Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Proposed Rules 65323 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852. 

• For written/paper comments 

submitted to the Dockets Management 

Staff, FDA will post your comment, as 

well as any attachments, except for 

information submitted, marked and 

identified, as confidential, if submitted 

as detailed in ‘‘Instructions.’’ 

Instructions: All submissions received 

must include the Docket No. FDA– 

2018–N–2727 for ‘‘Institutional Review 

Board Waiver or Alteration of Informed 

Consent for Minimal Risk Clinical 

Investigations.’’ Received comments, 

those filed in a timely manner (see 

ADDRESSES), will be placed in the docket 

and, except for those submitted as 

‘‘Confidential Submissions,’’ publicly 

viewable at https://www.regulations.gov 

or at the Dockets Management Staff 

between 9 a.m. and 4 p.m., Monday 

through Friday. 

• Confidential Submissions—To 

submit a comment with confidential 

information that you do not wish to be 

made publicly available, submit your 

comments only as a written/paper 

submission. You should submit two 

copies total. One copy will include the 

information you claim to be confidential 

with a heading or cover note that states 

‘‘THIS DOCUMENT CONTAINS 

CONFIDENTIAL INFORMATION.’’ The 

Agency will review this copy, including 

the claimed confidential information, in 

its consideration of comments. The 

second copy, which will have the 

claimed confidential information 

redacted/blacked out, will be available 

for public viewing and posted on 

https://www.regulations.gov. Submit 

both copies to the Dockets Management 

Staff. If you do not wish your name and 

contact information to be made publicly 

available, you can provide this 

information on the cover sheet and not 

in the body of your comments and you 

must identify this information as 

‘‘confidential.’’ Any information marked 

as ‘‘confidential’’ will not be disclosed 

except in accordance with 21 CFR 10.20 

and other applicable disclosure law. For 

more information about FDA’s posting 

of comments to public dockets, see 80 

FR 56469, September 18, 2015, or access 

the information at: https://www.gpo.gov/ 

fdsys/pkg/FR-2015-09-18/pdf/2015- 

23389.pdf. 

Docket: For access to the docket to 

read background documents or the 

electronic and written/paper comments 

received, go to https://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: 

Janet Norden, Office of Good Clinical 

Practice, Food and Drug Administration, 

10903 New Hampshire Ave., Silver 

Spring, MD 20993–0002, 301–796–1127. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of November 15, 2018, 

FDA published a proposed rule with a 

60-day comment period to implement 

the statutory changes made to the 

Federal Food, Drug, and Cosmetic Act 

by section 3024 of the 21st Century 

Cures Act (Pub. L. 114–255) to allow for 

a waiver or alteration of informed 

consent when a clinical investigation 

poses no more than minimal risk to the 

human subject and includes appropriate 

safeguards to protect the rights, safety, 

and welfare of human subjects. The 

proposed rule, if finalized, would 

permit an institutional review board 

(IRB) to waive or alter certain informed 

consent elements or to waive the 

requirement to obtain informed consent, 

under limited conditions, for certain 

minimal risk clinical investigations. 

Comments on the proposed rule will 

inform FDA’s rulemaking to establish 

regulations for IRB waiver or alteration 

of informed consent for certain minimal 

risk clinical investigations. 

The Agency has received a request for 

a 60-day extension of the comment 

period for the proposed rule. This 

request conveyed concern that the 

current 60-day comment period does 

not allow sufficient time to develop a 

meaningful or thoughtful response to 

the proposed rule. 

FDA has considered the request and 

is extending the comment period for the 

proposed rule for 30 days, until 

February 13, 2019. The Agency believes 

that a 30-day extension allows adequate 

time for interested persons to submit 

comments without significantly 

delaying rulemaking on these important 

issues. 

