Drawbridge Operation Regulation; Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA, 11912-11914 [2019-06078]
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Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Proposed Rules
devoted to activities of the type
described above, payments for such
hours will not have the mathematical
effect of increasing or decreasing the
regular rate of an employee if the hours
are compensated at the same rate as
other working hours. The requirements
of section 7(a) of the Act will be
considered to be met where overtime
compensation at one and one-half times
such rate is paid for the hours so
compensated in the workweek which
are in excess of the statutory maximum.
(b) Time not treated as hours worked.
Under the principles set forth in
§ 778.319, where the payments are made
for time spent in an activity which, if
compensable under contract, custom, or
practice, is required to be counted as
hours worked under the Act by virtue of
Section 4 of the Portal-to-Portal Act of
1947 (see parts 785 and 790 of this
chapter), no agreement by the parties to
exclude such compensable time from
hours worked would be valid. On the
other hand, in the case of time spent in
an activity which would not be hours
worked under the Act if not
compensated and would not become
hours worked under the Portal-to-Portal
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unless agreement or established practice
indicates that the parties have treated
the time as hours worked. Such time
includes bona fide meal periods, see
§ 785.19. Unless it appears from all the
pertinent facts that the parties have
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payments for such time will be regarded
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section 7(e)(2), as explained in
§§ 778.216 to 778.224. The payments for
such hours cannot, of course, qualify as
overtime premiums creditable toward
overtime compensation under section
7(h) of the Act.
[FR Doc. 2019–05687 Filed 3–28–19; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
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[Docket No. USCG–2019–0001]
RIN 1625–AA09
Drawbridge Operation Regulation;
Drawbridge Operation Regulation;
Duwamish Waterway, Seattle, WA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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The Coast Guard proposes to
revise the operating schedule that
governs the South Park Highway
drawbridge, across the Duwamish
Waterway mile 3.8, at Seattle, WA. Due
to infrequent bridge opening requests,
King County, the bridge owner, is
requesting to change the current
regulation to reduce the bridge
operating costs by eliminating the
nighttime bridge operator, and replace
the operator with an as needed operator.
The modified rule would change from
opening on-demand to a 12 hour
advance notice for a late evening to
early morning opening.
DATES: Comments and related material
must reach the Coast Guard on or before
April 29, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0001 using Federal eRulemaking
Portal at https://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 Fischer,
Thirteenth District Bridge
Administrator, Coast Guard; telephone
206–220–7282, email, d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
King County owns the South Park
Highway drawbridge across the
Duwamish Waterway at mile 3.8, but
the Seattle Department of
Transportation (SDOT) operates the
South Park Highway Bridge. On behalf
of SDOT, King County is requesting a
permanent change to the existing
operating regulation. Due to infrequent
bridge opening requests from 11 p.m. to
7 a.m., King County is proposing to
eliminate the nighttime bridge operator.
The proposed regulation change would
allow SDOT to not have a bridge
operator attending the subject bridge
from 11 p.m. to 7 a.m. unless at least 12
hours notice has been received prior to
an opening request.
Marine traffic on the Duwamish
Waterway consists of vessels ranging
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from small pleasure craft, small tribal
fishing boats, large size pleasure motor
vessels and large commercial vessels
and barges. The subject bridge currently
operates in accordance in 33 CFR
117.1041(a)(2). This bridge provides a
vertical clearance in the closed-tonavigation position approximately 34
feet in the center of the span and 27 feet
at the sides of the span above mean high
water.
III. Discussion of Proposed Rule
This proposed rule amends 33 CFR
117.1041(a)(2) to provide specific
requirements for the operation of the
South Park Bridge. The 2017 South Park
Bridge log book shows a low number of
drawbridge opening requests during late
nighttime hours. Of the 524 openings in
2017, approximately 4.5 percent, or 24
total requests occurred between the 11
p.m. and 7 a.m. Openings from 11 p.m.
to 7 a.m. for 2014, 2015 and 2016 ranged
from 5% to 10% of all openings. Based
off of the historical data obtained from
the bridge opening logs, King County is
proposing that the subject bridge need
not open for vessel traffic from 11 p.m.
to 7 a.m. unless a 12 hour notice is
given to the South Park Bridge. Further,
King County is proposing between 11
p.m. and 7 a.m., vessels engaged in seatrials or dredging activities may request
a standby operator if at least a 24 hour
notice is given to the South Park Bridge.
