridge opening request 
per three month period. One of the unique features of the Murray Morgan 
Bridge is its height above the waterway providing 60 feet of clearance 
at mean high water (MHW) in the closed position. Because of this 
vertical clearance the overwhelming majority of vessels which transit 
this waterway do not require a bridge opening. The majority of bridge 
openings are for locally moored and operated recreational sailboats 
with mast heights over 60 feet. Almost all of these vessels are moored 
at marinas in very close proximity of the bridge.
    The second change being tested in this deviation is removing the 
authorized bridge closure periods in the morning and afternoon. The 
current regulation states that the draw need not be opened from 6:30 
a.m. to 8:30 a.m. and 3:30 p.m. to 5:30 p.m. Monday through Friday, for 
vessels of less than 1,000 gross tons. This test deviation requires the 
draw to open at all times with proper advance notification. The morning 
and afternoon authorized closures of the bridge outlined in the 
existing regulation were put into place when the bridge was part of SR 
509, a continuous route from Northeast Tacoma to downtown, and traffic 
volumes were approximately 15,000 vehicles per day. In 1997 a new SR 
509 was constructed approximately 0.7 miles south of the bridge and is 
now used as the main traffic corridor. After

[[Page 69564]]

completion of the new SR 509, the Murray Morgan Bridge connection 
between Northeast Tacoma and downtown was severed due to roadway 
reconfiguration, resulting in traffic volumes dropping dramatically; 
therefore, the bridge no longer conveys high volumes of traffic during 
the morning and afternoon rush hours.
    The third change being tested in this deviation is principally 
administrative and changes the contact information for emergency bridge 
openings. The existing regulation states ``In emergencies, openings 
shall be made as soon as possible upon notification to the Washington 
State Department of Transportation.'' The change being tested in this 
deviation requires notification for emergency opening to be made to the 
City of Tacoma. The reason for this change is because Washington State 
turned over ownership and responsibility of the bridge to the City of 
Tacoma on January 6, 1998.
    Under this temporary deviation the bridge will operate as follows. 
The draw of the Murray Morgan Bridge, also known as the South 11th 
Street Bridge, across Thea Foss Waterway, previously known as City 
Waterway, mile 0.6, at Tacoma, shall open on signal if at least two 
hours notice is given. However, to obtain a bridge opening between 10 
p.m. and 8 a.m. notification must be made to the City of Tacoma by 8 
p.m. In emergencies, openings shall be made as soon as possible upon 
notification to the City of Tacoma. The Murray Morgan Bridge is a 
vertical lift bridge which provides a vertical clearance of 60 feet 
above mean high water. Vessels which do not require a bridge opening 
may continue to transit beneath the bridge at any time.
    The Coast Guard has issued a Notice of Proposed Rule Making (NPRM) 
under docket number USCG-2012-0911 to receive comments on these 
changes. Comments can be submitted for this deviation or for the NPRM 
by following procedures outlined in the SUBMITTING COMMENTS section 
above.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the designated 
time period. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.

    Dated: October 2, 2012.
Randall D. Overton,
Bridge Administrator.
[FR Doc. 2012-28129 Filed 11-19-12; 8:45 am]
BILLING CODE 9110-04-P