[Federal Register Volume 71, Number 208 (Friday, October 27, 2006)]
[Proposed Rules]
[Pages 62955-62957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17971]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD13-06-048]
RIN 1625-AA09


Drawbridge Operation Regulations; Youngs Bay and Lewis and Clark 
River, Astoria, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating regulations 
for the New Youngs Bay, Old Youngs Bay, and the Lewis and Clark River 
Drawbridges near Astoria, Oregon. This change is requested by the 
Oregon Department of Transportation (ODOT), owner of the bridges, due 
to reduced demand for draw openings.

DATES: Comments and related material must reach the Coast Guard on or 
before November 27, 2006.

ADDRESSES: You may mail comments and related material to Commander 
(dpw), 13th Coast Guard District, 915 Second Avenue, Seattle, WA 98174-
1067 where the public docket for this rulemaking is maintained. 
Comments and material received from the public, as well as documents 
indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying at the Aids to Navigation and Waterways Management Branch 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief Bridge Section, 
(206)220-7282.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD13-06-
048], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

[[Page 62956]]

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Aids to Navigation and 
Waterways Management Branch at the address under ADDRESSES explaining 
why one would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

Background and Purpose

    The vertical lift of the New Youngs Bay Bridge, mile 0.7, when 
closed, provides 39.4 feet of vertical clearance above mean high water 
and 74.4 feet when open. The Old Youngs Bay bascule span, mile 2.4, 
provides 20 feet when closed and unlimited vertical clearance when 
open. The Lewis and Clark River Bridge, mile 1.0, provides 25 feet of 
clearance when closed and unlimited when open. The operating 
regulations currently in effect for these drawbridges at 33 Code of 
Federal Regulations 117.899 provide that the spans shall open for the 
passage of vessels from 6 a.m. to 6 p.m. Monday through Friday, and 8 
a.m. to 4 p.m. Saturday and Sunday, if notice is given at least one 
half-hour in advance. At all other times, at least four hours advance 
notice must be given. The proposed rule would enable the bridge owner 
to reduce the shifts for staffing the drawbridges.

Discussion of Proposed Rule

    The proposed rule would change the period on Monday through Friday 
during which notice must be given at least one half-hour in advance to 
7 a.m. to 5 p.m. The requirement for at least one-half hour advance 
notice from 8 a.m. to 4 p.m. on Saturdays and Sundays would not be 
changed. Additionally, on all Federal holidays except Columbus Day, 
notice will be required at least two hours in advance. At all other 
times, notice will be required at least two hours in advance, instead 
of the currently required four hours advance notice.
    Most of the vessels which require openings of the New Youngs Bay 
Bridge and the Lewis and Clark River Bridge are clients of Astoria 
Marine Construction, a company which repairs vessels. Generally, the 
arrival and departure of these vessels has not been hindered by the 
requirement to provide notice for openings.
    The proposed rule would effectively reduce the half-hour notice 
period on Monday through Friday by two hours. Only a small percentage 
of the total openings of the three drawbridges occurred during these 
periods (Monday through Friday 6-7 a.m. and 5-6 p.m.). Less than 10 
percent of the total number of openings by these three bridges occurred 
during those hours. Records from 2002 through 2005 showed that openings 
during those hours varied from a low of 6 percent of total opening to a 
high of 9 percent. The annual total number of openings at these 
particular hours ranged from 64 in 2002 to 47 in 2005. Openings on 
Federal holidays comprised only 1 to 2 percent of the total annual 
openings from 2002 to 2005.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and 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 
Homeland Security.We expect the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation is unnecessary. The 
single commercial boat yard, which is the destination for most vessels 
that pass through the bridges, has indicated that they can tolerate the 
proposed changes.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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. We expect few vessel operators will be 
inconvenienced by the proposed operating schedule as it quite similar 
to operating regulations that have been in effect without complaint for 
several years.
    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 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Austin Pratt, Chief, Bridge 
Section, at (206) 220-7282.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.)

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 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.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    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.

[[Page 62957]]

Protection of Children

    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.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed 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. The Administrator of the Information and Regulatory Affairs 
has not designated it as a significant energy action. Therefore, it 
does not require a Statement of Energy Effects under Executive Order 
13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD and Department of Homeland Security Management Directive 
5100.1, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, we believe this proposed rule should be 
categorically excluded, under figure 2-1, paragraph (32)(e) of the 
Instruction, from further environmental documentation. 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. However, comments on this section will be 
considered before the final rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Revise Sec.  177.899 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 notice is given at least one half-hour in advance to the 
drawtender at the Lewis and Clark River Bridge by marine radio, 
telephone, or other suitable means from 7 a.m. to 5 p.m. Monday through 
Friday and from 8 a.m. to 4 p.m. on Saturday and Sunday. At all other 
times, including all federal holidays except Columbus Day, notice is 
required by telephone at least two hours in advance. 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 at the foot of Fifth Street, shall open on 
signal for the passage of vessels if notice is given at least one half-
hour in advance to the drawtender at the Lewis and Clark River Bridge 
by marine radio, telephone, or other suitable means from 7 a.m. to 5 
p.m. Monday through Friday and from 8 a.m. to 4 p.m. Saturday and 
Sunday. At all other times, including all federal holidays except 
Columbus Day, notice is required by telephone at least two hours in 
advance. 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 notice is given at least one half-
hour in advance by marine radio, telephone, or other suitable means 
from 7 a.m. to 5 p.m. Monday through Friday and from 8 a.m. to 4 p.m. 
on Saturday and Sunday. At all other times, including all federal 
holidays except Columbus Day, notice is required by telephone at least 
two hours in advance. The opening signal is one prolonged blast 
followed by four short blasts.

    Dated: October 13, 2006.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, District Commander,Thirteenth Coast 
Guard District.
 [FR Doc. E6-17971 Filed 10-26-06; 8:45 am]
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