Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA, 24021-24023 [2018-11102]

Download as PDF 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: VerDate Sep<11>2014 18:07 May 23, 2018 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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: E:\FR\FM\24MYR1.SGM 24MYR1 24022 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. VerDate Sep<11>2014 18:07 May 23, 2018 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. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 E:\FR\FM\24MYR1.SGM 24MYR1 24023 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 sradovich on DSK3GMQ082PROD with RULES 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 VerDate Sep<11>2014 18:07 May 23, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 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″ W W W W W W W W W W W W W W W W W W W W W W W W

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


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