[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Pages 70220-70222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28040]
[[Page 70220]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0526]
RIN 1625-AA09
Drawbridge Operation Regulation; Umpqua River, Reedsport, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the U.S. 101 Umpqua river swing bridge, mile
11.1, at Reedsport, OR. The rule change is necessary to accommodate
Oregon Department of Transportation's (ODOT) extensive bridge
maintenance and restoration efforts. The bridge is currently scheduled
to open on signal if at least two hours notice is given. The ODOT will
only open the bridge with a minimum of six hours notice and will limit
the openings to twice daily; once in the morning and once in the
evening.
DATES: This temporary final rule is effective from 7 a.m. on December
1, 2013 to 11:59 p.m. on September 30, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0526]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email call or email Steven M. Fischer,
Thirteenth District Bridge Program Office, Coast Guard, telephone 206-
220-7282; email [email protected]. If you have questions on
viewing the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. Regulatory History and Information
On August 5, 2013 the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Drawbridge Operation Regulation; Umpqua
River, Reedsport, OR in the Federal Register (77 FR 47242). We received
0 comments on the proposed rule. No public meeting was requested, and
none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The NPRM produced 0 comments and
all waterway users of the bridge have been contacted and agreed to the
Oregon Department of Transportation renovation plan.
B. Basis and Purpose
The U.S. 101 Umpqua River Bridge is a swing span drawbridge, near
Reedsport, OR, located at waterway mile 11.1. In the closed position,
this drawbridge has a vertical clearance of 36 feet above mean high
tide. The current operating regulations states that the U.S. 101 Umpqua
River Bridge shall open on signal if at least two hours notice is
given. The vessel traffic along this part of the Umpqua River consists
of vessels ranging from occasional commercial tug and barge to small
pleasure craft. The Oregon Department of Transportation (ODOT) has
examined bridge opening logs and contacted all waterway users that have
requested bridge openings throughout the last two years. The input ODOT
received from waterway users indicated that the change will likely have
a minimal impact on users, and ODOT has identified and mitigated
concerns by offering to provide a location for a limited number of
vessels up to 75' in length to dock during non-opening hours down river
from the U.S. 101 Umpqua River Bridge at Salmon Harbor Marina.
The ODOT, who owns and operates this bridge, has requested a
temporary change to the existing operating regulations of the U.S. 101
Umpqua River Bridge, at Reedsport, OR to facilitate restoration of the
bridge. The restoration project will entail painting, rust removal, and
steel repairs which require full containment to keep paint and debris
out of the Umpqua River. The bridge swing span requires a containment
system that is balanced in order to allow the bridge to open properly.
The containment structure will extend ten feet below the bridge,
reducing the existing clearance of the bridge from approximately 36
feet to approximately 26 feet at mean high tide.
C. Discussion of Comments, Changes and the Temporary Final Rule
The Coast Guard provided a 30 day comment period on the notice of
proposed rulemaking and no comments were received.
The Temporary Final Rule modifies the operating regulation for the
US 101 Umpqua River Bridge and requires that the bridge will only open
twice daily, once at 7 a.m. and once at 6 p.m., and only if an opening
is requested at least six hours in advance. This differs from the
existing regulation in that the presently the bridge will open at all
times (except during authorized closure periods) provided that two
hours advanced notice is given. This amendment is necessary to increase
efficiencies for the ODOT construction crews and accommodate both the
needs of the waterway and highway users while exercise good stewardship
of public funding during ODOT extensive bridge maintenance and
restoration efforts from December 2013 through September 2015. This
will be accomplished by eliminating the current open-on-demand
regulation which would require the ODOT construction crews from
repeatedly installing and uninstalling the containment system which
needs to be cleaned out and disassembled on both sides of the swing
span due to the need to maintain proper balance between the spans. The
estimated time to clean and disassemble the containment system is
approximately 2 hours.
We did make a change from what we proposed in the NPRM. We revised
the amendatory instructions so that paragraph (a) of 33 CFR 117.893,
which governs the current schedule for the draw of the US 101 Bridge,
mile 11.1, at Reedsport, Oregon, is suspended for the duration of the
rule, and a paragraph (d), reading the same as the revised paragraph we
proposed in the NPRM, is added for the duration of the rule. This will
achieve the intended result of the schedule reverting back to the
current schedule after ODOT extensive bridge maintenance and
restoration efforts are completed and this rule expires.
D. 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 or executive orders.
[[Page 70221]]
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
The Coast Guard bases this finding on the facts that all impacted
vessels will be granted with advance notification and that ODOT has
agreed to docking location for a limited number of vessels up to 75' in
length to dock during non-opening hours down river from the U.S. 101
Umpqua River Bridge at Salmon Harbor Marina.
2. 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 because all vessels asking for an
opening will receive an opening. Additionally, because the bridge
provides 36 feet of vertical clearance when it is in the closed
position vessels which do not require and opening to pass beneath the
bridge may do so at any time.
3. Assistance for Small Entities
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.
4. 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).
5. Federalism
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 does not have implications for federalism.
The Coast Guard provided a 30-day comment period and no comments
were received, therefore our determination that this rule does not have
implications for federalism remains unchanged.
6. 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.
7. 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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble. The Coast Guard provided a 30-day comment period and
no comments were received, therefore our determination that this rule
does not have implications for Unfunded Mandate Reform Act remains
unchanged.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 concluded
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 regulation for
a drawbridge. This rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
[[Page 70222]]
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.
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; Department of Homeland
Security Delegation No. 0170.1.
0
2. Amend Sec. 117.893 by suspending paragraph (a) and adding paragraph
(d) to read as follows:
Sec. 117.893 Umpqua River.
* * * * *
(d) From 7 a.m. on December 1, 2013 to 11:59 p.m. on September 30,
2015, the draw of the US 101 Bridge, mile 11.1, at Reedsport, Oregon,
shall open at 7 a.m. and 6 p.m. when at least 6 hours of advance notice
is given.
Dated: November 6, 2013.
R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2013-28040 Filed 11-22-13; 8:45 am]
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