[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Rules and Regulations]
[Pages 9970-9971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02603]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0968]
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 highway bridge across Youngs Bay foot of 
Fifth Street (Old Youngs Bay Bridge), mile 2.4, at Astoria, OR. The 
Oregon Department of Transportation (ODOT) requested to change the 
operating schedule of the Old Youngs Bay Bridge for several months 
while work is performed on the north bascule lift. This change will 
allow ODOT to operate the double bascule draw in single leaf mode, one 
lift at a time, and reduce the vertical clearance of the non-operable 
half of the span by five feet.

DATES: This temporary final rule is effective from 7 a.m. on March 1, 
2017 to 5 p.m. on October 31, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0968 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
FR Federal Register
TFR Temporary Final Rule
Sec.  Section
U.S.C. United States Code
ODOT Oregon State Department of Transportation

II. Background, Purpose and Legal Basis

    On November 25, 2016, we published a notice of proposed rulemaking 
entitled Drawbridge Operation Regulation; Youngs Bay, Astoria, OR in 
the Federal Register (81 FR 85201). We received no comments on the 
proposed rule.

III. Legal Authority and Need for Rule

    The Coast guard is issuing this rule under authority 33 U.S.C. 499.
    The Old Youngs Bay Bridge across Youngs Bay foot of Fifth Street, 
mile 2.4, at Astoria, OR, has a vertical clearance of 19 feet above 
mean high water when in the closed-to-navigation position. The bridge 
operates in accordance with 33 CFR 117.899(b). ODOT requested to change 
the operating schedule of the Old Youngs Bay Bridge for several months 
while work is performed on the north bascule lift.
    This temporary rule will allow ODOT to operate the double bascule 
draw in single leaf mode, one lift at a time. One half of the double 
bascule bridge will have a containment system installed on the north 
half of the span, which will reduce the vertical clearance by 5 feet 
from 19 feet above mean high water to 14 feet above mean high water on 
the non-operable half of the span. Adjusting the existing drawbridge 
regulation will allow construction workers to complete bridge and 
highway upgrades before winter of 2017, while having minimal impact on 
maritime navigation, and no alternate routes are on this part of Youngs 
Bay into Youngs River. 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 Comments, Changes and the Temporary Final Rule

    We provided a comment period of 30 days, no comments were received. 
This rule will temporarily amend 33 CFR 117.899(b) by allowing the 
south lift only to open in single leaf mode, and suspend a full 
opening.

V. 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 and Executive Orders, and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting

[[Page 9971]]

flexibility. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, it has 
not been reviewed by the Office of Management and Budget. This 
regulatory action determination is based on the ability for the Old 
Youngs Bay Bridge to open half the span on signal, and not delay 
passage of any mariner. Vessels not requiring an opening may pass under 
the bridge at any time. The north lift vertical clearance will be 
reduced as explained in paragraph III. No alternate routes are 
available on this part of Youngs Bay.

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 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.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section IV.A 
above, this rule will 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 Executive Order 
13132.
    Also, 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.

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 rule elsewhere in 
this preamble.

F. 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 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 rule simply promulgates the 
operating regulations or procedures for drawbridges. This action is 
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; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Amend Sec.  117.899 by suspending paragraph (b) and adding paragraph 
(d) to read 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 the south 
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 from March 1, 2017 to October 31, 
2017. 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.

    Dated: January 18, 2017.
Mark Butt,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2017-02603 Filed 2-8-17; 8:45 am]
BILLING CODE 9110-04-P