Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA, 24021-24023 [2018-11102]
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Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations
coordinates are North American Datum
1983.
(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 (COTP) Charleston
in the enforcement of the regulated
areas.
(c) Regulations. (1) All nonparticipant persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the regulated area unless
authorized by the COTP Charleston or a
designated representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the COTP Charleston by
telephone at 843–740–7050, or a
designated representative via VHF radio
on channel 16, to request authorization.
(3) If authorization to enter, transit
through, anchor in, or remain within the
regulated area is granted, all persons
and vessels receiving such authorization
must comply with the instructions of
the COTP Charleston or a designated
representative.
(4) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement period. This rule will
be enforced from 7 a.m. until 11 a.m. on
May 26, 2018.
Dated: May 18, 2018.
J.W. Reed,
Captain, U.S. Coast Guard, Captain of the
Port, Charleston.
[FR Doc. 2018–11144 Filed 5–23–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0595]
Drawbridge Operation Regulation;
Jamaica Bay, Queens, NY
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
sradovich on DSK3GMQ082PROD with RULES
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Marine
Parkway (Gil Hodges) Bridge across
Jamaica Bay, mile 3.0, at Queens, NY.
SUMMARY:
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Jkt 244001
This temporary deviation extends the
period the bridge may remain in the
closed-to-navigation position and is
necessary to finalize emergency repairs.
DATES: This deviation is effective from
12:01 a.m. on May 26, 2018, to 11:59
p.m. on June 29, 2018.
ADDRESSES: The docket for this
deviation, USCG–2017–0595 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Judy K. LeungYee, Bridge Management Specialist,
First District Bridge Branch, U.S. Coast
Guard; telephone 212–514–4336, email
Judy.K.Leung-Yee@uscg.mil.
SUPPLEMENTARY INFORMATION: On July 6,
2017, the Coast Guard published a
temporary deviation entitled
‘‘Drawbridge Operation Regulation;
Jamaica Bay, Queens, NY’’ in the
Federal Register (82 FR 31255). That
deviation allowed the bridge to open
with two-hours of advance notice from
July 6, 2017 to December 22, 2017. On
December 7, 2017, the Coast Guard
published a temporary interim rule with
request for comments entitled
‘‘Drawbridge Operation Regulation;
Jamaica Bay, Queens, NY’’ in the
Federal Register (82 FR 57674). That
temporary interim rule extended the
period the bridge may remain in the
closed position through May 25, 2018.
The owner of the bridge, the
Metropolitan Transportation Authority,
requested a second temporary deviation
to extend the bridge closure from 12:01
a.m. on May 26, 2018 to 11:59 p.m. on
June 29, 2018. This extension is
necessary to complete emergency
repairs associated with the replacement
of lift span machinery that has been
delayed by inclement weather.
The Marine Parkway (Gil Hodges)
Bridge across Rockaway Inlet, mile 3.0
at Queens, New York is a vertical lift
bridge with a vertical clearance of 55
feet at mean high water and 59 feet at
mean low water in the closed position.
The existing drawbridge operating
regulations are listed at 33 CFR
117.795(a).
The waterway is transited by seasonal
recreational traffic and some
commercial vessels. Coordination with
waterway users has indicated no
objections to the proposed closure of the
draw. Vessels able to pass through the
bridge in the closed position may do so
at any time. The bridge will not be able
to open for emergencies. There is no
immediate alternate route for vessels
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24021
unable to pass through the bridge when
in the closed position.
The Coast Guard will also inform the
users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by this 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 effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: May 7, 2018.
Christopher J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2018–11098 Filed 5–23–18; 8:45 am]
BILLING CODE 9110–04–P
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
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 removes the bridge operator at
the subject drawbridge between the
hours of 10 p.m. and 6 a.m. due to
minimal usage.
DATES: This rule is effective June 25,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2017–0695 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Steven M. Fischer, Bridge
Administrator, Thirteenth Coast Guard
District Bridge Program Office,
telephone 206–220–7282; email d13-pfd13bridges@uscg.mil.
ADDRESSES:
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Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations
V. Regulatory Analyses
We developed this 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.
