[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Rules and Regulations]
[Pages 18140-18142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08708]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0131]
RIN 1625-AA09


Drawbridge Operation Regulation; Youngs Bay and Lewis and Clark 
River, Astoria, OR

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs three bridges in Astoria, OR: The US101 (New Youngs Bay) 
highway bridge (New Youngs Bay Bridge), mile 0.7 across Youngs Bay; the 
Oregon State (Old Youngs Bay) highway bridge (Old Youngs Bay Bridge), 
mile 2.4, across Youngs Bay; and the Oregon State (Lewis and Clark 
River) highway bridge (Lewis and Clark River Bridge), mile 1.0, across 
the Lewis and Clark River. This modification will remove the weekend 
bridge operator and allow the bridge to open during the weekend only 
after receiving a 2 hour advance notice.

DATES: This rule is effective May 30, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2018-0131 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 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:

[[Page 18141]]

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
ODOT Oregon Department of Transportation
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 20, 2018, we published a notice of proposed rulemaking 
entitled ``Drawbridge Operation Regulation; Youngs Bay and Lewis and 
Clark River, Astoria, OR,'' in the Federal Register (83 FR 65326). This 
notice of proposed rulemaking was preceded by a six month test 
deviation published in the Federal Register (83 FR 9430) on March 6, 
2018. We received two comments on this rule, though neither comment 
pertained to the operation or proposed schedule change of the three 
subject bridges.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
Youngs Bay provides no alternate route to pass around the three subject 
bridges. The New Youngs Bay Bridge provides 39 feet of vertical 
clearance at mean high water, the Old Youngs Bay Bridge provides 24 
feet of vertical clearance at mean high water, and the Lewis and Clark 
River Bridge provides 25 feet of vertical clearance at mean high water. 
The Oregon Department of Transportation (ODOT) owns and operates the 
three bridges. The three subject bridges operate per 33 CFR 117.899.
    Due to infrequent drawbridge opening requests between Friday 
evening and Monday morning, ODOT has requested to remove the bridge 
operator and open the three subject highway bridges with a two hour 
advance notice during the weekend. This rule will remove the weekend 
bridge operator for the Lewis and Clark River Bridge that operates the 
New Youngs Bay Bridge, Old Youngs Bay Bridge and Lewis and Clark River 
Bridge. This rule reasonably accommodates waterway users while reducing 
ODOT's burden in operating the bridges.
    Vessels operating on Youngs Bay and the Lewis and Clark River range 
from small recreational vessels, sailboats, tribal fishing boats and 
small commercial fishing vessels. Vessels able to pass through the 
subject bridges with the draw in the closed-to-navigation position may 
do so at any time.

IV. Discussion of Comments, Changes and the Final Rule

    We provided a comment period of 30 days during the notice of 
proposed rulemaking and two comments were received. Neither comment was 
related to the schedule change for the test deviation or final rule. 
This rule modifies the operating schedule by removing the bridge 
operator from 5 p.m. Friday to 7 a.m. Monday. The New Youngs Bay 
Bridge, Old Youngs Bay Bridge and Lewis and Clark River Bridge will 
require that a two-hour notice is given by telephone to ODOT. The phone 
number to use for a bridge opening is posted at the three subject 
bridges, and the Coast Guard will publish the phone number and this 
rule in the Local Notice to Mariners (LNM) for six months after the 
approval date. In addition to the LNM, the bridge operator's phone 
number will be added to the Coast Pilot. This rule amends 33 CFR 
117.899 to provide specific requirements for the operation of the New 
Youngs Bay Bridge, the Old Youngs Bay Bridge and the Lewis and Clark 
River Bridge.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analysis 
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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance, it is exempt 
from the requirements of Executive Order 13771. This regulatory action 
determination is based on the ability that vessels can still transit 
the bridge given advanced notice. This rule also applies to emergency 
openings.

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 
would not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit 
under the bridges may be small entities, for the reasons stated in 
section V.A above, this rule will not have a significant economic 
impact on any vessel owners or operators.
    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 calls 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 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 is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.

[[Page 18142]]

    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. We 
have not received any comments for this rule change.

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. We have not received any comments for this rule change.

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 
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. A Record of Environmental Consideration and a Memorandum 
for the Record 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. Revise Sec.  117.899 to read as follows:


Sec.  117.899  Youngs Bay and Lewis and Clark River.

    (a) The draw of the US101 (New Youngs Bay) highway bridge, mile 
0.7, across Youngs Bay at Smith Point, shall open on signal for the 
passage of vessels if at least one half-hour notice is given to the 
draw tender 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. During all other times, including weekends from 5 p.m. on 
Friday until 7 a.m. on Monday, and all Federal holidays except Columbus 
Day, the draw shall open on signal if at least a two-hour notice is 
given to the Oregon Department of Transportation (ODOT) by telephone. 
The opening signal shall be two prolonged blasts followed by one short 
blast.
    (b) The draw of the Oregon State (Old Youngs Bay) highway bridge, 
mile 2.4, across Youngs Bay foot of Fifth Street, shall open on signal 
for the passage of vessels if at least one half-hour notice is given to 
the draw tender 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. During all other times, including weekends from 5 p.m. on 
Friday until 7 a.m. on Monday, and all Federal holidays except Columbus 
Day, the draw shall open on signal if at least a two-hour notice is 
given to ODOT by telephone. The opening signal shall be two prolonged 
blasts followed by one short blast.
    (c) The draw of the Oregon State (Lewis and Clark River) highway 
bridge, mile 1.0, across the Lewis and Clark River, shall open on 
signal for the passage of vessels if at least one half-hour notice is 
given by marine radio, telephone, or other suitable means from 7 a.m. 
to 5 p.m. Monday through Friday. During all other times, including 
weekends from 5 p.m. on Friday until 7 a.m. on Monday, and all Federal 
holidays except Columbus Day, the draw shall open on signal if at least 
a two-hour notice is given to ODOT by telephone. The opening signal 
shall be two prolonged blasts followed by four short blast.

David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2019-08708 Filed 4-29-19; 8:45 am]
 BILLING CODE 9110-04-P