[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2060-2062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00611]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying 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, ODOT 
will 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: This temporary final rule is effective from 6 a.m. on February 
26, 2018 to 6 p.m. on July 31, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0868 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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 
<a href="/cdn-cgi/l/email-protection#640055574914024900555706160d0003011724111707034a090d08"><span class="__cf_email__" data-cfemail="553164667825337831646637273c3132302615202636327b383c39">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
ODOT Oregon Department of Transportation
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    On October 24, 2017, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Isthmus Slough, Coos 
Bay, OR, in the Federal Register (82 FR 49153). We received no comments 
on this rule. ODOT owns and operates the double bascule Isthmus Slough 
Bridge, across Isthmus Slough, mile 1.0, at Coos Bay, OR. The operating 
regulation has been temporarily modified to accommodate ODOT's 
painting, preservation, and upgrading of the bridge electrical systems. 
Isthmus Slough provides no alternate routes to pass around the Isthmus 
Slough Bridge. To facilitate this event, ODOT will operate the double 
bascule bridge in single leaf mode (half of the span), and reduce the 
vertical clearance of the non-functioning leaf. Up to ten feet of 
containment will be installed under the non-functioning leaf only, and 
will reduce the vertical clearance to 18 feet. Vessels that do not 
require an opening may 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 rule change. We have not 
received any reports of problems or complaints with the subject bridge 
operating under the temporary deviation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
Isthmus Slough Bridge, across Isthmus Slough, mile 1.0, at Coos Bay, 
OR, is a double bascule drawbridge, and provides a vertical clearance 
of 28 feet in the closed-to-navigation position referenced to the 
vertical clearance above mean high water tide level. ODOT cannot 
complete scheduled maintenance and equipment upgrades unless the 
operating schedule for the subject bridge is changed.

[[Page 2061]]

    We approved a temporary deviation for this event, but later learned 
180 days will not be enough time to complete the work. This temporary 
rule change to 33 CFR 117.879 will allow ODOT time to complete their 
scheduled maintenance and equipment upgrades. This temporary rule 
suspends the current paragraph regarding the Isthmus Slough Bridge, and 
adds a temporary new paragraph which amends the operating schedule of 
the Isthmus Slough Bridge by authorizing one half of the draw to open 
on signal, and reduces the horizontal clearance and vertical clearance 
of the bridge. The temporary rule is necessary to accommodate painting, 
preservation, and upgrading of its electrical systems. One half of the 
double bascule bridge will have a containment system installed on the 
non-functioning half of the span, and therefore reduces the vertical 
clearance by ten feet to 18 feet. The horizontal clearance with a full 
opening is 140 feet. In single leaf operation, the horizontal clearance 
is reduced to approximately 70 feet.

IV. Discussion of Comments, Changes and the Temporary Final Rule

    We published a NPRM in October 2017 with a 30 day comment period, 
and did not receive any comments. We approved this temporary rule 
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 authorizes 
ODOT to operate the Isthmus Slough Bridge one half of the draw on 
signal if at least 24 hours notice is given to the bridge operator, and 
reduce the horizontal clearance and vertical clearance of the bridge.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it 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 Slough Bridge can 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 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. While some owners or operators of 
vessels intending to transit the bridge may be small entities, for the 
reasons stated in section VI.A above, this rule would not have a 
significant economic impact on any vessel owner or operator.
    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.

C. 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).

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 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 rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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. We 
received no (0) comments in the NPRM for this section.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble. We received no (0) comments in the NPRM for this 
section.

F. 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 made a 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32) (e), of the 
Instruction. A Record of Environmental

[[Page 2062]]

Consideration and a Memorandum for the Record are not required for this 
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.

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; and Department of 
Homeland Security Delegation No. 0170.1.


Sec.  117.879   [Suspended]

0
2. Suspend Sec.  117.879 effective 6 a.m. on February 26, 2018, through 
6 p.m. on July 31, 2019.

0
3. Add temporary Sec.  117.T879, effective 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.

David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2018-00611 Filed 1-12-18; 8:45 am]
 BILLING CODE 9110-04-P


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