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
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
On March 12, 2018, we published a
notice of proposed rulemaking entitled
Drawbridge Operation Regulation;
Chambers Bay, Steilacoom, WA, in the
Federal Register (83 FR 10648). We
received no comments on this rule. On
January 17, 2018 we published in the
Local Notice to Mariners an approved
temporary deviation for the subject
bridge while we processed a permanent
regulation change.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
Chambers Bay Bridge across Chambers
Bay, mile 0.01, near Steilacoom in
Pierce County, WA, is a lift bridge and
provides a vertical clearance of 10ft in
the closed-to-navigation position, and
50ft of vertical clearance in the open-tonavigation position (reference MHW
elevation of 12.2 feet). The subject
bridge operates in accordance with 33
CFR 117.5. This rule will be a specific
operating rule in Subpart B. This new
rule allows BNSF to better balance the
needs of marine and rail traffic, and
modifies the operating schedule by
removing the bridge operator between
the evening hours of 10 p.m. and 6 a.m.
due to minimal usage. 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.
sradovich on DSK3GMQ082PROD with RULES
IV. Discussion of Comments, Changes
and the Final Rule
We provided a comment period of 30
days, and no comments were received.
The current rule for the subject bridge
is open on demand (33 CFR 117.5).
However, this rule will be a new
specific regulation in Subpart B. The
new rule will authorize BNSF to remove
the bridge operator at the Chambers Bay
Bridge from 10 p.m. to 6 a.m., but the
draw shall open on signal if at least four
hours of notice is given. For vessels
engaged in emergency response, the
draw will be required to open as soon
as possible, and no later than one hour
after notification.
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Jkt 244001
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. This regulatory action
determination is based on the ability
that vessels can still transit the bridge
given advanced notice.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rule. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will 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 V.A. above,
this rule will 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.
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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. We have
not received any comments for this rule
change.
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. We have not
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Federal Register / Vol. 83, No. 101 / Thursday, May 24, 2018 / Rules and Regulations
received any comments for this rule
change.
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
Notice of enforcement of
regulation.
ACTION:
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 under the center
heading ‘‘Washington’’ to read as
follows:
■
§ 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 displayed at the bridge, and as
soon as possible, no later than 1 hour
after notification, for vessels engaged in
emergency response.
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2018–11102 Filed 5–23–18; 8:45 am]
BILLING CODE 9110–04–P
The Coast Guard will enforce
safety zones regulations at various
locations in the Sector Columbia River
Captain of the Port zone. This action is
necessary to provide for the safety of life
on these navigable waters during
fireworks displays. While these safety
zone regulations are subject to
enforcement, persons and vessels are
prohibited from being in the safety zone
unless authorized by the Captain of the
Port Sector Columbia River or a
designated representative.
SUMMARY:
The regulations in 33 CFR
165.1315 will be enforced for the safety
zones identified in the SUPPLEMENTARY
INFORMATION section below for the dates
and times specified in this document.
DATES:
If
you have questions about this notice of
enforcement, call or email LCDR Laura
Springer, Waterways Management
Division, Marine Safety Unit Portland,
Coast Guard; telephone 503–240–9319,
email msupdxwwm@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
These
safety zones found in 33 CFR 165.1315
will be activated and thus subject to
enforcement at least 1 hour before and
1 hour after the duration of the event
each day as listed in the following
Table:
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0395]
Safety Zones; Annual Fireworks
Displays Within the Sector Columbia
River Captain of the Port Zone
AGENCY:
Coast Guard, DHS.
TABLE—DATES AND DURATIONS IN 2018 FOR EVENTS LISTED IN 33 CFR 165.1315 AND THE LOCATION OF THESE
EVENTS WITHIN THE SECTOR COLUMBIA RIVER CAPTAIN OF THE PORT ZONE
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Event name
(typically)
Event location
Date and duration of event
Latitude
Portland Rose Festival Fireworks ................................................
Tri-City Chamber of Commerce Fireworks/River of Fire Festival
Astoria-Warrenton 4th of July Fireworks .....................................
Waterfront Blues Festival Fireworks ............................................
Florence Independence Day Celebration ....................................
Oaks Park Association 4th of July ...............................................
City of Rainier/Rainier Days .........................................................
Splash Aberdeen Waterfront Festival ..........................................
City of Coos Bay July 4th Celebration/Fireworks Over the Bay
Port of Cascade Locks 4th of July Fireworks ..............................
Clatskanie Heritage Days Fireworks ............................................
Washougal 4th of July .................................................................
City of St. Helens 4th of July Fireworks ......................................
Waverly Country Club 4th of July Fireworks ...............................
Hood River 4th of July .................................................................
Winchester Bay 4th of July Fireworks .........................................
Brookings, OR July 4th Fireworks ...............................................
Yachats 4th of July ......................................................................
Lincoln City 4th of July .................................................................
July 4th Party at the Port of Gold Beach .....................................
Huntington 4th of July ..................................................................
Toledo Summer Festival ..............................................................
Port Orford 4th of July .................................................................