Vessels able to transit under the bridge
without an opening may do so at any
time. If emergency responders needs a
bridge opening between 11 p.m. and 7
a.m., this rule change would require the
Fremont Bridge operator, across the
Lake Washington Ship Canal, to open
the South Park Bridge within 45
minutes from initial notification to the
Fremont Bridge.
On March 13, 2018, we published a
temporary test deviation entitled
Drawbridge Operation Regulation;
Duwamish Waterway, Seattle, WA, in
the Federal Register (83 FR 10785). The
test deviation ran from March 22, 2018
to September 17, 2018. We received
three comments on this test deviation.
One comment did not relate to
operations of the South Park Bridge.
King County submitted a rebuttal
addressing the two other comments on
October 17, 2018. We have read both
submittals from each party, and will
discuss the material herein.
A. The first commenter raises two
concerns pertaining to the closure
timing of the bridge. First, the
commenter states that with the First
Avenue South Bridge closed from 6 a.m.
to 9 a.m., marine vessels would have to
wait until 9 a.m. for an opening of the
South Park Bridge. Second, the
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Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Proposed Rules
commenter raised concern that the 45
minute response time for an emergency
opening is unnecessarily long. The
South Park Bridge will open on signal
from 11 p.m. to 7 a.m., if at least a 12
hour notice is given to the bridge
operator. From 7 a.m. to 11 p.m. the
South Park Bridge will have a bridge
operator. The SDOT has performed
travel time tests between the Fremont
Bridge and the South Park Bridge
between 11 p.m. and 7 a.m. In all cases,
the response time was less than the 45
minutes that Seattle Fire Department
needs to respond. We have not
identified any impacts on marine
navigation with this proposed rule.
B. The second commenter discusses
the regulation’s impact on small
entities. The Coast Guard’s response is
contained in Section III(B).
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III. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes 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 the subject
bridge to open on signal from 11 p.m.
to 7 a.m. after receiving at least a 12
hour notice by telephone or VHF radio.
This proposed rule also applies to
opening the subject bridge for marine
vessels engaged in emergency responses
from 11 p.m. to 7 a.m. Emergency
responders will give at least 45 minutes
of notice to the Fremont Bridge operator
to open the South Park Bridge on signal.
The only emergency response vessel
that requires an opening of the subject
bridge is the Seattle Fire Department’s
(SFD) large fireboat. The SFD has
agreed, and will change their response
procedures, to notify the Fremont
Bridge when an emergency call is
received for the Duwamish Waterway.
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The SFD’s large fireboat response time
for the Duwamish Waterway is 45
minutes, and making a notification of 45
minutes for a South Park Bridge opening
will be implemented. The SFD has a
smaller response vessel that does not
require an opening of the subject bridge,
and this fireboat has a faster response
time to the Duwamish Waterway. SFD
stated for a Duwamish Waterway marina
fire, the small vessel will be the first to
respond, and request assistance from the
larger fireboat after the vessel arrives on
scene. The Coast Guard has made this
finding based on the fact that the
proposed change still allows any vessel
needing a drawbridge opening to transit
past the bridge will still receive an
opening with the proper advance 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 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.
The Coast Guard has made this finding
based on the fact that the proposed
change still allows any vessel needing a
drawbridge opening will receive an
opening with at least 12 hours of notice,
and may request a standby bridge
operator during sea-trials and/or
dredging operations, if at least a 24 hour
notice is given to the South Park Bridge
operator. The Coast Guard tested this
proposed regulation change with a
temporary test deviation from March 22,
2018 to September 17, 2018 to ensure
the rule would not unreasonably
obstruct navigation or negatively impact
small maritime business. We received
no complaints during the test deviation.
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, 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
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11913
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 an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
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Federal Register / Vol. 84, No. 61 / Friday, March 29, 2019 / Proposed Rules
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.
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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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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 https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacynotice.
Documents mentioned in this NPRM
as being available in this docket and all
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16:18 Mar 28, 2019
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public comments, will be in our online
docket at https://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. Amend § 117.1041 by revising
paragraph (a)(2) and adding paragraph
(a)(3) to read as follows:
■
§ 117.1041 Drawbridge Operation
Regulation; Duwamish Waterway; Seattle,
WA.
(a) * * *
(1) * * *
(2) The draw of the South Park Bridge,
mile 3.8, need not be opened for the
passage of vessels from 6:30 a.m. to 8
a.m. and 3:30 p.m. to 5 p.m., Monday
through Friday, except Federal holidays
other than Columbus Day.
