[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Proposed Rules]
[Pages 69576-69579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28130]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0911]
RIN 1625-AA09
Drawbridge Operation Regulation; Thea Foss Waterway Previously
Known as City Waterway, Tacoma, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Murray Morgan Bridge, also known as the South 11th Street
Bridge, across Thea Foss Waterway, mile 0.6, previously known as City
Waterway, at Tacoma, WA. This proposed rule would allow more efficient
staffing of the bridge operating crew by requiring advance notification
for bridge openings during designated hours. This proposed rule will
also remove existing authorized closure periods for the bridge to
better reflect present day transportation needs. Lastly, this proposed
change will update contact information for requesting emergency bridge
openings.
DATES: Comments and related material must reach the Coast Guard on or
before January 4, 2013.
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 or submitting material to the docket,
call Renee V.
[[Page 69577]]
Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
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 ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2012-0911'' in the ``Keyword''
box. Click ``Search'' 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\1/2\ 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,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0911'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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 on or before December 20, 2012, using one of the four
methods specified under ADDRESSES. Please explain why one would be
beneficial. If we determine that a public meeting would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
B. Regulatory History and Information
Presently the bridge operates under 33 CFR 117.1061 which requires
a two hour notice for an opening and allows the bridge to not open
during morning and afternoon rush hours. This proposed rule will
eliminate the authorized closure during the morning and afternoon rush
hour and it will add an additional advance notification for bridge
openings between 10 p.m. and 8 a.m. Waterway users and Marine
Facilities in the vicinity of the bridge have received direct email
correspondence to inform them of the proposed rule. Additionally the
Coast Guard has issued a temporary deviation to test the proposed rule
and to gather comments or concerns about the proposed rule. The
temporary test deviation may be found online at http://www.regulations.gov, under docket number USCG-2012-0911.
C. 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 proposed change will allow the City of
Tacoma to staff the bridge operating crew more efficiently and will
better accommodate present day transportation needs. This proposed
change will also update contact information needed to request emergency
openings of the bridge.
D. Discussion of Proposed Rule
Three amendments to the existing operating regulation are being
proposed for the Murray Morgan Bridge. The first proposed amendment
would require that for bridge openings 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 amendment for
notification by 8 p.m. for openings between 10 p.m. and 8 a.m. is being
proposed 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 amendment proposed to the regulation is to remove the
authorized morning and afternoon bridge closure periods. 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 proposed change would require 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
[[Page 69578]]
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 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 proposed amendment to the existing regulation 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 proposed change would state notification for
emergency opening would 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.
To help evaluate these proposed changes the Coast Guard has issued a
Temporary Deviation from the operating schedule that governs the Murray
Morgan Bridge. The Temporary Deviation mirrors the regulation changes
proposed in this document. Comments may be submitted for the Temporary
Deviation following the same procedure as outlined in the ``Public
Participation and Request for Comments'' portion of the SUPPLEMENTARY
INFORMATION section of this notice.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
We expect the economic impact of this proposed rule to be
insignificant and therefore a full Regulatory Evaluation is
unnecessary. Very few vessels will be impacted because all requested
bridge openings will be granted with advance notification.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. 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. This action will not have a significant economic impact
on a substantial number of small entities because it does not authorize
closure periods for the bridge. Additionally, because the bridge
provides 60 feet of vertical clearance when it is in the closed
position only a very few numbers of vessels using the waterway require
a bridge opening to transit the area. The vessels that require a bridge
opening are primarily privately owned tall mast sailboats moored in
close proximity of the bridge. Vessels which do require an opening will
be granted an opening without delay when appropriate notification is
given.
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.
3. Assistance for Small Entities
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.
4. 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.).
5. Federalism
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 proposed rule under that Order and
have determined that it does not have implications for federalism.
6. 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.
7. 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 an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
[[Page 69579]]
11. Indian Tribal Governments
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 power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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
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. This rule is
categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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
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.
2. Amend Sec. 117.1061 to revise paragraph (b) to read as follows:
Sec. 117.1061 Tacoma Harbor.
* * * * *
(b) 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.
Dated: November 2, 2012.
K.A. Taylor,
Rear Admiral, U. S. Coast Guard Commander, Thirteenth Coast Guard
District.
[FR Doc. 2012-28130 Filed 11-19-12; 8:45 am]
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