Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA, 10648-10650 [2018-04912]

Download as PDF 10648 Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Proposed Rules III. Public Comment Procedures Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the State program. Electronic or Written Comments If you submit written or electronic comments on the proposed rule during the 30-day comment period, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any recommended change(s). We appreciate any and all comments, but those most useful and likely to influence decisions on the final regulations will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent State or Federal laws or regulations, technical literature, or other relevant publications. We cannot ensure that comments received after the close of the comment period (see DATES) or sent to an address other than those listed (see ADDRESSES) will be included in the docket for this rulemaking and considered. daltland on DSKBBV9HB2PROD with PROPOSALS Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on March 27, 2018. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak VerDate Sep<11>2014 17:41 Mar 09, 2018 Jkt 244001 has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak, and others present in the audience who wish to speak, have been heard. DEPARTMENT OF HOMELAND SECURITY Public Meeting Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. IV. Procedural Determinations Executive Order 12866—Regulatory Planning and Review Pursuant to Office of Management and Budget (OMB) Guidance dated October 12, 1993, the approval of state program amendments is exempted from OMB review under Executive Order 12866. Other Laws and Executive Orders Affecting Rulemaking When a State submits a program amendment to OSMRE for review, our regulations at 30 CFR 732.17(h) require us to publish a notice in the Federal Register indicating receipt of the proposed amendment, its text or a summary of its terms, and an opportunity for public comment. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. List of Subjects in 30 CFR Part 938 Intergovernmental relations, Surface mining, Underground mining. Dated: September 15, 2017. Thomas D. Shope, Regional Director, Appalachian Region. [FR Doc. 2018–04911 Filed 3–9–18; 8:45 am] BILLING CODE 4310–05–P PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 Coast Guard 33 CFR Part 117 [Docket No. USCG–2017–0695] RIN 1625–AA09 Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to modify the operating schedule that governs the Chambers Bay railroad lift bridge (Chambers Bay Bridge) across Chambers Bay, mile 0.01, near Steilacoom in Pierce County, WA. The modified schedule would remove the stationed bridge operator at the subject drawbridge during the evening hours due to minimal usage between these hours. SUMMARY: Comments and related material must reach the Coast Guard on or before April 11, 2018. ADDRESSES: You may submit comments identified by docket number USCG– 2017–0695 using Federal eRulemaking Portal at http://www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. DATES: If you have questions on this proposed rule, call or email Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District Bridge Program Office, telephone 206–220–7282; email d13-pfd13bridges@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking BNSF Burlington Northern Santa Fe § Section U.S.C. United States Code II. Background, Purpose and Legal Basis The Coast Guard proposes to add a new operating schedule that governs the Chambers Bay Bridge. Burlington Northern Santa Fe Railway Company (BNSF) owns and operates the vertical lift Chambers Bay Bridge, mile 0.01, near Steilacoom in Pierce County, WA, and has requested a change to the operating schedule based on minimum E:\FR\FM\12MRP1.SGM 12MRP1 Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Proposed Rules usage between 10 p.m. and 6 a.m. over the past 6 years. The subject bridge operates in accordance with 33 CFR 117.5 which is the draw shall open on demand. This proposed rule will be a specific operating rule in Subpart B for the subject bridge. We propose a new rule that will not require the subject bridge to station an operator from 10 p.m. to 6 a.m., but the draw shall open on signal if at least four hours of notice is given. The draw will be required to open as soon as possible, no later than one hour after notification, for vessels engaged in emergency response. Chambers Bay Bridge has a vertical clearance of 10ft in the closed-tonavigation position, and 50ft of vertical clearance in the open-to-navigation position (reference MHW elevation of 12.2 feet). We published a test deviation on July 20, 2017, in the Federal Register (82 FR 33448) titled Drawbridge Operation Regulation; Chambers Creek, Steilacoom, WA. No comments have been received for the test deviation. During the test deviation, we have not received any complaints on the operation of the Chambers Bay Bridge with no operator stationed from 10 p.m. to 6 a.m., and openings with an hour’s notice to test emergency response have been conducted successfully. The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters passing under, through or near the Chambers Bay Bridge. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231. daltland on DSKBBV9HB2PROD with PROPOSALS III. Discussion of Proposed Rule Chambers Bay provides no alternate routes to pass around the Chambers Bay Bridge. This new rule would allow BNSF to better balance the needs of marine and rail traffic. In the last 6 years, only 2% of the subject bridge lifts have occurred between the hours of 10 p.m. and 6 a.m., which equates to approximately 5 openings a year. Between February 2009 to June 2015, 1,932 total openings were conducted, and of those, 40 occurred between the hours of 10 p.m. and 6 a.m. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analysis based on these statutes and Executive Orders, and we discuss First Amendment rights of protestors. 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 VerDate Sep<11>2014 17:41 Mar 09, 2018 Jkt 244001 10649 necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM 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. This regulatory action determination is based on the ability for mariners to transit under the bridge from 10 p.m. to 6 a.m. with no operator present if a four hour notice is given. The drawbridge will also be required to open as soon as possible, but no later than one hour after notification, for vessels engaged in emergency response. 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. 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 proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit under the bridge may be small entities, for the reasons stated in section IV.A. above, this proposed rule would not have a significant economic impact on any vessel owner or operator. Navigation traffic within Chambers Bay consists primarily of the tenants of Chambers Bay marina (recreational users) that are members of the Chambers Bay Boating Association. The boating association has been involved with this operating schedule change, and we have communicated with them requesting for their participation by submitting public comments. No comments have been received. 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. 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 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 is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, 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. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 C. 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.). D. Federalism and Indian Tribal Government 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 proposed rule will not result in such expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. E:\FR\FM\12MRP1.SGM 12MRP1 10650 Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Proposed Rules F. Environment We have analyzed this proposed 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. Normally such actions are categorically excluded from further review, under figure 2–1, paragraph (32) (e), of the Instruction. A preliminary Record of Environmental Consideration and a Memorandum for the Record are not required for this proposed rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. provided. For more about privacy and the docket, visit http:// www.regulations.gov/privacynotice. Documents mentioned in this NPRM as being available in this docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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. Add § 117.1029 to read as follows: 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. § 117.1029 daltland on DSKBBV9HB2PROD with PROPOSALS V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have VerDate Sep<11>2014 17:41 Mar 09, 2018 Jkt 244001 Chambers Bay. The draw of the Chambers Bay railroad lift bridge, mile 0.01, at Chambers Bay, shall open on signal except between 10 p.m. to 6 a.m. The draw shall open on signal from 10 p.m. to 6 a.m. when at least four hours of notice has been given via the phone number posted on the bridge, and as soon as possible, no later than 1 hour after notification, for vessels engaged in emergency response. Dated: February 16, 2018. Brendan C. McPherson, Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard District. [FR Doc. 2018–04912 Filed 3–9–18; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY I. Background 40 CFR Part 52 [EPA–R03–OAR–2017–0739; FRL–9975–34– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Emissions Statement Requirement for the 2008 Ozone Standard Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: PO 00000 Frm 00007 Fmt 4702 The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision fulfills Pennsylvania’s emissions statement requirement for the 2008 ozone national ambient air quality standard (NAAQS). This action is being taken under the Clean Air Act (CAA). DATES: Written comments must be received on or before April 11, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2017–0739 at http:// www.regulations.gov, or via email to spielberger.susan@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Gavin Huang, (215) 814–2042, or by email at huang.gavin@epa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Sfmt 4702 On March 27, 2008, EPA strengthened the ozone standard from 0.08 to 0.075 parts per million (ppm). 73 FR 16436. On May 21, 2012, EPA designated areas as nonattainment for the 2008 ozone NAAQS, which include the following counties in Pennsylvania: Carbon, Lehigh, Northampton, Lancaster, Bucks, Chester, Delaware, Montgomery, Philadelphia, Allegheny, Armstrong, Beaver, Butler, Fayette, Washington, Westmoreland, and Berks counties. See 40 CFR 81.339. E:\FR\FM\12MRP1.SGM 12MRP1