Dated: December 14, 2018. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2018–27519 Filed 12–19–18; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DOD–2018–HA–0028] 

RIN 0720–AB72 

TRICARE; Addition of Physical 

Therapy Assistants and Occupational 

Therapy Assistants as TRICAREAuthorized Providers 

AGENCY: Office of the Secretary, 

Department of Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: The Department of Defense is 

publishing this proposed rule to add 

certified or licensed physical therapy 

assistants (PTAs) and occupational 

therapy assistants (OTAs) as TRICAREauthorized providers to engage in 

physical therapy or occupational 

therapy under the supervision of a 

TRICARE-authorized physical therapist 

or occupational therapist in accordance 

with Medicare’s rules for supervision 

and qualification when billed by under 

the supervising therapist’s national 

provider identification number. This 

rule will align TRICARE with 

Medicare’s policy, which permits PTAs 

or OTAs to provide physical or 

occupational therapy when supervised 

by and billed under a licensed or 

certified physical therapist or 

occupational therapist. 

DATES: Written comments received at 

the address indicated in the ADDRESSES

section by February 19, 2019 will be 

accepted. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

number and title, by either of the 

following methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Department of Defense, Office 

of the Chief Management Officer, 

Directorate for Oversight and 

Compliance, Regulatory and Advisory 

Committee Division, 4800 Mark Center 

Drive, Mailbox #24, Suite 08D09, 

Alexandria, VA 22350–1700. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the internet at http://

www.regulations.gov as they are 

received without change, including any 


khammond on DSK30JT082PROD with PROPOSAL
65324 Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Proposed Rules 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Erica Ferron, Defense Health Agency, 

Medical Benefits and Reimbursement 

Division, 303–676–3626 or 

erica.c.ferron.civ@mail.mil. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary and Overview 

A. Purpose of the Proposed Rule 

This proposed rule implements 

section 721 of the National Defense 

Authorization Act for Fiscal Year 2018 

(NDAA–18), and advances two of the 

components of the Military Health 

System’s quadruple aim of improved 

readiness and better health. The 

TRICARE Basic benefit currently 

includes physical therapy (PT) and 

occupational therapy (OT) services 

rendered by TRICARE-authorized 

providers within the scope of their 

license when prescribed and monitored 

by a physician, certified physician 

assistant, or certified nurse practitioner. 

Allowing authorized physical therapists 

and occupational therapists to include 

as covered services those services of 

qualified assistants performing under 

their supervision may increase access to 

PT and OT services, and increase 

beneficiary choice in provider selection. 

Physical therapists and occupational 

therapists will be available to attend to 

more complex tasks for TRICARE 

beneficiaries, delegating to assistants 

simpler tasks for which they are 

licensed or certified to carry out. 

Adding coverage of services by 

authorized therapy assistants increases 

access at the same time the Agency 

anticipates that an active and aging 

beneficiary population will increasingly 

use these services. 

B. Summary of the Major Provisions of 

the Proposed Rule 

The major provisions of the proposed 

rule are: 

➢ The addition of licensed or 

certified PTAs as TRICARE-authorized 

providers, operating under the same 

qualifications established by Medicare 

(42 Code of Federal Regulations (CFR) 

484.4). Services must be furnished 

under the supervision of and billed by 

a licensed or certified TRICAREauthorized physical therapist. 

➢ The addition of licensed or 

certified OTAs as TRICARE-authorized 

providers, operating under the same 

qualifications established by Medicare 

(42 CFR 484.4). Services must be 

furnished under the supervision of and 

billed by a licensed or certified 

TRICARE-authorized occupational 

therapist. 

C. Costs and Benefits 

PT and OT services are covered 

benefits of the TRICARE program, 

authorized at 32 CFR 199.4. We estimate 

that as a result of this rule, there will be 

a one-percent increase in the use of PT 

and OT services. The cost of increased 

utilization, along with first-year 

implementation costs of $350,000, is 

estimated at $20 million over five years. 

The financial effect of this rule is not 

in the nature of economic costs or 

imposition of private expenditures to 

comply with Federal regulations. 

Rather, the rule involves fairly modest 

changes in federal health benefits 

payments. Consistent with OMB 

Circular A–4, such economic effects are 

considered ‘‘transfer payments’’ caused 

by Federal budget action, rather than 

regulatory benefits or costs that require 

additional analysis. 

