Drawbridge Operation Regulation; Thea Foss Waterway Previously Known as City Waterway, Tacoma, WA, 31412-31414 [2013-12393]

Download as PDF 31412 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations TABLE 2 TO § 165.151—Continued [June, July & August] • Location: All navigable waters of the Great South Bay within a three miles long and half mile wide box connecting Snedecor Avenue in Bayport, NY to Porgie Walk in Fire Island, NY. Formed by connecting the following points. Beginning at 40°43′40.24″ N, 073°03′41.50″ W; then to 40°43′40.00″ N, 073°03′13.40″ W; then to 40°40′04.13 N, 073°03′43.81″ W; then to 40°40′08.30″ N, 073°03′17.70″ W; and ending at the beginning point 40°43′40.24″ N, 073°03′41.5″ W (NAD 83). 1.6 Swim Across America Greenwich ................................................... 1.7 US Coast Guard Triathlon Swim ..................................................... Dated: May 14, 2013. J. M. Vojvodich, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. removes previously authorized closure periods for the bridge to better reflect present day transportation needs. Lastly, this rule updates contact information for requesting emergency bridge openings. DATES: This rule is effective June 24, 2013. [FR Doc. 2013–12392 Filed 5–23–13; 8:45 am] BILLING CODE 9110–04–P 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 Coast Guard, DHS. ACTION: Final rule. AGENCY: The Coast Guard is modifying 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 modified rule allows more efficient staffing of the bridge operating crew by requiring advance notification for bridge openings during designated hours. This rule also mstockstill on DSK4VPTVN1PROD with RULES VerDate Mar<15>2010 17:44 May 23, 2013 Jkt 229001 Documents mentioned in this preamble are part of docket USCG– 2012–0911. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Randall Overton, Bridge Administrator, Coast Guard Thirteenth District; telephone (206) 220–7282, email Randall.D.Overton@uscg.mil. If you have questions on viewing the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. ADDRESSES: DEPARTMENT OF HOMELAND SECURITY SUMMARY: • Date: A single day during June. • Time: 5:30 a.m. until noon. • Location: All navigable waters of Stamford Harbor within a half miles long and 1000 foot wide polygon shaped box stretching from Dolphin Cove to Rocky Point between Stamford and Greenwich, CT. Formed by connecting the following points. Beginning at point (A) 41°01′32.03″ N, 073°33′8.93″ W, then south east to point (B) 41°01′15.01″ N, 073°32′55.58″ W; then south west to point (c) 41°00′49.25N, 073°33′20.36″ W; then north west to point (D) 41°00′58.00″ N, 073°33′27.00″ W, then north east to point (E) 41°01′15.80″ N, 073°33′09.85″ W, then heading north and ending at point (A)(NAD 83). • Date: A single day during August. • Location: All navigable waters of the Thames River, New London Harbor off Fort Trumbull State Park around a half mile long course that is west of the Federal navigation channel in New London, CT. Formed by connecting the following points. Beginning at point (A) 41°20′40.03″ N, 072°05′32.15″ W; then east to point (B) 41°20′40.08″ N, 072°05′22.03″ W, then north to point (C) 41°20′48.29N, 072°05′23.19″ W; then north west to point (D) 41°20′50.84″ N, 072°05′29.29″ W, then south west to end point (E) 41°20′46.41″ N, 072°05′35.77″ W, (NAD 83). PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 SUPPLEMENTARY INFORMATION: Table of Acronyms CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking § Section Symbol U.S.C. United States Code A. Regulatory History and Information On November 20, 2012 the Coast Guard published a notice of proposed rulemaking (NPRM) entitled, ‘‘Drawbridge Operation Regulation; Thea Foss Waterway previously known as City Waterway, Tacoma, WA’’ in the Federal Register (77 FR 69576). The Coast Guard received no comments on the proposed rule. No public meeting was requested, and none was held. B. Basis and Purpose The Murray Morgan Bridge, also known as the South 11th Street Bridge crosses the Thea Foss Waterway at mile 0.6 Tacoma, WA. The Thea Foss Waterway was previously known as City Waterway. The Murray Morgan is a vertical lift bridge which provides 60 feet of vertical clearance at mean high water (MHW) while in the closed position and 135 feet of vertical clearance in the open position. The bridge is currently operated in accordance with 33 CFR § 117.1061, E:\FR\FM\24MYR1.SGM 24MYR1 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES which 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 less than 1,000 gross tons. The City of Tacoma requested the current operating regulation for the Murray Morgan Bridge be modified to address changes in maritime and terrestrial transportation usage. The modifications to the operating schedule for the Murray Morgan Bridge outlined in this Final Rule will allow the City of Tacoma to staff the bridge operating crew more efficiently and better accommodate present day and reasonably foreseeable transportation needs. This modification also updates contact information needed to request emergency openings of the bridge. C. Discussion of Comments, Changes and the Final Rule The Coast Guard provided a 45-day comment period and no comments were received. This Final Rule modifies the operating regulation for the Murray Morgan Bridge with three amendments. The first amendment requires 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 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. 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 to the regulation removes 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 modification to the operating schedule requires the draw to open at all times with two hours advance VerDate Mar<15>2010 17:44 May 23, 2013 Jkt 229001 notification, except as stated in the first amendment above. The morning and afternoon authorized bridge closures 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 completion of the new SR 509, the Murray Morgan Bridge connection between Northeast Tacoma and downtown was severed due to roadway reconfiguration, resulting in a dramatic decrease of traffic volumes. The third 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.’’ This modification states notification for emergency openings would be made to the City of Tacoma. The reason for this change is because Washington State gave ownership and responsibility of the bridge to the City of Tacoma on January 6, 1998. D. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders. 1. Regulatory Planning and Review This 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. The Coast Guard bases this finding on the fact that very few vessels will be impacted because all requested bridge openings will be granted with the requisite advance notification. 2. 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 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 31413 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 it does not authorize closure periods for the bridge, only advance notification requirements. 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. Vessels which do require an opening will be granted an opening without delay when appropriate notification is given. 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 rule. If the rule affects 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. 4. 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). 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 E:\FR\FM\24MYR1.SGM 24MYR1 31414 Federal Register / Vol. 78, No. 101 / Friday, May 24, 2013 / Rules and Regulations 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 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 rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will 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 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. We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that might disproportionately affect children. mstockstill on DSK4VPTVN1PROD with RULES 13. Technical Standards This 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 concluded that this action is one of a category of actions that 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 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. 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 1. The authority citation for part 117 continues to read as follows: 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 Jkt 229001 Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. In § 117.1061, revise paragraph (b) to read as follows: ■ § 117.1061 Tacoma Harbor. * 11. Indian Tribal Governments 17:44 May 23, 2013 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. ■ 10. Protection of Children VerDate Mar<15>2010 responsibilities between the Federal Government and Indian tribes. * * * * (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 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 emergencies, openings shall be made as soon as possible upon notification to the City of Tacoma. Dated: May 14, 2013. K. A. Taylor, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. [FR Doc. 2013–12393 Filed 5–23–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2013–0117] Drawbridge Operation Regulation; China Basin, San Francisco, CA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Third Street Drawbridge across the China Basin, mile 0.0, at San Francisco, CA. The deviation is necessary to allow the public to cross the bridge to participate in the scheduled San Francisco Marathon, a community event. This deviation allows the bridge to remain in the closed-tonavigation position during the deviation period. DATES: This deviation is effective from 6 a.m. to 1:30 p.m. on June 16, 2013. ADDRESSES: The docket for this deviation, [USCG–2013–0117], is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510– 437–3516, email David.H.Sulouff@uscg.mil. If you have questions on viewing the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: The City of San Francisco requested a temporary SUMMARY: E:\FR\FM\24MYR1.SGM 24MYR1

