[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Proposed Rules]
[Pages 47242-47245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18741]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0526]
RIN 1625-AA09


Drawbridge Operation Regulation; Umpqua River, Reedsport, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the operating 
schedule that governs the U.S. 101 Umpqua River swing bridge, mile 
11.1, at Reedsport, OR. The proposed rule change is necessary to 
accommodate Oregon Department of Transportation's (ODOT) extensive 
bridge maintenance and restoration efforts. The bridge is currently 
scheduled to open on signal if at least two hours notice is given. ODOT 
proposes to only open the bridge with a minimum of six hours notice and 
will limit the openings to twice daily; once in the morning and once in 
the evening.

DATES: Comments and related material must reach the Coast Guard on or 
before September 4, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0526 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE.,

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Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5 
p.m., Monday through Friday, except federal holidays. The telephone 
number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule change, call or email Steven M. Fischer, Lieutenant Commander, 
Thirteenth District Bridge Program Office, Coast Guard, telephone 206-
220-7277; email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Barbara Hairston, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this proposed rulemaking by 
submitting comments and related materials. All comments received will 
be posted, without change to http://www.regulations.gov and will 
include any personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
proposed rulemaking (USCG-2013-0526), 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 (http://www.regulations.gov), or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2013-0526] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit them by mail 
and would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-0526) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC, 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    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 
Federal Register (73 FR 3316).

4. Public Meeting

    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 August 
20, 2013 using one of the four methods specified under ADDRESSES. 
Please explain 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.

B. Basis and Purpose

    The Oregon Department of Transportation (ODOT), who owns and 
operates this bridge, has requested a temporary change to the existing 
operating regulations of the U.S. 101 Umpqua River Bridge, at 
Reedsport, OR to facilitate restoration of the bridge. The restoration 
project will entail painting, rust removal, and steel repairs which 
require full containment to keep paint and debris out of the Umpqua 
River. The bridge swing span requires a containment system that is 
balanced in order to allow the bridge to open properly.
    In an effort to accommodate both the needs of the waterway and 
highway users and exercising good stewardship of public funding, ODOT 
requested a temporary rule change in order to reduce the burden on ODOT 
maintenance crews from repeatedly installing and uninstalling the 
containment system. The containment structure will extend ten feet 
below the bridge, reducing the existing clearance of the bridge from 
approximately 36 feet to approximately 26 feet at mean high tide.
    The current operating schedule will overburden construction crews 
in that if the bridge needs to open, the containment system will need 
to be cleaned out and disassembled on both side spans of the swing span 
due to the need to maintain proper balance between the spans. The 
estimated time to clean and disassemble the containment system is 
approximately 2 hours.
    To facilitate the bridge restoration work, and to minimize the 
impact on navigation, from December 1, 2013 to September 30, 2015 the 
drawbridge would operate as follows: the bridge shall be maintained in 
the closed position to perform maintenance; it would open twice daily, 
once at 7 a.m. and once at 6 p.m., only if an opening is requested at 
least six hours in advance.
    The U.S. 101 Umpqua River Bridge is a swing span drawbridge, near 
Reedsport, OR, located at waterway mile 11.1. In the closed position, 
this drawbridge has a vertical clearance of 36 feet above mean high 
tide. Vessel traffic along this part of the Umpqua River consists of 
vessels ranging from occasional commercial tug and barge to small 
pleasure craft. ODOT has examined bridge opening logs and contacted all 
waterway users that have requested bridge openings throughout the last 
two years. The input ODOT received from waterway users indicated that 
the proposed change will likely have a minimal impact on users, and 
ODOT has attempted to mitigate identified concerns by offering to 
provide a location for a limited number

[[Page 47244]]

of vessels up to 75' in length to dock during non-opening hours down 
river from the U.S. 101 Umpqua River Bridge at Salmon Harbor Marina.

C. Discussion of Proposed Rule

    The Coast Guard would temporarily revise the operating regulations 
at 33 CFR 117.893. The regulation currently states that the U.S. 101 
Umpqua River Bridge shall open on signal if at least two hours notice 
is given. The Coast Guard proposes to temporarily change the regulation 
such that from 7 a.m. on December 1, 2013 to 11:59 p.m. on September 
30, 2015, the draw of the US 101 Bridge, mile 11.1, at Reedsport, 
Oregon, shall open at 7 a.m. and 6 p.m. when at least 6 hours of 
advance notice is given.

D. Regulatory Analyses

    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.

1. Regulatory Planning and Review

    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 all requested bridge openings will be 
granted with advance notification and vessels that can safely transit 
under the bridge may do so at any time.

2. 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 
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 vessels needing to transit the bridge between 7 
a.m. and 6 p.m. Down river dock access will be made available during 
closure hours for vessels awaiting transit, and all vessels that can 
safely transit under the bridge may do so at any time.
    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.

3. 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. 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. 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.).

5. Federalism

    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.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and

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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 promulgates 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.

E. List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Amend temporarily Sec.  117.893 to read as follows:


Sec.  117.893  Umpqua River.

    (a) From 7 a.m. on December 1, 2013 to 11:59 p.m. on September 30, 
2015, the draw of the US 101 Bridge, mile 11.1, at Reedsport, Oregon, 
shall open at 7 a.m. and 6 p.m. when at least 6 hours of advance notice 
is given.

    Dated: July 23, 2013.
R.T. Gromlich,
Rear Admiral, U. S. Coast Guard Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2013-18741 Filed 8-2-13; 8:45 am]
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