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

CourtCoast Guard
Citation84 FR 18140
Record Number2019-08708
SectionRules and Regulations
Published date30 April 2019
Federal Register, Volume 84 Issue 83 (Tuesday, April 30, 2019)
[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
                

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