[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