[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Rules and Regulations]
[Pages 9435-9436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3679]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD13-06-048]
RIN 1625-AA09


Drawbridge Operation Regulations; Youngs Bay and Lewis and Clark 
River, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the operating regulations for the 
New Youngs Bay, Old Youngs Bay, and the Lewis and Clark River 
Drawbridges near Astoria, Oregon. This change was requested by the 
Oregon Department of Transportation (ODOT), owner of the bridges, due 
to reduced demand for draw openings. This final rule reduces the period 
when a one-half hour notice is required for openings and also reduces 
the four-hour notice required at all other times to two hours.

DATES: This rule is effective April 2, 2007.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of the docket (CGD13-06-048) and are available for inspection 
or copying at Commander (dpw), 13th Coast Guard District, 915 Second 
Avenue, Seattle, WA 98174-1067 between 7:30 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief Bridge Section, 
(206) 220-7282.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On October 27, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Youngs Bay and 
Lewis and Clark River, Astoria, Oregon'' in the Federal Register (71 FR 
62955). We received no comments on the proposed rule. No public meeting 
was requested and none was held.

Background and Purpose

    The operating regulations currently in effect for the New Youngs 
Bay, Old Youngs Bay, and the Lewis and Clark River Drawbridges near 
Astoria, Oregon at 33 Code of Federal Regulations 117.89 provide that 
the spans need not open for the passage of vessels from 6 a.m. to 6 
p.m. Monday through Friday and 8 a.m. to 4 p.m. Saturday and Sunday 
unless at least one half-hour notice is given. At all other times at 
least four hours notice must be given. This rule allows the bridge 
owner to reduce the shifts for staffing the drawbridges by reducing the 
period, Monday through Friday, where one-half hour notice is required 
for an opening. Additionally, the four-hour notice at most other times 
is also reduced to two hours. Weekend periods with half-hour notice 
required remain unchanged.

Discussion of Comments and Changes

    The Coast Guard received no responses to the Notice of Proposed 
Rulemaking and no changes are made in this final rule from that notice.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. The single commercial boat yard, which is 
the destination for most vessels that pass through the bridges, has 
indicated that they can tolerate the changes.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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. We expect few vessel operators will be inconvenienced by the 
new operating schedule as it is quite similar to operating regulations 
that have been in effect without complaint for several years.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking.
    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 Agricultural 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.

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).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

[[Page 9436]]

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.

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 will not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it will 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of Information and Regulatory Affairs has 
not designated this as a significant energy action. Therefore, it does 
not require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under 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 there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation. 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.

Regulations

0
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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


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 
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. on Saturday and Sunday. At all other 
times, including all Federal holidays but Columbus Day, at least a two-
hour notice by telephone is required. 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 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. 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.
    (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 and from 8 a.m. to 4 p.m. on Saturday 
and Sunday. 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 one prolonged blast followed by four short blasts.

    Dated: February 23, 2007.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, District Commander, Thirteenth Coast 
Guard District.
[FR Doc. E7-3679 Filed 3-1-07; 8:45 am]
BILLING CODE 4910-15-P