Agencies

[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Proposed Rules]
[Pages 10648-10650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04912]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0695]
RIN 1625-AA09


Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Chambers Bay railroad lift bridge (Chambers Bay Bridge) 
across Chambers Bay, mile 0.01, near Steilacoom in Pierce County, WA. 
The modified schedule would remove the stationed bridge operator at the 
subject drawbridge during the evening hours due to minimal usage 
between these hours.

DATES: Comments and related material must reach the Coast Guard on or 
before April 11, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0695 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
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
BNSF Burlington Northern Santa Fe
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Coast Guard proposes to add a new operating schedule that 
governs the Chambers Bay Bridge. Burlington Northern Santa Fe Railway 
Company (BNSF) owns and operates the vertical lift Chambers Bay Bridge, 
mile 0.01, near Steilacoom in Pierce County, WA, and has requested a 
change to the operating schedule based on minimum

[[Page 10649]]

usage between 10 p.m. and 6 a.m. over the past 6 years. The subject 
bridge operates in accordance with 33 CFR 117.5 which is the draw shall 
open on demand. This proposed rule will be a specific operating rule in 
Subpart B for the subject bridge. We propose a new rule that will not 
require the subject bridge to station an operator from 10 p.m. to 6 
a.m., but the draw shall open on signal if at least four hours of 
notice is given. The draw will be required to open as soon as possible, 
no later than one hour after notification, for vessels engaged in 
emergency response.
    Chambers Bay Bridge has a vertical clearance of 10ft in the closed-
to-navigation position, and 50ft of vertical clearance in the open-to-
navigation position (reference MHW elevation of 12.2 feet). We 
published a test deviation on July 20, 2017, in the Federal Register 
(82 FR 33448) titled Drawbridge Operation Regulation; Chambers Creek, 
Steilacoom, WA. No comments have been received for the test deviation. 
During the test deviation, we have not received any complaints on the 
operation of the Chambers Bay Bridge with no operator stationed from 10 
p.m. to 6 a.m., and openings with an hour's notice to test emergency 
response have been conducted successfully.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters passing under, through or near the Chambers 
Bay Bridge. The Coast Guard proposes this rulemaking under authority in 
33 U.S.C. 1231.

III. Discussion of Proposed Rule

    Chambers Bay provides no alternate routes to pass around the 
Chambers Bay Bridge. This new rule would allow BNSF to better balance 
the needs of marine and rail traffic. In the last 6 years, only 2% of 
the subject bridge lifts have occurred between the hours of 10 p.m. and 
6 a.m., which equates to approximately 5 openings a year. Between 
February 2009 to June 2015, 1,932 total openings were conducted, and of 
those, 40 occurred between the hours of 10 p.m. and 6 a.m.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analysis based on these statutes and Executive Orders, and we discuss 
First Amendment rights of protestors.

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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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. This regulatory action 
determination is based on the ability for mariners to transit under the 
bridge from 10 p.m. to 6 a.m. with no operator present if a four hour 
notice is given. The drawbridge will also be required to open as soon 
as possible, but no later than one hour after notification, for vessels 
engaged in emergency response.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit 
under the bridge may be small entities, for the reasons stated in 
section IV.A. above, this proposed rule would not have a significant 
economic impact on any vessel owner or operator. Navigation traffic 
within Chambers Bay consists primarily of the tenants of Chambers Bay 
marina (recreational users) that are members of the Chambers Bay 
Boating Association. The boating association has been involved with 
this operating schedule change, and we have communicated with them 
requesting for their participation by submitting public comments. No 
comments have been received.
    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.
    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.

C. 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.).

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 proposed 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 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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

[[Page 10650]]

F. Environment

    We have analyzed this proposed 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. 
Normally such actions are categorically excluded from further review, 
under figure 2-1, paragraph (32) (e), of the Instruction.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this proposed rule. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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

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. Add Sec.  117.1029 to read as follows:


Sec.  117.1029  Chambers Bay.

    The draw of the Chambers Bay railroad lift bridge, mile 0.01, at 
Chambers Bay, shall open on signal except between 10 p.m. to 6 a.m. The 
draw shall open on signal from 10 p.m. to 6 a.m. when at least four 
hours of notice has been given via the phone number posted on the 
bridge, and as soon as possible, no later than 1 hour after 
notification, for vessels engaged in emergency response.

    Dated: February 16, 2018.
Brendan C. McPherson,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2018-04912 Filed 3-9-18; 8:45 am]
 BILLING CODE 9110-04-P