[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Rules and Regulations]
[Pages 51766-51767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24292]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0976]
RIN 1625-AA09
Drawbridge Operation Regulation; Lake Washington, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Evergreen Point Floating Bridge (SR-520 Floating
Bridge) across Lake Washington, mile 4.3, at Seattle, WA. The
drawbridge was replaced with a fixed bridge in 2016, and the operating
regulation is no longer applicable or necessary. The SR-520 Floating
Bridge was rebuilt, and the center span was built with a fixed span
that replaced the draw.
DATES: This rule is effective November 8, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0976. 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 Mr. Steven Fischer, Bridge Administrator, Thirteenth
Coast Guard District; 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
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that notice
and comment procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds
that good cause exists for not publishing a notice of proposed
rulemaking (NPRM) because the Evergreen Point Floating Bridge (SR-520
Floating Bridge), that once required draw operations in 33 CFR
117.1049, was removed from Lake Washington and replaced with a fixed
bridge in 2016. Therefore, the regulation is no longer applicable and
needs to be removed. It is unnecessary to publish a NPRM because
drawbridge regulations are only used for bridges that have an
operational span that is intended to be opened for the passage of
waterway traffic. The Evergreen Point Floating Bridge identified in 33
CFR 117.1049 no longer exists and has been replaced by a bridge without
an operational span.
For the same reasons stated in the preceding paragraph, under 5
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making this rule effective in less than 30 days after publication in
the Federal Register. The bridge at issue no longer has an operational
span and therefore has no need of a drawbridge regulation. The removal
of the regulation will not affect mariners currently operating on this
waterway. Therefore, a delayed effective date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Evergreen Point Floating Bridge (SR-520 Floating Bridge) was
removed and replaced with a fixed bridge in 2016. The elimination of
this drawbridge necessitates the removal of the drawbridge operation
regulation (33 CFR 117.1049) that pertains to the former drawbridge.
The purpose of this rule is to remove the section of 33 CFR 117.1049
that refers to the Evergreen Point Floating Bridge at mile 4.3 from the
Code of Federal Regulations, because the bridge at that location is no
longer has an operational span.
IV. Discussion of Final Rule
The Coast Guard is changing the regulation in 33 CFR 117.1049 by
removing restrictions and the regulatory burden related to the draw
operations for this bridge that is no longer a drawbridge. The change
removes the regulation governing the Evergreen Point Floating Bridge
since the bridge has been replaced with a fixed bridge. This final rule
will update the Code of Federal Regulations by removing language that
governs the operation of the Evergreen Point Floating Bridge, which in
fact is no longer a drawbridge. This change does not affect waterway or
land traffic.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders.
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. See OMB's Memorandum
``Guidance Implementing Executive Order 13771, Titled `Reducing
[[Page 51767]]
Regulation and Controlling Regulatory Costs''' (April 5, 2017).
As previously explained, the Evergreen Point Floating Bridge was
removed from Lake Washington and replaced with a fixed bridge in 2016
and no longer operates as a drawbridge. The removal of the operating
schedule from 33 CFR part 117, subpart B, will have no effect on the
movement of waterway or land traffic, but will serve to remove an
outdated and obsolete provision from the CFR.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
For the reasons stated in section IV.A above this final rule would
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.
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.
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.
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; and Department of
Homeland Security Delegation No. 0170.1.
Sec. 117.1049 [Removed]
0
2. Remove Sec. 117.1049.
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2017-24292 Filed 11-7-17; 8:45 am]
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