[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Rules and Regulations]
[Pages 28730-28732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12958]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0404]
RIN 1625-AA09


Drawbridge Operation Regulation; Duwamish Waterway, Seattle, WA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the South Park highway bridge, across the Duwamish Waterway 
mile 3.8, at Seattle, WA. This rule removes the nighttime bridge 
operator, and will require a 12 hour advance notice for a late evening 
to early morning opening.

DATES: This rule is effective July 22, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2019-0404 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-pf-d13bridges@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register

[[Page 28731]]

NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On March 29, 2019 we published a notice of proposed rulemaking 
entitled ``Drawbridge Operation Regulation; Duwamish Waterway, Seattle, 
WA'' in the Federal Register (84 FR 11912). This notice of proposed 
rulemaking was preceded by a six month test deviation published in the 
Federal Register (83 FR 10785) on March 13, 2018. The test deviation 
ran from March 22, 2018 to September 17, 2018. We received three 
comments on this rule during the deviation. Those comments and the 
response to the comments can be found in the NPRM, ``Drawbridge 
Operation Regulation; Duwamish Waterway, Seattle, WA'' in the Federal 
Register (84 FR 11912). We received no comments on the NPRM.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The Duwamish Waterway provides no alternate route to pass around the 
South Park Bridge. The subject bridge provides 34 feet in the center of 
the span and 27 feet at the sides of the span above mean high water. 
King County, WA, owns the South Park Bridge, but the Seattle Department 
of Transportation (SDOT) operates the bridge per 33 CFR 117.1041(a)(2).
    On behalf of SDOT, King County requested a permanent change to the 
existing operating regulation of the South Park Bridge. Due to 
infrequent bridge opening requests from 11 p.m. to 7 a.m., King County 
proposed to eliminate the nighttime bridge operator. This rule will 
remove SDOT's bridge operator from 11 p.m. to 7 a.m. unless a 12 hours' 
notice has been received prior to an opening request. If emergency 
responders require a bridge opening between 11 p.m. and 7 a.m., the 
South Park Bridge will 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. 
This rule reasonably accommodates waterway users while reducing SDOT's 
burden in operating the subject bridge. Vessels operating on the 
Duwamish Waterway range from small pleasure craft, small tribal fishing 
boats, large size pleasure motor vessels and large commercial vessels 
and barges.

IV. Discussion of Comments, Changes and the Final Rule

    During the 30 day comment period ending April 30, 2019 no comments 
were received. The South Park Bridge will require a 12 hour notice 
given by telephone to the bridge operator (SDOT) between 7 a.m. and 11 
p.m., and for emergencies between 11 p.m. to 7 a.m. call the Fremont 
Bridge operator. The phone numbers to use for a bridge opening is 
posted at the subject bridge, and the Coast Guard will publish the 
phone numbers and this rule in the Local Notice to Mariners (LNM) for 
six months after the approval date. In addition to the LNM, phone 
numbers for the two bridge operators will be added to the Coast Pilot. 
This rule adds 33 CFR 117.1041(a)(3) to provide specific requirements 
for the operation of the South Park Bridge.

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. This rule also applies to emergency 
openings.

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 rule 
would 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 owners or operators.
    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 would not have a substantial

[[Page 28732]]

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 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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  117.1041 by adding paragraph (a)(3) to read as follows:


Sec.  117.1041  Duwamish Waterway.

    (a) * * *
    (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. 2019-12958 Filed 6-19-19; 8:45 am]
 BILLING CODE 9110-04-P