Roseburg Hometown 4th of July .................................................
Portland, OR ...................
Kennewick, WA ..............
Astoria, OR .....................
Portland, OR ...................
Florence, OR ..................
Portland, OR ...................
Rainier, OR .....................
Aberdeen, WA ................
Coos Bay, OR ................
Cascade Locks, OR .......
Clatskanie, OR ...............
Washougal, WA ..............
St. Helens, OR ...............
Milwaukie, OR ................
Hood River, OR ..............
Winchester Bay, OR .......
Brookings, OR ................
Yachats, OR ...................
Lincoln City, OR .............
Gold Beach, OR .............
Huntington, OR ...............
Toledo, OR .....................
Port Orford, OR ..............
Roseburg, OR ................
May 25, 2018, 9:45 p.m. to 10 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 7, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10 p.m. to 10:20 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 9:30 p.m. to 11:30 p.m
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10:15 p.m. to 10:40 p.m
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
July 14, 2018, 10 p.m. to 10:30 p.m ..
July 4, 2018 10 p.m. to 10:30 p.m. ....
July 4, 2018, 10 p.m. to 10:30 p.m ....
45°30′58″ N
46°13′37″ N
46°11′34″ N
45°30′42″ N
43°58′09″ N
45°28′22″ N
46°05′46″ N
46°58′40″ N
43°22′06″ N
45°40′15″ N
46°6′17″ N
45°34′32″ N
45°51′54″ N
45°27′03″ N
45°42′58″ N
43°40′56″ N
42°02′39″ N
44°18′38″ N
44°55′28″ N
42°25′30″ N
44°18′02″ N
44°37′08″ N
42°44′31″ N
43°12′58″ N
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Longitude
122°40′12″
119°08′47″
123°49′28″
122°40′14″
124°05′50″
122°39′59″
122°56′18″
123°47′45″
124°12′24″
121°53′43″
123°12′02″
122°22′53″
122°47′26″
122°39′18″
121°30′32″
124°11′13″
124°16′14″
124°06′27″
124°01′31″
124°25′03″
117°13′33″
123°56′24″
124°29′30″
123°22′10″
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W
W
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Agencies
[Federal Register Volume 83, Number 101 (Thursday, May 24, 2018)]
[Rules and Regulations]
[Pages 24021-24023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11102]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying 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 removes the bridge operator at the subject
drawbridge between the hours of 10 p.m. and 6 a.m. due to minimal
usage.
DATES: This rule is effective June 25, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2017-0695 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Steven M. Fischer, Bridge Administrator, Thirteenth Coast
Guard District Bridge Program Office, telephone 206-220-7282; email
[email protected].
[[Page 24022]]
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
On March 12, 2018, we published a notice of proposed rulemaking
entitled Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA,
in the Federal Register (83 FR 10648). We received no comments on this
rule. On January 17, 2018 we published in the Local Notice to Mariners
an approved temporary deviation for the subject bridge while we
processed a permanent regulation change.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
Chambers Bay Bridge across Chambers Bay, mile 0.01, near Steilacoom in
Pierce County, WA, is a lift bridge and provides 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). The subject bridge operates in accordance with 33 CFR
117.5. This rule will be a specific operating rule in Subpart B. This
new rule allows BNSF to better balance the needs of marine and rail
traffic, and modifies the operating schedule by removing the bridge
operator between the evening hours of 10 p.m. and 6 a.m. due to minimal
usage. 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.
IV. Discussion of Comments, Changes and the Final Rule
We provided a comment period of 30 days, and no comments were
received. The current rule for the subject bridge is open on demand (33
CFR 117.5). However, this rule will be a new specific regulation in
Subpart B. The new rule will authorize BNSF to remove the bridge
operator at the Chambers Bay Bridge from 10 p.m. to 6 a.m., but the
draw shall open on signal if at least four hours of notice is given.
For vessels engaged in emergency response, the draw will be required to
open as soon as possible, and no later than one hour after
notification.
V. Regulatory Analyses
We developed this 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 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. This regulatory action
determination is based on the ability that vessels can still transit
the bridge given advanced notice.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule will 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 V.A. above, this rule will 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. We
have not received any comments for this rule change.
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. We have not
[[Page 24023]]
received any comments for this rule change.
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.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the For Further
Information Contact section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Add Sec. 117.1029 under the center heading ``Washington'' 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 displayed at the
bridge, and as soon as possible, no later than 1 hour after
notification, for vessels engaged in emergency response.
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2018-11102 Filed 5-23-18; 8:45 am]
BILLING CODE 9110-04-P