Agencies

[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Rules and Regulations]
[Pages 31412-31414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12393]


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

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: Final rule.

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

SUMMARY: The Coast Guard is modifying 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 modified rule allows more efficient 
staffing of the bridge operating crew by requiring advance notification 
for bridge openings during designated hours. This rule also removes 
previously authorized closure periods for the bridge to better reflect 
present day transportation needs. Lastly, this rule updates contact 
information for requesting emergency bridge openings.

DATES: This rule is effective June 24, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0911. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Randall Overton, Bridge Administrator, Coast Guard 
Thirteenth District; telephone (206) 220-7282, email 
Randall.D.Overton@uscg.mil. If you have questions on viewing the 
docket, call Barbara Hairston, 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. Regulatory History and Information

    On November 20, 2012 the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled, ``Drawbridge Operation Regulation; Thea 
Foss Waterway previously known as City Waterway, Tacoma, WA'' in the 
Federal Register (77 FR 69576). The Coast Guard received no comments on 
the proposed rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    The Murray Morgan Bridge, also known as the South 11th Street 
Bridge crosses the Thea Foss Waterway at mile 0.6 Tacoma, WA. The Thea 
Foss Waterway was previously known as City Waterway. The Murray Morgan 
is a vertical lift bridge which provides 60 feet of vertical clearance 
at mean high water (MHW) while in the closed position and 135 feet of 
vertical clearance in the open position. The bridge is currently 
operated in accordance with 33 CFR Sec.  117.1061,

[[Page 31413]]

which 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 less 
than 1,000 gross tons.
    The City of Tacoma requested the current operating regulation for 
the Murray Morgan Bridge be modified to address changes in maritime and 
terrestrial transportation usage. The modifications to the operating 
schedule for the Murray Morgan Bridge outlined in this Final Rule will 
allow the City of Tacoma to staff the bridge operating crew more 
efficiently and better accommodate present day and reasonably 
foreseeable transportation needs. This modification also updates 
contact information needed to request emergency openings of the bridge.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a 45-day comment period and no comments 
were received.
    This Final Rule modifies the operating regulation for the Murray 
Morgan Bridge with three amendments. The first amendment requires 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 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. 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 to the regulation removes 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 modification to the operating schedule requires 
the draw to open at all times with two hours advance notification, 
except as stated in the first amendment above. The morning and 
afternoon authorized bridge closures 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 completion of the new SR 509, the 
Murray Morgan Bridge connection between Northeast Tacoma and downtown 
was severed due to roadway reconfiguration, resulting in a dramatic 
decrease of traffic volumes.
    The third 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.'' This modification states notification for emergency 
openings would be made to the City of Tacoma. The reason for this 
change is because Washington State gave ownership and responsibility of 
the bridge to the City of Tacoma on January 6, 1998.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes or executive orders.

1. Regulatory Planning and Review

    This 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. The Coast Guard bases this 
finding on the fact that very few vessels will be impacted because all 
requested bridge openings will be granted with the requisite advance 
notification.

2. 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 it does not authorize closure periods for the bridge, only 
advance notification requirements. 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. Vessels which do require an 
opening will be granted an opening without delay when appropriate 
notification is given.

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 rule. If the rule affects 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.

4. 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).

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

[[Page 31414]]

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 
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 rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This 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 concluded 
that this action is one of a category of actions that 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 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.

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. In Sec.  117.1061, 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: May 14, 2013.
K. A. Taylor,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2013-12393 Filed 5-23-13; 8:45 am]
BILLING CODE 9110-04-P