[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]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

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


Drawbridge Operation Regulation; Chambers Bay, Steilacoom, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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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 http://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


