[Federal Register Volume 66, Number 196 (Wednesday, October 10, 2001)]
[Rules and Regulations]
[Pages 51557-51558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25426]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-01-006]
RIN 2115-AE47


Drawbridge Operations Regulations; Youngs Bay and Lewis and Clark 
River, OR

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operating 
regulations for these bridges: New Youngs Bay, mile 0.7, across Youngs 
Bay; Old Youngs Bay, mile 2.4, across Youngs Bay and the Lewis and 
Clark River Bridge, mile 1.0, across the Lewis and Clark River at 
Astoria, Oregon. This final rule requires that at least one half-hour 
notice must be provided for draw openings from 6 a.m. to 6 p.m. Monday 
through Friday and from 8 a.m. to 4 p.m. on Saturday and Sunday. At all 
other times four hours notice is required.

Effective Date: This rule is effective November 9, 2001.

ADDRESSES: Unless otherwise noted, documents referred to in this notice 
are available for inspection and copying at Commander (oan), Thirteenth 
Coast Guard District, 915 Second Avenue, Seattle, Washington 98174-
1067, room 3510 between 7:45 a.m. and 4:15 p.m., Monday through Friday, 
except federal holidays. The Bridge Section of the Aids to Navigation 
and Waterways Management Branch maintains the docket for this 
rulemaking.

FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief, Bridge Section, 
Aids to Navigation and Waterways Management Branch, Telephone (206) 
220-7282.

SUPPLEMENTARY INFORMATION: Regulatory Information
    On July 12, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Youngs Bay and Lewis 
and Clark River, Oregon, in the Federal Register (66 FR 36529). We 
received no comments in response to the notice of proposed rulemaking. 
No public hearing was requested and none was held.

Background and Purpose

    The current operating regulations for these drawbridges at 33 CFR 
117.899 requires that a half-hour notice for openings must be provided 
from 5 a.m. to 9 p.m. daily. This rule reduces the number of daily 
hours during which half-hour notice must be given and increases the 
period in which four-hour notice must be given. The number of requests 
for openings has decreased in recent years and specifically for those 
hours affected by this rule. This rule enables the bridge owner to 
reduce staffing for the half-hour notice periods and to apply these 
savings to maintenance.

Discussion of Comments and Changes

    The Coast Guard received no comments. No changes are made to this 
final rule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs an benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040; February 26, 
1979). This conclusion is based on the fact that the bridges will open 
at all times for vessel traffic if appropriate notice is given.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612) we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. ``Small entities'' comprises 
small businesses, not-for-profit organizations that are independently 
owned and operated and are not dominant in their fields, and government 
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. This conclusion is based on the fact that the bridges will 
open at any time if appropriate notice is given.

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).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of federal regulations that

[[Page 51558]]

require unfunded mandates. An unfunded mandate is a regulation that 
requires a state, local, or tribal government or the private sector to 
incur direct costs without the federal government's having first 
provided the funds to pay those unfunded mandate costs. This rule will 
not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and the 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This 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.

Protection of Children

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

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation because promulgation of changes to 
drawbridge regulations have been found to not have a significant effect 
on the environment. A written ``Categorical Exclusion Determination'' 
is not required for this final rule.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out 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; 49 CFR 1.46; 33 CFR 1.05-1-(g); 
section 117.25 also issued under the authority of Pub. L. 102-587, 
106 Stat. 5039.


    2. Section 117.899 is revised to read as follows:


Sec. 117.899  Youngs Bay and Lewis and Clark River.

    (a) The draw of the US101 (New Youngs Bay) highway bridge, mile 
0.7. across Youngs Bay at Smith Point shall open on signal for the 
passage of vessels if at least one half-hour notice is given to the 
drawtender at the Lewis and Clark River Bridge by marine radio, 
telephone, or other suitable means from 6 a.m. to 6 p.m. Monday through 
Friday and from 8 a.m. to 4 p.m. on Saturday and Sunday. At all other 
times at least a four-hour notice by telephone is required. The opening 
signal shall be two prolonged blasts followed by one short blast.
    (b) The draw of the Oregon State (Old Youngs Bay) highway bridge, 
mile 2.4, across Youngs Bay foot of Fifth Street, shall open on signal 
for the passage of vessels if at least one half-hour notice is given to 
the drawtender at the Lewis and Clark River Bridge by marine radio, 
telephone, or other suitable means from 6 a.m. to 6 p.m. Monday through 
Friday and from 8 a.m. to 4 p.m. Saturday and Sunday. At all other 
times at least a four-hour notice is telephone is required. The opening 
signal is two prolonged blasts followed by one short blast.
    (c) The draw of the Oregon State (Lewis and Clark River) highway 
bridge, mile 1.0, across the Lewis and Clark River, shall open on 
signal for the passage of vessels if at least one half-hour notice is 
given by marine radio, telephone, or other suitable means from 6 a.m. 
to 6 p.m. Monday through Friday and from 8 a.m. to 4 p.m. on Saturday 
and Sunday. At all other times at least a four-hour notice is required. 
The opening signal is one prolonged blast followed by four short 
blasts.

    Dated: October 1, 2001.
Erroll Brown,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 01-25426 Filed 10-9-01; 8:45 am]
BILLING CODE 4910-15-P