II. Discussion of Proposed Rule 

A. Introduction and Background 

Title 32 CFR 199.4(c)(3)(x) states that 

assessment and treatment services of a 

TRICARE authorized physical therapist 

or occupational therapist may be costshared under certain conditions when 

prescribed and monitored by a 

physician, certified physician assistant, 

or certified nurse practitioner. In 

addition, 32 CFR 199.6(c)(3)(iii)(K)(2) 

recognizes licensed registered physical 

therapists and licensed registered 

occupational therapists as TRICARE 

authorized providers when PT and OT 

services meet the conditions and are 

prescribed and monitored as described 

in the previous sentence. This rule 

proposes to extend coverage of PT and 

OT services, as required by NDAA–18, 

to include services provided by licensed 

or certified physical or occupational 

therapy assistants operating under the 

supervision of a TRICARE-authorized 

physical therapist or occupational 

therapist. 

PTAs—Qualifications 

PTAs typically hold an associate’s 

degree in physical therapy and provide 

therapeutic interventions such as 

posture stabilization and therapeutic 

massage, but may not evaluate patients 

or create or alter treatment plans. This 

rule proposes to tie the qualifications of 

PTAs under the TRICARE program to 

Medicare’s requirements as codified at 

42 CFR 484.4. 

PTAs—Supervision Requirements 

Under this rule, TRICARE’s 

supervision requirements match 

Medicare’s. The DHA intends, in 

implementing instructions, to follow 

Medicare’s requirements as found 

within Medicare’s Benefit Policy 

Chapter 15.6 Part C and other issuances 

regarding supervision of PTAs. Direct 

supervision (i.e., the supervising 

physical therapist is in the room with 

the PTA) will be required in a private 

practice setting, whereas general 

supervision (i.e., the supervising 

physical therapist is not present but is 

available and remains responsible for 

the course of treatment) will be required 

in most other instances. In cases of 

general supervision, the supervising 

physical therapist will be required to 

make an onsite supervisory visit at least 

once every 30 days. In cases where state 

or local supervision laws are more 

stringent, the DHA will require physical 

therapists and the PTAs they supervise 

to follow state or local laws. Services 

provided by physical therapy aides or 

other personnel, even if under the 

supervision of a qualified physical 

therapist or physical therapy assistant, 

are not covered. Services provided by 

PTAs incident to services provided by 

physicians or other licensed or qualified 

providers other than physical therapists 

are not covered, as only physical 

therapists can supervise PTAs. If 

Medicare makes changes to its 

supervision requirements, the DHA will 

evaluate the changes and determine 

whether to make similar changes; any 

changes deemed appropriate shall be 

added to the implementing instructions. 

PTAs—Reimbursement Requirements 

This rule proposes to require services 

provided by the TRICARE-authorized 

PTA to be billed under the TRICAREauthorized supervising physical 

therapist’s provider identification (ID). 

The DHA intends, in implementing 

instructions, to follow Medicare’s 

requirements as found within 

Medicare’s Benefit Policy Chapter 15.6 

Part C and other issuances regarding 

reimbursement of services provided by 

PTAs. Services provided by a PTA 

above the skill-level of a PTA shall not 

be reimbursed. This includes, but is not 

limited to, evaluations and reevaluations. Services provided by a PTA 

beyond the scope permitted by state or 

local law shall not be reimbursed. 

OTAs—Qualifications 

Occupational therapy assistants 

(OTAs) typically hold an associate’s 

degree in occupational therapy and 

provide therapeutic interventions such 

as assisting in the development of motor 

skills in children with developmental 

disabilities or aiding adults in 

overcoming work-related injuries. OTAs 

may not evaluate patients or create or 

alter treatment plans. This rule proposes 

to tie the qualifications of OTAs under 

the TRICARE program to Medicare’s 


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Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Proposed Rules 65325 

requirements as codified at 42 CFR 

484.4. 

