Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes to change the operating schedule that governs the South Park Bridge, on the Duwamish Waterway, mile 3.8, at Seattle, WA. Highway traffic patterns have changed since this rule was last amended, therefore the bridge owner (King County) is proposing to update the operating schedule to better meet the needs of local highway users by matching drawbridge closure hours to current commuter traffic patterns. This change would improve movement of rush hour highway traffic while having minimal impact to maritime waterway traffic.
Comments and related material must reach the Coast Guard on or before July 13, 2015. Requests for public meetings must be received by the Coast Guard on or before June 15, 2015.
You may submit comments identified by docket number USCG-2015-0285 using any one of the following methods:
(1)
(2)
(3)
See the “Public Participation and Request for Comments” portion of the
If you have questions on this proposed rule, call or email Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District Bridge Program Office, telephone 206-220-7282; email
We encourage you to participate in this proposed rulemaking by submitting comments and related materials. All comments received will be posted, without change to
If you submit a comment, please include the docket number for this proposed rulemaking (USCG-2015-0285), 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 (
To submit your comment online, go to
To view comments, as well as documents mentioned in this preamble as being available in the docket, go to
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
We do not now plan to hold a public meeting, but you may submit a request for a meeting that reaches the Coast Guard on or before June 15, 2015 using one of the methods specified under
The legal basis for this rule is 33 U.S.C. 499, 33 CFR 1.05-1; and Department of Homeland Security Delegation No. 0170.1.
King County owns and operates the South Park Bridge, and requested a permanent change to the existing operating regulation. The new proposed regulation would update drawbridge closure times to better meet current highway traffic demands, and match the closure schedule with the First Avenue South Bridge, mile 2.5, on the Duwamish Waterway.
The South Park Bascule Bridge, at Seattle WA, on the Duwamish Waterway at mile 3.8, is subject to tidal influence and has at least 15 feet of water depth at the bridge site at mean lower low water. Vessel traffic on the Duwamish waterway consists of vessels ranging from small pleasure craft, sailboats, small tribal fishing boats, and commercial tug and tow, and mega yachts.
The inefficiencies of the current drawbridge operating regulation were brought to the Coast Guard's attention by the bridge owner. The current drawbridge operating regulation was written to accommodate commuter patterns associated with morning and afternoon highway traffic associated with Boeing Plant number 2 shift changes. As of 2011 this plant is no longer operational and therefore highway traffic densities have changed. Adjusting the existing drawbridge regulation would better meet the needs of current highway users by matching drawbridge closure hours to the First Avenue South Bridge and current commuter traffic patterns, while having minimal impact on maritime navigation.
The Coast Guard would amend the operating regulations at 33 CFR 117.1041(a)(2). The regulation currently states that South Park Bridge need not be opened for the passage of vessels from 6:30 a.m. to 8:00 a.m. and 3:30 p.m. to 5:00 p.m., Monday through Friday, except Federal holidays. The Coast Guard proposes to change the opening schedule such that the bridge need not be opened for the passage of vessels from 6:00 a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m., Monday through Friday, except Federal holidays other than Columbus Day. The purpose of this proposed amendment is to increase efficiency for current highway traffic demands in light of changed traffic patterns, and match the closure schedule with the First Avenue South Bridge on the Duwamish Waterway. All other requirements regarding the South Park Bridge under 33 CFR 117.1041 will remain the same.
We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders.
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. The Coast Guard has made this finding based on the fact that the proposed change does not significantly alter the duration and time frame of the current closure schedule.
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. This proposed rule would affect the following entities, some of which might be small entities: The owners or operators of commercial and recreational vessels looking to transit the bridge and associated maritime waterfront facilities (
This action will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will be in effect twice a day for three hours when vessel traffic is low and vehicle traffic is high. Vessels that can safely transit under the bridge may do so at any time. Furthermore, most vessels that would be affected by this proposed rule are already operating according to the current restricted operating regulation for the First Avenue South Bridge.
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
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
This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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.
The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the
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.
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.
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.
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.
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 (make sure we send NPRM to local Tribe).
This proposed rule is not a “significant energy action” under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.
This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
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 amends 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.
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows:
33 U.S.C. 499; 33 CFR 1.05-1; and Department of Homeland Security Delegation No. 0170.1.
(a) * * *
(2) The draw of the South Park Bridge, mile 3.8, need not be opened for the passage of vessels from 6:00 a.m. to 9:00 a.m. and from 3:00 p.m. to 6:00 p.m., Monday through Friday except, Federal holidays, other than Columbus Day.