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[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Rules and Regulations]
[Pages 20437-20439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08757]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0213]
RIN 1625-AA09

Drawbridge Operation Regulation; Coquille River, Bandon, OR

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the U.S. 101 highway drawbridge also known as Bullard's 
Drawbridge, near Bandon, Oregon. The change will allow the drawbridge 
to permanently remain in the closed-to-navigation position, no longer 
opening for vessel traffic. While there is vessel traffic on this 
waterway, no one has requested a drawbridge opening since 1998. Oregon 
Department of Transportation (ODOT) owns the bridge and requested to 
update the operating schedule accordingly.

DATES: This rule is effective May 18, 2015.

[[Page 20438]]

ADDRESSES:  Documents mentioned in this preamble are part of docket 
USCG-2014-0213. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Steven M. Fischer, Bridge Administrator, Thirteenth Coast 
Guard District Bridge Program Office, telephone 206-220-7282; email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    On December 22, 2014, the Coast Guard published a Notice of 
Proposed Rulemaking (NPRM) entitled ``Drawbridge Operation Regulation; 
Coquille River, Coos Bay, OR'' in the Federal Register (79 FR 76249). 
We received four comments on the proposed rule but these comments did 
not address the substance of this rulemaking. No public meeting was 
requested, and none was held.

B. Basis and Purpose

    ODOT owns and operates the US 101 Highway Bridge also known as 
Bullard's Drawbridge on the Coquille River in Bandon, Oregon. ODOT 
requested that the drawbridge regulation be amended to allow the bridge 
to remain in the permanently closed-to-navigation position. ODOT 
provided the Coast Guard with bridge logs which indicated no request 
for bridge openings have been received since 1998.
    The Coast Guard believes this rule change is reasonable, and will 
continue to meet the present and future needs of navigation. Based on 
the records provided by ODOT to the Coast Guard, it is expected that 
the new rule will have no known impact to navigation or other waterway 
users.
    US 101 Highway Bridge, in the closed-to-navigation position, 
provides 28.1 feet of vertical clearance at mean high water and 35 feet 
at low water.

C. Discussion of Proposed Rule

    The operating regulations at 33 CFR 117.875 will change the 
operation of the US 101 Highway Bridge, also known as Bullard's 
Drawbridge, on the Coquille River in Bandon, Oregon such that it will 
not be required to open for marine traffic at any time. The change was 
requested by ODOT, the owner of the bridge, because there have not been 
any request to open for marine traffic since 1998.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. The Coast Guard bases this 
finding on the fact that the bridge has remained in the closed position 
for the last 16 years without any impacts to waterway users.

2. 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 received no comments from the Small Business 
Administration on this rule. 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. The Coast Guard received no 
comments on the NPRM for this rule and there is no indication that any 
small entities will be affected by this rule since the bridge has 
remained in the closed position for the last 16 years without any 
impacts to waterway users.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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.

4. 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).

5. Federalism

    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 rule under that Order and have 
determined that it does not have implications for federalism.

6. 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.

7. 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

[[Page 20439]]

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 rule elsewhere in this preamble.

8. Taking of Private Property

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

9. 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.

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

11. Indian Tribal Governments

    This 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.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this 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 concluded 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This rule is categorically excluded, 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.

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. Revise Sec.  117.875 to read as follows:

Sec.  117.875  Coquille River.

    The draws of the US 101 highway bridge, mile 3.5 at Bandon, Oregon, 
need not be opened for the passage of vessels; however, the draws shall 
be restored to operable condition within 6 months after notification by 
the District Commander to do so.

    Dated: April 2, 2015.
R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2015-08757 Filed 4-15-15; 8:45 am]
 BILLING CODE 9110-04-P
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