51766 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 

table item (c)(9) from 9:30 a.m. until 

4:30 p.m. on November 8, 10, 11, and 

12, 2017. 

Under the provisions of 33 CFR 

100.701, no unauthorized person or 

vessel may enter, transit through, 

anchor within, or remain in the 

established regulated areas unless 

permission to enter has been granted by 

the Captain of the Port Key West or 

designated representative. This action is 

to provide enforcement action of 

regulated area that will encompass 

portions of the waters of the Atlantic 

Ocean located southwest of Key West, 

Florida. The Coast Guard may be 

assisted by other Federal, State, or local 

law enforcement agencies in enforcing 

this regulation. 

This notice of enforcement is issued 

under authority of 33 CFR 100.701 and 

5 U.S.C. 552(a). The Coast Guard will 

provide notice of the regulated area by 

Local Notice to Mariners, Broadcast 

Notice to Mariners, and on-scene 

designated representatives. If the 

Captain of the Port Key West determines 

that the regulated area need not be 

enforced for the full duration stated in 

this publication, he or she may use a 

Broadcast Notice to Mariners to grant 

general permission to enter the 

regulated area. 

Dated: November 2, 2017. 

Jeffrey A. Janszen, 

Captain, U.S. Coast Guard, Captain of the 

Port Key West. 

[FR Doc. 2017–24291 Filed 11–7–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0976] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Lake Washington, Seattle, WA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing 

the existing drawbridge operation 

regulation for the Evergreen Point 

Floating Bridge (SR–520 Floating 

Bridge) across Lake Washington, mile 

4.3, at Seattle, WA. The drawbridge was 

replaced with a fixed bridge in 2016, 

and the operating regulation is no longer 

applicable or necessary. The SR–520 

Floating Bridge was rebuilt, and the 

center span was built with a fixed span 

that replaced the draw. 

DATES: This rule is effective November 

8, 2017. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2017– 

0976. 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 Mr. Steven Fischer, Bridge 

Administrator, Thirteenth Coast Guard 

District; 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 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this final 

rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that notice and comment 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under 5 U.S.C. 553(b), the 

Coast Guard finds that good cause exists 

for not publishing a notice of proposed 

rulemaking (NPRM) because the 

Evergreen Point Floating Bridge (SR– 

520 Floating Bridge), that once required 

draw operations in 33 CFR 117.1049, 

was removed from Lake Washington 

and replaced with a fixed bridge in 

2016. Therefore, the regulation is no 

longer applicable and needs to be 

removed. It is unnecessary to publish a 

NPRM because drawbridge regulations 

are only used for bridges that have an 

operational span that is intended to be 

opened for the passage of waterway 

traffic. The Evergreen Point Floating 

Bridge identified in 33 CFR 117.1049 no 

longer exists and has been replaced by 

a bridge without an operational span. 

For the same reasons stated in the 

preceding paragraph, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective in less than 30 days after 

publication in the Federal Register. The 

bridge at issue no longer has an 

operational span and therefore has no 

need of a drawbridge regulation. The 

removal of the regulation will not affect 

mariners currently operating on this 

waterway. Therefore, a delayed effective 

date is unnecessary. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. 

The Evergreen Point Floating Bridge 

(SR–520 Floating Bridge) was removed 

and replaced with a fixed bridge in 

2016. The elimination of this 

drawbridge necessitates the removal of 

the drawbridge operation regulation (33 

CFR 117.1049) that pertains to the 

former drawbridge. The purpose of this 

rule is to remove the section of 33 CFR 

117.1049 that refers to the Evergreen 

Point Floating Bridge at mile 4.3 from 

the Code of Federal Regulations, 

because the bridge at that location is no 

longer has an operational span. 

IV. Discussion of Final Rule 

The Coast Guard is changing the 

regulation in 33 CFR 117.1049 by 

removing restrictions and the regulatory 

burden related to the draw operations 

for this bridge that is no longer a 

drawbridge. The change removes the 

regulation governing the Evergreen 

Point Floating Bridge since the bridge 

has been replaced with a fixed bridge. 

This final rule will update the Code of 

Federal Regulations by removing 

language that governs the operation of 

the Evergreen Point Floating Bridge, 

which in fact is no longer a drawbridge. 

This change does not affect waterway or 

land traffic. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive Orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive Orders. 

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. See OMB’s Memorandum 

‘‘Guidance Implementing Executive 

Order 13771, Titled ‘Reducing 


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Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 51767 

Regulation and Controlling Regulatory 

Costs’’’ (April 5, 2017). 

As previously explained, the 

Evergreen Point Floating Bridge was 

removed from Lake Washington and 

replaced with a fixed bridge in 2016 and 

no longer operates as a drawbridge. The 

removal of the operating schedule from 

33 CFR part 117, subpart B, will have 

no effect on the movement of waterway 

or land traffic, but will serve to remove 

an outdated and obsolete provision from 

the CFR. 

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 will not have a 

significant economic impact on a 

substantial number of small entities. 

For the reasons stated in section IV.A 

above this final rule would 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. 

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. 

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. 

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 

■ 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. 

§ 117.1049 [Removed] 

■ 2. Remove § 117.1049. 

David G. Throop, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2017–24292 Filed 11–7–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0982] 

RIN 1625–AA00 

Safety Zone; Mamala Bay, Oahu, HI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: On October 10, 2017, the 

commercial fishing vessel PACIFIC 

PARADISE ran aground off of the 

navigable waters of Mamala Bay 

approximately 400 yards southwest of 

Kaimana Beach, Oahu, Hawaii. The 

Coast Guard established a temporary 

safety zone around the grounded vessel 

to facilitate vessel salvage operations 

and on October 18, 2017, the safety zone 

was extended for two additional weeks. 

To date, the vessel remains grounded. 

Accordingly, effective November 1, 

2017, the Coast Guard extends the safety 

zone for an additional thirty days to 

facilitate ongoing salvage and 

subsequent removal operations. The 

extension of this safety zone is 

necessary to protect personnel, vessels 

and the marine environmental from 

potential hazards associated with 

ongoing operations to salvage and 

remove a grounded vessel in this area. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) Honolulu. 

DATES: This rule is effective without 

actual notice from November 8, 2017 


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