Drawbridge Operation Regulation; City Waterway Also Known as Thea Foss Waterway, Tacoma, WA, 33971-33972 [2013-13424]
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Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
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 may
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.
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14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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 involves the
establishment of a special local
regulation issued in conjunction with a
regatta or marine parade. This rule is
categorically excluded from further
review under paragraph 34(h) and 35(b)
of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
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15:07 Jun 05, 2013
Jkt 229001
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233
2. Add a temporary § 100.35T07–0250
to read as follows:
■
§ 100.35T07–0250 Special Local
Regulations; Daytona Beach Grand Prix of
the Sea, Atlantic Ocean; Daytona Beach, FL.
(a) Regulated Areas. The following
regulated areas are established. All
coordinates are North American Datum
1983.
(1) Race Area. All waters of the
Atlantic Ocean located east of Daytona
Beach encompassed within an
imaginary line connecting the following
points: starting at Point 1 in position
29°14′60″ N, 81°00′77″ W; thence east to
Point 2 in position 29°14′78″ N,
80°59′80″ W; thence south to Point 3 in
position 28°13′86″ N, 80°59′76″ W;
thence west to Point 4 in position
29°13′68″ N, 81°00′28″ W; thence north
back to origin.
(2) Buffer Zone. All waters of the
Atlantic Ocean located east of Daytona
Beach, excluding the race area, and
encompassed within an imaginary line
connecting the following points: starting
at Point 1 in position 29°14′54″ N,
80°00′77″ W; thence east to Point 2 in
position 29°14′72″ N, 81°00′23″ W;
thence south to Point 3 in position
29°13′91″ N, 80°59′84″ W; thence west
to Point 4 in position 29°13′70″ N,
81°00′34″ W; thence north back to
origin.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Jacksonville in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
33971
remaining within Race Area unless an
authorized race participant.
(2) All persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within Buffer Zone except for those
vessels enforcing the buffer zone or
authorized race participants transiting
to the race area.
(3) Vessels that are neither
participating in the race nor enforcing
the buffer zone are prohibited from
entering the regulated areas unless
authorized by the Captain of the Port
Jacksonville or a designated
representative.
(4) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated areas may
contact the Captain of the Port
Jacksonville by telephone at (904) 564–
7513, or a designated representative via
VHF radio on channel 16, to request
authorization. If authorization to enter,
transit through, anchor in, or remain
within the regulated areas is granted by
the Captain of the Port Jacksonville or
a designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port Jacksonville or
a designated representative.
(5) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement Date. This rule will
be enforced from 9 a.m. until 4 p.m.
daily on June 14 to 16, 2013.
Dated: May 24, 2013.
T.G. Allan, Jr.,
Captain, U. S. Coast Guard, Captain of the
Port Jacksonville.
[FR Doc. 2013–13423 Filed 6–5–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0911]
Drawbridge Operation Regulation; City
Waterway Also Known as Thea Foss
Waterway, Tacoma, WA
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 South 11th
Street (‘‘Murray Morgan’’) Bridge across
the City Waterway also known as the
SUMMARY:
E:\FR\FM\06JNR1.SGM
06JNR1
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33972
Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
Thea Foss Waterway, mile 0.6, at
Tacoma, WA. The current test deviation
will expire 8 a.m. June 15, 2013. This
deviation is necessary to continue with
the current operating schedule until the
final rulemaking changes permanently
go into effect.
DATES: This deviation is effective from
8 a.m. on June 15, 2013 to 8 a.m. June
30, 2013.
ADDRESSES: The docket for this
deviation, [USCG–2012–0911] is
available at https://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 Lieutenant
Commander Steven Fischer, Bridge
Specialist, Coast Guard Thirteenth
District; telephone 206–220–7277, email
Steven.M.Fischer2@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY 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). This
NPRM proposed three changes to the
operating schedule 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.
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. 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
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15:07 Jun 05, 2013
Jkt 229001
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 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 change 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
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 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 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.
In conjunction with the NPRM
published on November 20, 2012, the
Coast Guard published a temporary
deviation from regulations entitled,
‘‘Drawbridge Operation Regulation;
Thea Foss Waterway previously known
as City Waterway, Tacoma, WA’’ in the
Federal Register (77 FR 69562) to test
the operating schedule under the
proposed regulations. Under this
temporary deviation the bridge operates
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
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
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 (MHW) while in
the closed position and 135 feet of
vertical clearance in the open position.
Vessels which do not require a bridge
opening may continue to transit beneath
the bridge at any time.
This test deviation is set to expire at
8 a.m. June 15, 2013. However, the final
rule which will make these changes to
the operating schedule permanent will
not be effective by the date in which the
test deviation expires. Therefore, to
maintain safe and efficient transit
through the bridge, the Coast Guard has
issued a temporary deviation from
regulations to continue the current
operating schedule as laid out above
until June 30, 2013. The Coast Guard
will also inform the users of the
waterways through our Local and
Broadcast Notices to Mariners of the
closure periods for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
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: May 23, 2013.
Daryl R. Peloquin,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2013–13424 Filed 6–5–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0358]
RIN 1625–AA00
Safety Zone; RXR Sea Faire
Celebration Fireworks, Glen Cove, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of Long Island
SUMMARY:
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Rules and Regulations]
[Pages 33971-33972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13424]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0911]
Drawbridge Operation Regulation; City Waterway Also Known as Thea
Foss Waterway, Tacoma, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of deviation from drawbridge regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the South 11th Street (``Murray
Morgan'') Bridge across the City Waterway also known as the
[[Page 33972]]
Thea Foss Waterway, mile 0.6, at Tacoma, WA. The current test deviation
will expire 8 a.m. June 15, 2013. This deviation is necessary to
continue with the current operating schedule until the final rulemaking
changes permanently go into effect.
DATES: This deviation is effective from 8 a.m. on June 15, 2013 to 8
a.m. June 30, 2013.
ADDRESSES: The docket for this deviation, [USCG-2012-0911] is available
at https://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 Lieutenant Commander Steven Fischer,
Bridge Specialist, Coast Guard Thirteenth District; telephone 206-220-
7277, email Steven.M.Fischer2@uscg.mil. If you have questions on
viewing the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY 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). This NPRM
proposed three changes to the operating schedule 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.
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.
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 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 change 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
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 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 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.
In conjunction with the NPRM published on November 20, 2012, the
Coast Guard published a temporary deviation from regulations entitled,
``Drawbridge Operation Regulation; Thea Foss Waterway previously known
as City Waterway, Tacoma, WA'' in the Federal Register (77 FR 69562) to
test the operating schedule under the proposed regulations. Under this
temporary deviation the bridge operates 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 (MHW) while in the closed position and 135 feet
of vertical clearance in the open position. Vessels which do not
require a bridge opening may continue to transit beneath the bridge at
any time.
This test deviation is set to expire at 8 a.m. June 15, 2013.
However, the final rule which will make these changes to the operating
schedule permanent will not be effective by the date in which the test
deviation expires. Therefore, to maintain safe and efficient transit
through the bridge, the Coast Guard has issued a temporary deviation
from regulations to continue the current operating schedule as laid out
above until June 30, 2013. The Coast Guard will also inform the users
of the waterways through our Local and Broadcast Notices to Mariners of
the closure periods for the bridge so that vessels can arrange their
transits to minimize any impact caused by the temporary deviation.
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: May 23, 2013.
Daryl R. Peloquin,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2013-13424 Filed 6-5-13; 8:45 am]
BILLING CODE 9110-04-P