
[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Proposed Rules]
[Pages 69576-69579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28130]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0911]
RIN 1625-AA09


Drawbridge Operation Regulation; Thea Foss Waterway Previously 
Known as City Waterway, Tacoma, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Murray Morgan Bridge, also known as the South 11th Street 
Bridge, across Thea Foss Waterway, mile 0.6, previously known as City 
Waterway, at Tacoma, WA. This proposed rule would allow more efficient 
staffing of the bridge operating crew by requiring advance notification 
for bridge openings during designated hours. This proposed rule will 
also remove existing authorized closure periods for the bridge to 
better reflect present day transportation needs. Lastly, this proposed 
change will update contact information for requesting emergency bridge 
openings.

DATES: Comments and related material must reach the Coast Guard on or 
before January 4, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0911 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email the Bridge Administrator, Coast Guard Thirteenth 
District; telephone 206-220-7282 email randall.d.overton@uscg.mil. If 
you have questions on viewing or submitting material to the docket, 
call Renee V.

[[Page 69577]]

Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0911), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2012-0911'' in the ``Keyword'' 
box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0911'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before December 20, 2012, using one of the four 
methods specified under ADDRESSES. Please explain why one would be 
beneficial. If we determine that a public meeting would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

B. Regulatory History and Information

    Presently the bridge operates under 33 CFR 117.1061 which requires 
a two hour notice for an opening and allows the bridge to not open 
during morning and afternoon rush hours. This proposed rule will 
eliminate the authorized closure during the morning and afternoon rush 
hour and it will add an additional advance notification for bridge 
openings between 10 p.m. and 8 a.m. Waterway users and Marine 
Facilities in the vicinity of the bridge have received direct email 
correspondence to inform them of the proposed rule. Additionally the 
Coast Guard has issued a temporary deviation to test the proposed rule 
and to gather comments or concerns about the proposed rule. The 
temporary test deviation may be found online at http://www.regulations.gov, under docket number USCG-2012-0911.

C. Basis and Purpose

    The Coast Guard, at the request of the City of Tacoma, proposes to 
change the regulation which governs the operating schedule of the 
Murray Morgan Bridge. This proposed change will allow the City of 
Tacoma to staff the bridge operating crew more efficiently and will 
better accommodate present day transportation needs. This proposed 
change will also update contact information needed to request emergency 
openings of the bridge.

D. Discussion of Proposed Rule

    Three amendments to the existing operating regulation are being 
proposed for the Murray Morgan Bridge. The first proposed amendment 
would require that for bridge openings between 10 p.m. and 8 a.m., 
notification be made no later than 8 p.m. prior to the desired opening. 
This differs from the existing regulation in that presently the bridge 
is required to open at all times (except during authorized closure 
periods) provided two hours advance notice is given. This amendment for 
notification by 8 p.m. for openings between 10 p.m. and 8 a.m. is being 
proposed because openings between 10 p.m. and 8 a.m. are extremely 
rare. Over an 18 month period there were only 6 bridge openings 
requested between 10 p.m. and 8 a.m. which averages one bridge opening 
request per three month period. One of the unique features of the 
Murray Morgan Bridge is its height above the waterway providing 60 feet 
of clearance at mean high water (MHW) in the closed position. Because 
of this vertical clearance the overwhelming majority of vessels which 
transit this waterway do not require a bridge opening. The majority of 
bridge openings are for locally moored and operated recreational 
sailboats with mast heights over 60 feet. Almost all of these vessels 
are moored at marinas in very close proximity of the bridge.
    The second amendment proposed to the regulation is to remove the 
authorized morning and afternoon bridge closure periods. The current 
regulation states that the draw need not be opened from 6:30 a.m. to 
8:30 a.m. and 3:30 p.m. to 5:30 p.m. Monday through Friday, for vessels 
of less than 1,000 gross tons. This proposed change would require the 
draw to open at all times with proper advance notification. The morning 
and afternoon authorized closures of the bridge outlined in the 
existing regulation were put into place when the bridge was part of SR 
509, a

[[Page 69578]]

continuous route from Northeast Tacoma to downtown, and traffic volumes 
were approximately 15,000 vehicles per day. In 1997 a new SR 509 was 
constructed approximately 0.7 miles south of the bridge and is now used 
as the main traffic corridor. After completion of the new SR 509, the 
Murray Morgan Bridge connection between Northeast Tacoma and downtown 
was severed due to roadway reconfiguration, resulting in traffic 
volumes dropping dramatically; therefore, the bridge no longer conveys 
high volumes of traffic during the morning and afternoon rush hours.
    The third proposed amendment to the existing regulation changes the 
contact information for emergency bridge openings. The existing 
regulation states ``In emergencies, openings shall be made as soon as 
possible upon notification to the Washington State Department of 
Transportation.'' The proposed change would state notification for 
emergency opening would be made to the City of Tacoma. The reason for 
this change is because Washington State turned over ownership and 
responsibility of the bridge to the City of Tacoma on January 6, 1998. 
To help evaluate these proposed changes the Coast Guard has issued a 
Temporary Deviation from the operating schedule that governs the Murray 
Morgan Bridge. The Temporary Deviation mirrors the regulation changes 
proposed in this document. Comments may be submitted for the Temporary 
Deviation following the same procedure as outlined in the ``Public 
Participation and Request for Comments'' portion of the SUPPLEMENTARY 
INFORMATION section of this notice.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    We expect the economic impact of this proposed rule to be 
insignificant and therefore a full Regulatory Evaluation is 
unnecessary. Very few vessels will be impacted because all requested 
bridge openings will be granted with advance notification.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. 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. This action will not have a significant economic impact 
on a substantial number of small entities because it does not authorize 
closure periods for the bridge. Additionally, because the bridge 
provides 60 feet of vertical clearance when it is in the closed 
position only a very few numbers of vessels using the waterway require 
a bridge opening to transit the area. The vessels that require a bridge 
opening are primarily privately owned tall mast sailboats moored in 
close proximity of the bridge. Vessels which do require an opening will 
be granted an opening without delay when appropriate notification is 
given.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    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.

4. 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.).

5. Federalism

    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 does not have implications for federalism.

6. 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.

7. 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 rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

[[Page 69579]]

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use because it is 
not a ``significant regulatory action'' under Executive Order 12866 and 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. The Administrator of the Office of 
Information and Regulatory Affairs has not designated it as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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 
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. This rule is 
categorically excluded, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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 Sec.  117.1061 to revise paragraph (b) to read as follows:


Sec.  117.1061  Tacoma Harbor.

* * * * *
    (b) The draw of the Murray Morgan Bridge, also known as the South 
11th Street Bridge, across Thea Foss Waterway, previously known as City 
Waterway, mile 0.6, at Tacoma, shall open on signal if at least two 
hours notice is given. However, to obtain a bridge opening between 10 
p.m. and 8 a.m., notification must be made to the City of Tacoma by 8 
p.m. In emergencies, openings shall be made as soon as possible upon 
notification to the City of Tacoma.

    Dated: November 2, 2012.
K.A. Taylor,
Rear Admiral, U. S. Coast Guard Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2012-28130 Filed 11-19-12; 8:45 am]
BILLING CODE 9110-04-P


