Drawbridge Operation Regulation; Youngs Bay and Lewis and Clark River, Astoria, OR
| Published date | 20 December 2018 |
| Citation | 83 FR 65326 |
| Record Number | 2018-27526 |
| Section | Proposed rules |
| Court | Coast Guard,Homeland Security Department |
Federal Register, Volume 83 Issue 244 (Thursday, December 20, 2018)
[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Proposed Rules]
[Pages 65326-65328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27526]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the operating schedule that
governs three bridges in Astoria, OR: The US101 New Youngs Bay highway
bridge (New Youngs Bay Bridge), mile 0.7 crossing Youngs Bay; the
Oregon State Old Youngs Bay highway bridge (Old Youngs Bay Bridge),
mile 2.4, crossing Youngs Bay; and the Oregon State Lewis and Clark
River highway bridge (Lewis and Clark River Bridge), mile 1.0, crossing
the Lewis and Clark River. This NPRM will allow the bridge to open
during weekend hours after receiving a 2 hour advance notice. The
proposed modification will remove the draw tender during weekend hours
due to minimal usage.
DATES: Comments and related material must reach the Coast Guard on or
before January 22, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0131 using Federal eRulemaking Portal at http://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Steven M. Fischer, Bridge Administrator, Thirteenth
Coast Guard District Bridge Program Office, telephone 206-220-7282;
email d13-pf-d13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION:
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, Purpose and Legal Basis
The Coast Guard proposes revising the rule that governs three
bridges at Astoria, OR, the New Youngs Bay Bridge, the Old Youngs Bay
Bridge and the Lewis and Clark River Bridge. Due to infrequent
drawbridge opening requests from Friday evenings through Monday early
mornings, we propose opening the three highway bridges within Youngs
Bay and Lewis and Clark River with a two-hour advance notice. The New
Youngs Bay Bridge over five years had the most openings of 77 requests.
We published a test deviation for six months in the Federal Register
(83 FR 9430) on March 6, 2018, to collect data and comments for this
proposed rule titled Drawbridge Operation Regulation; Youngs Bay and
Lewis and Clark River. Only one comment was received, and that comment
was not related to the schedule change for the test deviation. We did
not receive any delay of opening complaints for the three subject
bridges during the test deviation. The three bridges are operated by
the Lewis and Clark River Bridge tender of the Oregon Department of
Transportation (ODOT). 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 three subject bridges operate per 33 CFR
117.899 to open on signal if at least one half-hour notice is given to
the draw tender at the Lewis and Clark River Bridge from 7 a.m. to 5
p.m. Monday through Friday, and from 8 a.m. to 4 p.m. on Saturday and
Sunday. This proposed rule will allow the three subject bridges to open
from Friday at 5 p.m. to Monday at 7 a.m. if at least a two-hour notice
is given by telephone to the draw tender at the Lewis and Clark River
Bridge. The purpose of this rulemaking is in regards to a request from
ODOT to remove the bridge operator to reduce operating cost. The Coast
Guard proposes this rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
This proposed rule amends 33 CFR 117.899 to provide specific
requirements for the operation of the
[[Page 65327]]
New Youngs Bay Bridge, the Old Youngs Bay Bridge and the Lewis and
Clark River Bridge. These specific requirements are in addition to or
vary from the general requirements that apply to all drawbridges across
the navigable waters of the United States. This proposed rule
reasonably accommodates waterway users while reducing ODOT's burden in
operating the bridges. We have not identified any impacts on marine
navigation with this proposed rule.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 for the bridges to open on signal
after receiving at least a two hour notice by telephone from Friday at
5 p.m. to Monday at 7 a.m. This proposed rule also applies to opening
the three subject bridges for marine vessels needing an opening due to
an emergency.
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
proposed 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 subject bridges may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator. 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed 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 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 proposed 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 proposed 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
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 proposed 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.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this proposed rule. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material
[[Page 65328]]
received during the comment period. Your comment can help shape the
outcome of this rulemaking. If you submit a comment, please include the
docket number for this rulemaking, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacynotice.
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 117.899 by revising paragraphs (a), (b) and (c) 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 but Columbus Day, the draw
shall open on signal if at least a two-hour notice is given to the draw
tender 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 Federal holidays with the exception
of Columbus Day, the draw shall open on signal if at least a two-hour
notice is given to the draw tender 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 Federal
holidays but Columbus Day, the draw shall open on signal if at least a
two-hour notice is given to the draw tender by telephone. The opening
signal shall be two prolonged blasts followed by one short blast.
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2018-27526 Filed 12-19-18; 8:45 am]
BILLING CODE 9110-04-P