(3) Between the hours of 11 p.m. and
7 a.m., Monday through Sunday, the
South Park Bridge shall open if at least
a 12 hour notice is given by telephone
or VHF radio to the drawtender at the
South Park Bridge. If emergency
responders require a bridge opening
between 11 p.m. and 7 a.m., the South
Park Bridge shall open within 45
minutes from initial notification to the
Fremont Bridge operator. Vessels
engaged in sea-trials or dredging
activities may request a standby
drawtender to open the bridge, on
demand, during sea-trials and/or
dredging operations, if at least a 24 hour
notice is given to the South Park Bridge
drawtender.
*
*
*
*
*
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2019–06078 Filed 3–28–19; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0371; FRL–9991–47–
Region 4]
Air Plan Approval; Alabama: PSD
Replacement Units
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Alabama State
Implementation Plan (SIP), submitted
by the State of Alabama, through the
Alabama Department of Environmental
Management (ADEM), via two letters
dated May 7, 2012, and August 27,
2018. The proposed SIP revisions relate
to the State’s Prevention of Significant
Deterioration (PSD) permitting
regulations. In particular, the revisions
add a definition of ‘‘replacement unit’’
and provide that a replacement unit is
a type of existing emissions unit under
the definition of ‘‘emissions unit.’’ This
action is being taken pursuant to the
Clean Air Act (CAA or Act).
DATES: Comments must be received on
or before April 29, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2017–0371 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 61 (Friday, March 29, 2019)]
[Proposed Rules]
[Pages 11912-11914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06078]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0001]
RIN 1625-AA09
Drawbridge Operation Regulation; Drawbridge Operation Regulation;
Duwamish Waterway, Seattle, WA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to revise the operating schedule that
governs the South Park Highway drawbridge, across the Duwamish Waterway
mile 3.8, at Seattle, WA. Due to infrequent bridge opening requests,
King County, the bridge owner, is requesting to change the current
regulation to reduce the bridge operating costs by eliminating the
nighttime bridge operator, and replace the operator with an as needed
operator. The modified rule would change from opening on-demand to a 12
hour advance notice for a late evening to early morning opening.
DATES: Comments and related material must reach the Coast Guard on or
before April 29, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0001 using Federal eRulemaking Portal at https://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 Fischer, Thirteenth District Bridge
Administrator, Coast Guard; 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
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
King County owns the South Park Highway drawbridge across the
Duwamish Waterway at mile 3.8, but the Seattle Department of
Transportation (SDOT) operates the South Park Highway Bridge. On behalf
of SDOT, King County is requesting a permanent change to the existing
operating regulation. Due to infrequent bridge opening requests from 11
p.m. to 7 a.m., King County is proposing to eliminate the nighttime
bridge operator. The proposed regulation change would allow SDOT to not
have a bridge operator attending the subject bridge from 11 p.m. to 7
a.m. unless at least 12 hours notice has been received prior to an
opening request.
Marine traffic on the Duwamish Waterway consists of vessels ranging
from small pleasure craft, small tribal fishing boats, large size
pleasure motor vessels and large commercial vessels and barges. The
subject bridge currently operates in accordance in 33 CFR
117.1041(a)(2). This bridge provides a vertical clearance in the
closed-to-navigation position approximately 34 feet in the center of
the span and 27 feet at the sides of the span above mean high water.
III. Discussion of Proposed Rule
This proposed rule amends 33 CFR 117.1041(a)(2) to provide specific
requirements for the operation of the South Park Bridge. The 2017 South
Park Bridge log book shows a low number of drawbridge opening requests
during late nighttime hours. Of the 524 openings in 2017, approximately
4.5 percent, or 24 total requests occurred between the 11 p.m. and 7
a.m. Openings from 11 p.m. to 7 a.m. for 2014, 2015 and 2016 ranged
from 5% to 10% of all openings. Based off of the historical data
obtained from the bridge opening logs, King County is proposing that
the subject bridge need not open for vessel traffic from 11 p.m. to 7
a.m. unless a 12 hour notice is given to the South Park Bridge.
Further, King County is proposing between 11 p.m. and 7 a.m., vessels
engaged in sea-trials or dredging activities may request a standby
operator if at least a 24 hour notice is given to the South Park
Bridge. Vessels able to transit under the bridge without an opening may
do so at any time. If emergency responders needs a bridge opening
between 11 p.m. and 7 a.m., this rule change would require the Fremont
Bridge operator, across the Lake Washington Ship Canal, to open the
South Park Bridge within 45 minutes from initial notification to the
Fremont Bridge.
