[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Pages 70220-70222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28040]



[[Page 70220]]

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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: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the U.S. 101 Umpqua river swing bridge, mile 
11.1, at Reedsport, OR. The 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. The ODOT will 
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: This temporary final rule is effective from 7 a.m. on December 
1, 2013 to 11:59 p.m. on September 30, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0526]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email call or email Steven M. Fischer, 
Thirteenth District Bridge Program Office, Coast Guard, telephone 206-
220-7282; email [email protected]. If you have questions on 
viewing 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. Regulatory History and Information

    On August 5, 2013 the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Drawbridge Operation Regulation; Umpqua 
River, Reedsport, OR in the Federal Register (77 FR 47242). We received 
0 comments on the proposed rule. No public meeting was requested, and 
none was held.
    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 NPRM produced 0 comments and 
all waterway users of the bridge have been contacted and agreed to the 
Oregon Department of Transportation renovation plan.

B. Basis and Purpose

    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. The current operating regulations states that the U.S. 101 Umpqua 
River Bridge shall open on signal if at least two hours notice is 
given. The vessel traffic along this part of the Umpqua River consists 
of vessels ranging from occasional commercial tug and barge to small 
pleasure craft. The Oregon Department of Transportation (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 change will likely have 
a minimal impact on users, and ODOT has identified and mitigated 
concerns by offering to provide a location for a limited number 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.
    The 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.
    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.

C. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard provided a 30 day comment period on the notice of 
proposed rulemaking and no comments were received.
    The Temporary Final Rule modifies the operating regulation for the 
US 101 Umpqua River Bridge and requires that the bridge will only open 
twice daily, once at 7 a.m. and once at 6 p.m., and only if an opening 
is requested at least six hours in advance. This differs from the 
existing regulation in that the presently the bridge will open at all 
times (except during authorized closure periods) provided that two 
hours advanced notice is given. This amendment is necessary to increase 
efficiencies for the ODOT construction crews and accommodate both the 
needs of the waterway and highway users while exercise good stewardship 
of public funding during ODOT extensive bridge maintenance and 
restoration efforts from December 2013 through September 2015. This 
will be accomplished by eliminating the current open-on-demand 
regulation which would require the ODOT construction crews from 
repeatedly installing and uninstalling the containment system which 
needs to be cleaned out and disassembled on both sides 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.
    We did make a change from what we proposed in the NPRM. We revised 
the amendatory instructions so that paragraph (a) of 33 CFR 117.893, 
which governs the current schedule for the draw of the US 101 Bridge, 
mile 11.1, at Reedsport, Oregon, is suspended for the duration of the 
rule, and a paragraph (d), reading the same as the revised paragraph we 
proposed in the NPRM, is added for the duration of the rule. This will 
achieve the intended result of the schedule reverting back to the 
current schedule after ODOT extensive bridge maintenance and 
restoration efforts are completed and this rule expires.

D. Regulatory Analyses

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

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1. Regulatory Planning and Review

    This 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 bases this finding on the facts that all impacted 
vessels will be granted with advance notification and that ODOT has 
agreed to docking location for a limited number 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.

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 received no comments from the Small Business 
Administration on this rule. 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 because all vessels asking for an 
opening will receive an opening. Additionally, because the bridge 
provides 36 feet of vertical clearance when it is in the closed 
position vessels which do not require and opening to pass beneath the 
bridge may do so at any time.

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 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.

4. 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).

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 rule under that Order and have 
determined that it does not have implications for federalism.
    The Coast Guard provided a 30-day comment period and no comments 
were received, therefore our determination that this rule does not have 
implications for federalism remains unchanged.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble. The Coast Guard provided a 30-day comment period and 
no comments were received, therefore our determination that this rule 
does not have implications for Unfunded Mandate Reform Act remains 
unchanged.

8. Taking of Private Property

    This rule will 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 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 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 create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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 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 action 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 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 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 simply promulgates the operating regulation for 
a drawbridge. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.

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    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.

    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. Amend Sec.  117.893 by suspending paragraph (a) and adding paragraph 
(d) to read as follows:


Sec.  117.893  Umpqua River.

* * * * *
    (d) 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: November 6, 2013.
 R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2013-28040 Filed 11-22-13; 8:45 am]
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