[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Rules and Regulations]
[Pages 28018-28019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10772]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2016-0090]
RIN 1625-AA09
Drawbridge Operation Regulation; Youngs Bay, Astoria, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily changing the operating schedule
that governs the Oregon State (Old Youngs Bay) highway bridge, mile
2.4, across Youngs Bay foot of Fifth Street at Astoria, OR. The Oregon
Department of Transportation (ODOT) requested to change the operating
schedule of the Old Youngs Bay Bridge for work on both bascule lifts.
This change will allow ODOT to operate the double bascule draw in
single leaf mode, one lift at a time, which will reduce the vertical
clearance of the non-operable half of the span by five feet.
DATES: This temporary final rule is effective from 12 a.m. on June 16,
2016 through 11:59 p.m. on October 31, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0090 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
temporary final 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:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
ODOT Oregon State Department of Transportation
TFR Temporary Final Rule
II. Background, Purpose and Legal Basis
The Coast Guard is issuing this temporary final rule (TFR) without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because to do so
would be unnecessary. This deviation is already in place and waterway
users are already acting in accordance with the schedule with no actual
or anticipated impacts. Additionally, in response to the initial
request from the ODOT, the Coast Guard published a notice of deviation
on February 3, 2016, 81 FR 6758, which temporarily changed the
operating schedule of the Old Youngs Bay Bridge through June 15, 2016.
The Coast Guard contacted known waterway users who indicated such a
deviation would have no significant impact. Therefore, it is
unnecessary to provide an opportunity for notice and comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The ODOT owns and operates the Old Youngs Bay Bridge in accordance with
33 CFR 117.899(b). This bridge provides a vertical clearance
approximately 19 feet above mean high water when in the closed-to-
navigation position. ODOT is conducting bridge repairs, which are
scheduled to be complete on October 31, 2016. In order to facilitate
bridge repairs, one half of the double bascule bridge will have a
containment system installed on the non-opening half of the span. This
containment system will reduce the vertical clearance of the bridge by
5 feet, or 14 feet above mean high water. Both the previous notice of
temporary deviation and this TFR allow the drawtender to open only half
the draw span in single leaf mode.
Marine traffic on Youngs Bay consists of vessels ranging from small
pleasure craft, sailboats, small tribal fishing boats, and commercial
tug and tow, and mega yachts.
IV. Discussion of the Rule
We are amending 33 CFR 117.899 to indicate that half of the double
bascule span of the Youngs Bay Bridge will be opened instead of both
spans once notice has been provided to the drawtender at the Lewis and
Clark River Bridge. The draw span will be operable from 7 a.m. to 5
p.m. on weekdays and from 8 a.m. to 4 p.m. on weekends. This amendment
will be in effect from 12 a.m. on June 16, 2016 through 11:59 p.m. on
October 31, 2016, after which the bridge will be able to open both
spans as before. The TFR is necessary to accommodate extensive
maintenance and restoration efforts on the Old Youngs Bay Bridge. The
TFR will allow construction workers to complete bridge and highway
upgrades before winter, while having minimal impact on maritime
navigation.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders (E.O.(s)) related to rulemaking. Below we summarize
our analyses based on these statutes and E.O.(s), and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O. 12866 and E.O. 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget. This regulatory action
determination is based
[[Page 28019]]
on the ability of the Old Youngs Bay Bridge to open half the span on
signal.
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
will not have a significant economic impact on a substantial number of
small entities. While some owners or operators of vessels intending to
transit the bridge may be small entities, for the reasons stated in
section V.A above, this rule would not have a significant economic
impact on any vessel owner or operator.
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 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 E.O. 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 E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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.
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 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.
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.
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; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.899, from 12 a.m. on June 16, 2016 through 11:59 p.m.
on October 31, 2016, suspend paragraph (b) and add a paragraph (d).
The addition reads as follows:
Sec. 117.899 Youngs Bay and Lewis and Clark River.
* * * * *
(d) The draw of the Oregon State (Old Youngs Bay) highway bridge,
mile 2.4, across Youngs Bay foot of Fifth Street, shall open half of
the double bascule span on signal for the passage of vessels, if at
least one half-hour notice is given to the drawtender, 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 and from 8 a.m. to 4 p.m.
Saturday and Sunday through October 31, 2016. At all other times,
including all Federal holidays, but Columbus Day, at least a two-hour
notice by telephone is required. The opening signal is two prolonged
blasts followed by one short blast.
R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2016-10772 Filed 5-6-16; 8:45 am]
BILLING CODE 9110-04-P