[Federal Register Volume 75, Number 51 (Wednesday, March 17, 2010)]
[Rules and Regulations]
[Pages 12686-12688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5761]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0839]
RIN 1625-AA09


Drawbridge Operation Regulation; Bullards Ferry Bridge, Coquille 
River, Bandon, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is temporarily changing the drawbridge 
operation regulation for the U.S. Highway 101 Bullards Ferry Bridge 
that crosses over the Coquille River at mile 3.5 near Bandon, Oregon so 
that the vertical lift span will not need to open for ten months while 
the bridge is being painted. The rule is necessary to ensure that the 
painting operation will not be disrupted by bridge openings. The bridge 
has not had to be opened for a vessel in seven years.

DATES: This temporary final rule is effective from May 1, 2010 until on 
March 1, 2011.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2009-0839 and are available online by 
going to http://www.regulations.gov, inserting USCG-2009-0839 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Austin Pratt, Chief, Bridge Section, 
Waterways Management Branch, Thirteenth Coast Guard District; telephone 
206-220-7282, e-mail [email protected]. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 10, 2009, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Bullards Ferry Bridge, 
Bandon, OR, in the Federal Register (74

[[Page 12687]]

FR 65497). We received no comments on the proposed rule. No public 
meeting was requested, and none was held.

Background and Purpose

    The temporary rule enables the Oregon Department of Transportation 
to install debris containment on the U.S. Highway 101 Bullards Ferry 
Bridge that crosses over the Coquille River at mile 3.5 near Bandon, 
Oregon, including the vertical lift towers, while it is being painted. 
By keeping the drawspan closed, no part of this containment system 
would need to be dismantled during the painting operation. This would 
also affect the design of the containment.
    Normally, the Coast Guard does not authorize closures of this 
duration. However, the vertical lift span of this bridge has not been 
requested to open for a vessel in more than seven years. The 
recreational boating traffic that plies the Coquille River is able to 
pass under the lift span in its closed position. The span provides 
approximately 28 feet of clearance at high water and 35 feet at low. 
When open the draw span can provide more than 45 additional feet of 
clearance.
    The operating regulations currently in effect for the bridge are 
found at 33 CFR 117.875. The regulation requires that at least two 
hours notice be given for all openings.

Discussion of Comments and Changes

    No comments on this temporary rule were received and no changes 
were made to the rule as proposed in the NPRM.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or excutive orders.

Regulatory Planning and Review

    This 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. The Coast Guard has made this finding 
based on the fact that the rule will have no known impact on the 
maritime public.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 because it will have no known impact on any 
vessel traffic.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    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.

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

    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 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 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 rule would not effect 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 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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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 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. The Administrator of Information and Regulatory Affairs has not 
designated this 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

[[Page 12688]]

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 concluded 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 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.

List of Subjects in 33 CFR Part 117

    Bridges.

0
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; Department of Homeland 
Security Delegation No. 0170.1.


0
2. From May 1, 2010 to March 1, 2011, temporarily suspend Sec.  117.875 
and temporarily add Sec.  117.876T to read as follows:


Sec.  117.876T  Coquille River.

    The draws of the U.S. 101 highway bridge, mile 3.5 at Bandon, 
Oregon, need not open for the passage of vessels from May 1, 2010 to 
March 1, 2011.

    Dated: March 2, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2010-5761 Filed 3-16-10; 8:45 am]
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