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[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Proposed Rules]
[Pages 65326-65328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27526]

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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: Notice of proposed rulemaking.

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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 [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 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

[[Page 65327]]

New Youngs Bay Bridge, the Old Youngs Bay Bridge and the Lewis and 
Clark River Bridge. These specific requirements are in addition to or 
vary from the general requirements that apply to all drawbridges across 
the navigable waters of the United States. This proposed rule 
reasonably accommodates waterway users while reducing ODOT's burden in 
operating the bridges. We have not identified any impacts on marine 
navigation with this proposed rule.

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 the bridges to open on signal 
after receiving at least a two hour notice by telephone from Friday at 
5 p.m. to Monday at 7 a.m. This proposed rule also applies to opening 
the three subject bridges for marine vessels needing an opening due to 
an emergency.

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 
under the subject bridges 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. 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.
    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 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

[[Page 65328]]

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 website'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. Amend Sec.  117.899 by revising paragraphs (a), (b) and (c) 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 but Columbus Day, the draw 
shall open on signal if at least a two-hour notice is given to the draw 
tender 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 Federal holidays with the exception 
of Columbus Day, the draw shall open on signal if at least a two-hour 
notice is given to the draw tender 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 Federal 
holidays but Columbus Day, the draw shall open on signal if at least a 
two-hour notice is given to the draw tender by telephone. The opening 
signal shall be two prolonged blasts followed by one short blast.

David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2018-27526 Filed 12-19-18; 8:45 am]
 BILLING CODE 9110-04-P
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