OTAs—Supervision Requirements 

Under this proposed rule, TRICARE’s 

supervision requirements match 

Medicare’s. The DHA intends, in 

implementing instructions, to follow 

Medicare’s requirements as found 

within Medicare’s Benefit Policy 

Chapter 15.6 Part C and other issuances 

regarding supervision of OTAs. Direct 

supervision (i.e., the supervising 

occupational therapist is in the room 

with the OTA) will be required in a 

private practice setting, whereas general 

supervision (i.e., the supervising 

occupational therapist is not present but 

is available and remains responsible for 

the course of treatment) will be required 

in most other instances. In cases of 

general supervision, the supervising 

occupational therapist will be required 

to make an onsite supervisory visit at 

least once every 30 days. In cases where 

state or local supervision laws are more 

stringent, the DHA will require 

occupational therapists and the OTAs 

they supervise to follow state or local 

laws. Services provided by occupational 

therapy aides or other personnel, even 

if under the supervision of a qualified 

occupational therapist or occupational 

therapy assistant, are not covered. 

Services provided by OTAs incident to 

services provided by physicians or other 

licensed or qualified providers other 

than occupational therapists are not 

covered, as only occupational therapists 

can supervise OTAs. If Medicare makes 

changes to its supervision requirements, 

the DHA will evaluate the changes and 

determine whether to make similar 

changes; any changes deemed 

appropriate shall be added to the 

implementing instructions. 

OTAs—Reimbursement Requirements 

This rule proposes to require services 

provided by a TRICARE-authorized 

OTA to be billed under the TRICAREauthorized supervising occupational 

therapist’s provider ID. The DHA 

intends, in implementing instructions, 

to follow Medicare’s requirements as 

found within Medicare’s Benefit Policy 

Chapter 15.6 Part C and other issuances 

regarding reimbursement of services 

provided by OTAs. Services provided 

by an OTA above the skill-level of an 

OTA shall not be reimbursed. This 

includes, but is not limited to, 

evaluations and re-evaluations. Services 

provided by an OTA beyond the scope 

permitted by state or local law shall not 

be reimbursed. 

Updated Referral Definition 

In order to fully implement section 

721 of the NDAA for 2018, DHA is 

updating the definition of referrals to 

remove the limitation that only 

physicians can make referrals and to 

distinguish between necessary referrals 

for general benefit coverage and referrals 

required under TRICARE Prime for 

Prime enrollee care. All referral 

requirements are provided in the 

regulations and in the implementing 

instructions. 

III. Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

E.O.s 12866 and 13563 direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. A regulatory impact analysis 

(RIA) must be prepared for major rules 

with economically significant effects 

($100 million or more in any one year). 

We estimate that the effects of the 

provisions that would be implemented 

by this proposed rule would have an 

impact of approximately $20 million 

over five years. As a result, this rule is 

not significant and is not a major rule 

under the Congressional Review Act. 

Executive Order (E.O.) 13771, 

‘‘Reducing Regulation and Controlling 

Regulatory Costs’’ 

E.O. 13771 seeks to control costs 

associated with the government 

imposition of private expenditures 

required to comply with Federal 

regulations and to reduce regulations 

that impose such costs. Consistent with 

the analysis of transfer payments under 

OMB Circular A–4, this proposed rule 

does not involve regulatory costs subject 

to E.O. 13771. 

Public Law 104–4, Section 202, 

‘‘Unfunded Mandates Reform Act’’ 

Section 202 of Public Law 104–4, 

‘‘Unfunded Mandates Reform Act,’’ 

requires that an analysis be performed 

to determine whether any federal 

mandate may result in the expenditure 

by State, local and tribal governments, 

in the aggregate, or by the private sector 

of $100 million or more (adjusted 

annually for inflation) in any one year. 

