[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Rules and Regulations]
[Pages 81184-81186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32737]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2015-0285]
RIN 1625-AA09
Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the South Park Highway Bridge, on the Duwamish Waterway, mile
3.8, at Seattle, WA. This modification revises closure hours for the
South Park Highway Bridge. This action improves movement of rush hour
highway traffic while having minimal impact to maritime waterway
traffic.
DATES: This rule is effective January 28, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0285 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
[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
SNPRM Supplementary notice of proposed rulemaking
Sec. Section
WSDOT Washington State Department of Transportation
II. Background Information and Regulatory History
On May 14, 2015, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Drawbridge Operations: Duwamish Waterway,
Seattle, WA'' in the Federal Register (80 FR 27619). We received one
comment on the rule. No public meeting was requested, and none was
held.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C 499.
The South Park Highway Bridge is a double bascule leaf drawbridge, and
provides 34.8 feet of vertical clearance at center span while in the
closed position, 30 feet of vertical clearance at the extreme east and
west ends of the navigable channel, and unlimited vertical clearance in
the fully open position. Vertical clearances are referenced to mean
high-water elevation (MHW). Horizontal clearance is 128 feet. The South
Park Highway Bridge is subject to tidal influence, and has at least 15
feet of water depth at the bridge site at mean lower low water.
The drawbridge operating regulations at 33 CFR 117.1041(a) (2)
currently states that the South Park Highway Bridge need not be opened
for the passage of vessels from 6:30 a.m. to 8:00 a.m. and 3:30 p.m. to
5 p.m., Monday through Friday, except Federal holidays.
The current drawbridge operating regulation was written to
accommodate commuter patterns associated with morning and afternoon
highway traffic associated with Boeing Plant number 2 shift changes. As
of 2011, this plant is no longer operational and therefore highway
traffic densities have changed. King County owns and operates the South
Park Highway Bridge, and requested a permanent change to the existing
operating regulation. The rule modification will update drawbridge
closure times to better meet current highway traffic demands. Modifying
the existing drawbridge regulation will better meet the needs of
current highway users, and current commuter traffic patterns, while
meeting reasonable needs to maritime navigation. This modification
improves movement of rush hour highway traffic while having minimal
impact to maritime waterway traffic.
Vessel traffic on the Duwamish waterway consists of vessels ranging
from small pleasure craft, sailboats, small tribal fishing boats, and
commercial tug and tow, and mega yachts.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard received one comment on the proposed operating
schedule change from Delta Marine Industries. The rule change to the
existing South Park Highway Bridge operating regulation would represent
a restriction on navigation related to Delta Marine Industries'
business. Currently, the closure hours of the 1st Avenue South Bridge
(6:00-9:00 a.m. and 3:00-6:00 p.m., the same hours as now proposed for
the South Park Highway Bridge) are the limiting factor for access of
large vessels between Delta Marine Industries and Elliott Bay. With the
change to the closure hours for the South Park Highway Bridge, vessels
arriving and departing Delta Marine Industries would be delayed/
impacted based on a half hour transit time between South Park Highway
Bridge and 1st Avenue South Bridge.
Delta Marine Industries agrees with the concept of modifying the
closure hours for the South Park Highway Bridge in a way that reflects
current usage. However, Delta Marine Industries believes that matching
the closure hours for the South Park Highway Bridge to those of the 1st
Avenue South Bridge does not accommodate the needs of maritime users.
Delta Marine Industries proposed revising the closure hours for the
South Park Highway Bridge to 6:30-8:30 a.m. and 3:30-5:30 p.m., Monday
through Friday except Federal holidays. King County agreed with Delta
Marine Industries' proposal.
Therefore, the Coast Guard is modifying the drawbridge operating
regulations at 33 CFR 117.1041(a) (2). The Coast Guard amends the
opening schedule such that the bridge need not be opened for the
passage of vessels from 6:30 a.m. to 8:30 a.m. and 3:30 p.m. to 5:30
p.m., Monday through Friday, except Federal holidays other
[[Page 81185]]
than Columbus Day. This amendment will increase efficiency for current
highway traffic demands in light of changed traffic patterns and ensure
minimal impact to maritime waterway traffic. All other requirements
regarding the South Park Bridge under 33 CFR 117.1041 will remain the
same.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on these statutes or E.O.s. and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This regulatory action determination is based on the fact that the
change will add thirty minutes to each closure period for the
drawbridge, minimally impacting vessels transiting the waterway. The
change does not otherwise significantly alter the duration and time
frame of the current closure schedule.
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 rule will 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 this rule will be in
effect twice a day for a total of four hours when vehicle traffic is
high. Vessels that can safely transit under the bridge may do so at any
time.
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 will 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 E.O. 13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32) (e), of the
Instruction.
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.
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. Revise Sec. 117.1041(a)(2) to read as follows:
Sec. 117.1041 Drawbridge Operation Regulation; Duwamish River;
Seattle WA
(a) * * *
(2) The draw of the South Park Bridge, mile 3.8, need not be opened
for the
[[Page 81186]]
passage of vessels from 6:30 a.m. to 8:30 a.m. and from 3:30 p.m. to
5:30 p.m., Monday through Friday except, Federal holidays, other than
Columbus Day.
* * * * *
Dated: December 14, 2015.
R.T. Gromlich,
Rear Admiral, U. S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2015-32737 Filed 12-28-15; 8:45 am]
BILLING CODE 9110-04-P