[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Rules and Regulations]
[Pages 28018-28019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10772]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0090]
RIN 1625-AA09


Drawbridge Operation Regulation; Youngs Bay, Astoria, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the operating schedule 
that governs the Oregon State (Old Youngs Bay) highway bridge, mile 
2.4, across Youngs Bay foot of Fifth Street at Astoria, OR. The Oregon 
Department of Transportation (ODOT) requested to change the operating 
schedule of the Old Youngs Bay Bridge for work on both bascule lifts. 
This change will allow ODOT to operate the double bascule draw in 
single leaf mode, one lift at a time, which will reduce the vertical 
clearance of the non-operable half of the span by five feet.

DATES: This temporary final rule is effective from 12 a.m. on June 16, 
2016 through 11:59 p.m. on October 31, 2016.

ADDRESSES:  To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0090 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code
ODOT Oregon State Department of Transportation
TFR Temporary Final Rule

II. Background, Purpose and Legal Basis

    The Coast Guard is issuing this temporary final rule (TFR) without 
prior notice and opportunity to comment pursuant to authority under 
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). This provision authorizes an agency to issue a rule without 
prior notice and opportunity to comment when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast 
Guard finds that good cause exists for not publishing a notice of 
proposed rulemaking (NPRM) with respect to this rule because to do so 
would be unnecessary. This deviation is already in place and waterway 
users are already acting in accordance with the schedule with no actual 
or anticipated impacts. Additionally, in response to the initial 
request from the ODOT, the Coast Guard published a notice of deviation 
on February 3, 2016, 81 FR 6758, which temporarily changed the 
operating schedule of the Old Youngs Bay Bridge through June 15, 2016. 
The Coast Guard contacted known waterway users who indicated such a 
deviation would have no significant impact. Therefore, it is 
unnecessary to provide an opportunity for notice and comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The ODOT owns and operates the Old Youngs Bay Bridge in accordance with 
33 CFR 117.899(b). This bridge provides a vertical clearance 
approximately 19 feet above mean high water when in the closed-to-
navigation position. ODOT is conducting bridge repairs, which are 
scheduled to be complete on October 31, 2016. In order to facilitate 
bridge repairs, one half of the double bascule bridge will have a 
containment system installed on the non-opening half of the span. This 
containment system will reduce the vertical clearance of the bridge by 
5 feet, or 14 feet above mean high water. Both the previous notice of 
temporary deviation and this TFR allow the drawtender to open only half 
the draw span in single leaf mode.
    Marine traffic on Youngs Bay consists of vessels ranging from small 
pleasure craft, sailboats, small tribal fishing boats, and commercial 
tug and tow, and mega yachts.

IV. Discussion of the Rule

    We are amending 33 CFR 117.899 to indicate that half of the double 
bascule span of the Youngs Bay Bridge will be opened instead of both 
spans once notice has been provided to the drawtender at the Lewis and 
Clark River Bridge. The draw span will be operable from 7 a.m. to 5 
p.m. on weekdays and from 8 a.m. to 4 p.m. on weekends. This amendment 
will be in effect from 12 a.m. on June 16, 2016 through 11:59 p.m. on 
October 31, 2016, after which the bridge will be able to open both 
spans as before. The TFR is necessary to accommodate extensive 
maintenance and restoration efforts on the Old Youngs Bay Bridge. The 
TFR will allow construction workers to complete bridge and highway 
upgrades before winter, while having minimal impact on maritime 
navigation.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders (E.O.(s)) related to rulemaking. Below we summarize 
our analyses based on these statutes and E.O.(s), and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O. 12866 and E.O. 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget. This regulatory action 
determination is based

[[Page 28019]]

on the ability of the Old Youngs Bay Bridge to open half the span on 
signal.

B. 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 rule 
will not have a significant economic impact on a substantial number of 
small entities. While some owners or operators of vessels intending to 
transit the bridge may be small entities, for the reasons stated in 
section V.A above, this rule would not have a significant economic 
impact on any vessel owner or operator.
    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.

C. Collection of Information

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

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under E.O. 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 is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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.

E. 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 expenditure, we do discuss the effects of this proposed rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 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. 
Normally such actions are categorically excluded from further review, 
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.

G. 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.

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. In Sec.  117.899, from 12 a.m. on June 16, 2016 through 11:59 p.m. 
on October 31, 2016, suspend paragraph (b) and add a paragraph (d).
    The addition reads as follows:


Sec.  117.899  Youngs Bay and Lewis and Clark River.

* * * * *
    (d) The draw of the Oregon State (Old Youngs Bay) highway bridge, 
mile 2.4, across Youngs Bay foot of Fifth Street, shall open half of 
the double bascule span 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 7 a.m. to 5 p.m. Monday through Friday and from 8 a.m. to 4 p.m. 
Saturday and Sunday through October 31, 2016. At all other times, 
including all Federal holidays, but Columbus Day, at least a two-hour 
notice by telephone is required. The opening signal is two prolonged 
blasts followed by one short blast.

R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2016-10772 Filed 5-6-16; 8:45 am]
 BILLING CODE 9110-04-P