The current threshold is approximately 

$140 million. We do not expect this 

proposed rule to result in any one-year 

expenditure that would meet or exceed 

this amount. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (RFA) (5 U.S.C. 601) 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (RFA) (5 U.S.C. 601), 

requires that each Federal agency 

prepare a regulatory flexibility analysis 

when the agency issues a regulation 

which would have a significant impact 

on a substantial number of small 

entities. This proposed rule is not an 

economically significant regulatory 

action, and it has been certified that it 

will not have a significant impact on a 

substantial number of small entities. 

Therefore, this proposed rule is not 

subject to the requirements of the RFA. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

This proposed rule does not contain 

a ‘‘collection of information’’ 

requirement, and does not impose 

additional information collection 

requirements on the public under Public 

Law 96–511, ‘‘Paperwork Reduction 

Act’’ (44 U.S.C. Chapter 35). 

Executive Order 13132, ‘‘Federalism’’ 

E.O. 13132, ‘‘Federalism,’’ requires 

that an impact analysis be performed to 

determine whether the rule has 

federalism implications that would have 

substantial direct effects 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. It has been 

certified that this proposed rule does 

not have federalism implications, as set 

forth in E.O. 13132. 

List of Subjects in 32 CFR Part 199 

Administrative practice and 

procedure, Claims, Dental health, Fraud, 

Health care, Health insurance, 

Individuals with disabilities, Military 

personnel. 

Accordingly, 32 CFR part 199 is 

amended as follows: 

PART 199—[AMENDED] 

■ 1. The authority citation for part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. chapter 

55. 

■ 2. Section 199.2 is amended by 

revising the definition of ‘‘referral.’’ 

§ 199.2 Definitions. 

* * * * * 

Referral. The act or an instance of 

referring a TRICARE beneficiary to 


khammond on DSK30JT082PROD with PROPOSAL
65326 Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Proposed Rules 

another authorized provider to obtain 

necessary medical treatment. Generally, 

when a referral is required to qualify 

health care as a covered benefit, only a 

TRICARE-authorized physician may 

make such a referral unless this 

regulation specifically allows another 

category of TRICARE-authorized 

provider to make a referral as allowed 

within the scope of the provider’s 

license. In addition to referrals which 

may be required for certain health care 

to be a covered TRICARE benefit, the 

TRICARE Prime program under § 199.17 

generally requires Prime enrollees to 

obtain a referral for care through a 

primary care manager (PCM) or other 

authorized care coordinator to avoid 

paying higher deductible and costsharing for otherwise covered TRICARE 

benefits. 

* * * * * 

■ 3. Section 199.6 is amended by 

redesignating paragraph 

(c)(3)(iii)(K)(2)(ii) as paragraph 

(c)(3)(iii)(K)(2)(iii); revising paragraph 

(c)(3)(iii)(K)(2)(i); and adding a new 

paragraph (c)(3)(iii)(K)(2)(ii) to read as 

follows: 

§ 199.6 TRICARE-authorized providers. 

* * * * * 

(c) * * * 

(3) * * * 

(iii) * * * 

(K) * * * 

(2) * * * 

(i) Licensed registered physical 

therapist (PT), including a licensed or 

certified physical therapy assistant 

(PTA) performing under the supervision 

of a TRICARE-authorized PT. Services 

provided by a PTA shall be included in 

the fee of the supervising PT. PTAs shall 

meet the qualifications specified by 

Medicare (42 CFR 484.4) and the 

Director, DHA, shall issue policy 

adopting, to the extent practicable, 

Medicare’s requirements for PTA 

supervision. 

(ii) Licensed registered occupational 

therapist (OT), including a licensed or 

certified occupational therapy assistant 

(OTA) performing under the supervision 

of a TRICARE authorized OT. Services 

provided by an OTA shall be included 

in the fee of the supervising OT. OTAs 

shall meet the qualifications specified 

by Medicare (42 CFR 484.4) and the 

Director, DHA, shall issue policy 

adopting, to the extent practicable, 

Medicare’s requirements for OTA 

supervision. 

* * * * * 

Dated: December 14, 2018. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2018–27508 Filed 12–19–18; 8:45 am] 

BILLING CODE 5001–06–P 

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. 

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-pfd13bridges@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 

§ 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 


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