On March 13, 2018, we published a temporary test deviation entitled
Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA, in the
Federal Register (83 FR 10785). The test deviation ran from March 22,
2018 to September 17, 2018. We received three comments on this test
deviation. One comment did not relate to operations of the South Park
Bridge. King County submitted a rebuttal addressing the two other
comments on October 17, 2018. We have read both submittals from each
party, and will discuss the material herein.
A. The first commenter raises two concerns pertaining to the
closure timing of the bridge. First, the commenter states that with the
First Avenue South Bridge closed from 6 a.m. to 9 a.m., marine vessels
would have to wait until 9 a.m. for an opening of the South Park
Bridge. Second, the
[[Page 11913]]
commenter raised concern that the 45 minute response time for an
emergency opening is unnecessarily long. The South Park Bridge will
open on signal from 11 p.m. to 7 a.m., if at least a 12 hour notice is
given to the bridge operator. From 7 a.m. to 11 p.m. the South Park
Bridge will have a bridge operator. The SDOT has performed travel time
tests between the Fremont Bridge and the South Park Bridge between 11
p.m. and 7 a.m. In all cases, the response time was less than the 45
minutes that Seattle Fire Department needs to respond. We have not
identified any impacts on marine navigation with this proposed rule.
B. The second commenter discusses the regulation's impact on small
entities. The Coast Guard's response is contained in Section III(B).
III. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes 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
the subject bridge to open on signal from 11 p.m. to 7 a.m. after
receiving at least a 12 hour notice by telephone or VHF radio. This
proposed rule also applies to opening the subject bridge for marine
vessels engaged in emergency responses from 11 p.m. to 7 a.m. Emergency
responders will give at least 45 minutes of notice to the Fremont
Bridge operator to open the South Park Bridge on signal. The only
emergency response vessel that requires an opening of the subject
bridge is the Seattle Fire Department's (SFD) large fireboat. The SFD
has agreed, and will change their response procedures, to notify the
Fremont Bridge when an emergency call is received for the Duwamish
Waterway. The SFD's large fireboat response time for the Duwamish
Waterway is 45 minutes, and making a notification of 45 minutes for a
South Park Bridge opening will be implemented. The SFD has a smaller
response vessel that does not require an opening of the subject bridge,
and this fireboat has a faster response time to the Duwamish Waterway.
SFD stated for a Duwamish Waterway marina fire, the small vessel will
be the first to respond, and request assistance from the larger
fireboat after the vessel arrives on scene. The Coast Guard has made
this finding based on the fact that the proposed change still allows
any vessel needing a drawbridge opening to transit past the bridge will
still receive an opening with the proper advance 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 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. The Coast Guard has made this
finding based on the fact that the proposed change still allows any
vessel needing a drawbridge opening will receive an opening with at
least 12 hours of notice, and may request a standby bridge operator
during sea-trials and/or dredging operations, if at least a 24 hour
notice is given to the South Park Bridge operator. The Coast Guard
tested this proposed regulation change with a temporary test deviation
from March 22, 2018 to September 17, 2018 to ensure the rule would not
unreasonably obstruct navigation or negatively impact small maritime
business. We received no complaints during the test deviation.
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, 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 an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01
[[Page 11914]]
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 https://www.regulations.gov. If your material cannot be
submitted using https://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 https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://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 https://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. Amend Sec. 117.1041 by revising paragraph (a)(2) and adding
paragraph (a)(3) to read as follows:
Sec. 117.1041 Drawbridge Operation Regulation; Duwamish Waterway;
Seattle, WA.
(a) * * *
(1) * * *
(2) The draw of the South Park Bridge, mile 3.8, need not be opened
for the passage of vessels from 6:30 a.m. to 8 a.m. and 3:30 p.m. to 5
p.m., Monday through Friday, except Federal holidays other than
Columbus Day.
(3) Between the hours of 11 p.m. and 7 a.m., Monday through Sunday,
the South Park Bridge shall open if at least a 12 hour notice is given
by telephone or VHF radio to the drawtender at the South Park Bridge.
If emergency responders require a bridge opening between 11 p.m. and 7
a.m., the South Park Bridge shall open within 45 minutes from initial
notification to the Fremont Bridge operator. Vessels engaged in sea-
trials or dredging activities may request a standby drawtender to open
the bridge, on demand, during sea-trials and/or dredging operations, if
at least a 24 hour notice is given to the South Park Bridge drawtender.
* * * * *
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2019-06078 Filed 3-28-19; 8:45 am]
BILLING CODE 9110-04-P
