[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Proposed Rules]
[Pages 49153-49155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23052]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0868]
RIN 1625-AA09
Drawbridge Operation Regulation; Isthmus Slough, Coos Bay, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the Oregon State secondary highway bridge (Isthmus Slough
Bridge), across Isthmus Slough, mile 1.0, at Coos Bay, OR. To
accommodate Oregon Department of Transportation's (ODOT) preservation,
painting and replacement of the bridge equipment, the Coast Guard
proposes to operate half the double bascule span (single leaf).
Additionally, during the period of this work, the non-functioning leaf
of the span's vertical clearance will be reduced.
DATES: Comments and related material must reach the Coast Guard on or
before November 24, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0868 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 [email protected].
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 United States Coast Guard proposes the following rulemaking
change under statutory authority 33 U.S.C. 499. Oregon Department of
Transportation (ODOT), owns and operates the double bascule Isthmus
Slough Bridge, across Isthmus Slough, mile 1.0, at Coos Bay, OR, and
has requested a temporary change to the existing operating regulation
to accommodate the bridge's painting, and preservation and upgrading of
the electrical systems. The subject bridge operates in accordance with
33 CFR 117.879. Isthmus Slough provides no alternate routes to pass
around the Isthmus Slough Bridge. To facilitate this event, ODOT
requests the double bascule bridge operate in single leaf mode (half of
the span), and reduce the vertical clearance of the non-functioning
leaf. Isthmus Slough Bridge provides a vertical clearance of 28 feet in
the closed-to-navigation position referenced to the vertical clearance
above mean high water tide level. Up to ten feet of containment would
be installed under the closed-to-navigation leaf only, and would reduce
the vertical clearance to 18 feet. Vessels that do not require an
opening would be allowed to transit under the bridge at any time. We
approved a temporary deviation on August 4, 2017 (82 FR 36332), with
the same change in bridge operations as this NPRM. We have not received
any reports of problems or complaints with the subject bridge operating
under the temporary deviation.
[[Page 49154]]
III. Discussion of Proposed Rule
We propose a temporary change to 33 CFR 117.879 to be in effect
from 6 a.m. on February 26, 2018, through 6 p.m. on July 31, 2019. This
temporary rule would suspend the current paragraph regarding the Oregon
State secondary highway bridge (Isthmus Slough Bridge), and add a
temporary new paragraph which would amend the operating schedule of the
Isthmus Slough Bridge by authorizing one half of the draw to open on
signal, and would reduce the horizontal clearance and vertical
clearance of the bridge. The temporary rule is necessary to accommodate
painting, and preservation and upgrading of its electrical systems.
This bridge provides a vertical clearance approximately 28 feet above
mean high water when in the closed-to-navigation position. One half of
the bascule bridge would have a containment system installed on the
non-functioning half of the span, which would reduce the vertical
clearance by ten feet to 18 feet. The horizontal clearance with a full
opening is 140 feet, therefore, in single leaf operation; a temporary
rule change would reduce the horizontal clearance to approximately 70
feet.
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 mariners to transit under the
bridge because the Isthmus Bridge would open half the draw allowing for
the reasonable needs of navigation.
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 the bridge 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.
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
[[Page 49155]]
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 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 Web site'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. Suspend Sec. 117.879 from 6 a.m. on February 26, 2018, through 6
p.m. on July 31, 2019.
0
3. Add a new temporary Sec. 117.T879, from 6 a.m. on February 26,
2018, through 6 p.m. on July 31, 2019, to read as follows:
Sec. 117.T879 Isthmus Slough.
The draw of the Oregon State secondary highway bridge, mile 1.0, at
Coos Bay, shall operate in single leaf, and open half the draw on
signal if at least 24 hours notice is given. The vertical clearance of
the non-functioning leaf will be reduced up to ten feet.
Dated: October 13, 2017.
Brendan C. McPherson,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard
District.
[FR Doc. 2017-23052 Filed 10-23-17; 8:45 am]
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