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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Rules and Regulations]
[Pages 5632-5634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00573]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0969]
RIN 1625-AA09

Drawbridge Operation Regulation; Umpqua River, Reedsport, OR

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the name and operating schedule 
that governs the Central Oregon and Pacific railroad bridge across the 
Umpqua River, mile 11.5, at Reedsport, OR. This rule changes the name 
of the Central Oregon and Pacific railroad bridge; allows that bridge 
to be maintained in the closed to navigation position, removes the 
requirement for fog signals for that bridge and changes the name of the 
US 101 Bridge that crosses the side channel of the Umpqua River.

DATES: This rule is effective February 18, 2025.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type the 
docket number (USCG-2023-0969) in the ``SEARCH'' box and click 
``SEARCH''. In the Document Type column, select ``Supporting & Related 
Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Danny McReynolds, Bridge Management Specialist, 
Thirteenth Coast Guard District Bridge Office; telephone 206-220-7234, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CBRL Coos Bay Rail Line

[[Page 5633]]

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 10, 2024, the Coast Guard published an NPRM titled 
``Drawbridge Operation Regulation; Umpqua River, Reedsport, OR,'' in 
the Federal Register (89 FR 25198), to seek your comments on whether 
the Coast Guard should consider changing the name of the Central Oregon 
and Pacific railroad bridge, modifying the current operating schedule 
of the bridge, and removing the fog signal from the bridge. During the 
comment period that ended on May 28, 2024, the Coast Guard received 
zero comments. The subject bridge has had many owners in the past years 
and Coos Bay Rail Line (CBRL) has asked to change the bridge name to a 
local name vice a company name. The new name for the Central Oregon and 
Pacific railroad bridge is the Umpqua River railroad bridge.
    The Umpqua River railroad bridge is currently maintained in the 
open to navigation position. This rule will allow the bridge to be 
maintained in the closed to navigation position and requires the bridge 
to open for marine vessels with a minimum of two-hours' advance notice. 
The subject bridge provides 15 feet of vertical clearance above high 
water in the closed position, which allows most mariners clearance to 
navigate under the bridge. The Umpqua River has experienced a reduction 
in marine traffic using the waterway while CBRL has experienced an 
increase in rail traffic that requires the draw to be placed in the 
closed position. Vessels that regularly request draw openings are two 
fishing vessels. These vessels transit upriver to a repair facility, 
and after repairs, the vessels transit down river to their normal 
moorings. Bridge opening notices may be made via the phone number 
posted on the bridge and in the CFR. Fog signals will not be required 
to warn vessels when the bridge is cycled open during reduced 
visibility.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The Umpqua River railroad bridge across the Umpqua River, mile 11.5, at 
Reedsport, OR operates in accordance with 33 CFR 117.893(b). Bridge 
logs have shown a significant reduction in bridge opening requests for 
five years and the bridge is mostly cycled for maintenance. This rule 
is necessary to balance the needs of the railroad by reducing the need 
to frequently cycle the draw closed for rail traffic and back open for 
marine traffic while maintaining the reasonable needs of navigation.
    This regulatory action is based on the ability for the Umpqua River 
railroad bridge to open on signal after the CBRL has received at least 
two-hours' notice by telephone. This rule allows any vessel that needs 
a draw opening to transit through the Umpqua River railroad bridge with 
the proper advance notice during clear visibility or reduced 
visibility.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a comment period of 38 days, and no 
comments were received. No changes were made to the content of the rule 
since publication of the NPRM.
    This rule amends the operating schedule of the Umpqua River 
railroad bridge by allowing the bridge to remain closed to navigation 
and requiring a two-hours' advance notice for all draw openings. The 
rule will balance the needs to accommodate frequent rail traffic and 
limited marine traffic and allow the Umpqua River railroad bridge to 
operate with the same notice requirements as the US 101 Bridge (33 CFR 
117.893(a)).
    In addition to the changes proposed in the NPRM, we are making two 
additional non-substantive changes to the regulatory text. First, given 
the close physical proximity of the Umpqua River railroad bridge to the 
US 101 Bridge, the Coast Guard will remove paragraph (b) from the 33 
CFR 117.893 and add the Umpqua River railroad bridge to paragraph (a). 
Mariners should not experience delays with both bridges opening their 
draws simultaneously. CBRL states that draw tenders live within two-
hours of the subject bridge, and most draw request are submitted 24-
hours in advance. With paragraph (b) combining with paragraph (a), 
paragraph (c) will become paragraph (b). Second, the bridge name in 
paragraph (c) (US 101 Bridge) is incorrect. The bridge is known as the 
Lower Smith River Road bridge and crosses the side channel of the 
Umpqua River. The Coast Guard will be correcting the name in this rule.
    Currently the bridge operates fog signals to warn vessels when the 
bridge is cycled closed and open during reduced visibility. This rule 
change requires the bridge to open on signal from mariners, and 
therefore, the mariner would know the bridge is open and have no need 
to be warned of the position of the draw during fog or any reduced 
visibility type of weather.
    We have not identified any impacts on marine navigation with this 
rule.

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.

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, it has not been reviewed by the Office of Management and 
Budget (OMB).
    This regulatory action determination is based on the ability for 
the draw to open on signal after receiving at least two-hours advanced 
notice, and not delay passage of any mariner. Vessels not requiring an 
opening may pass under the bridge at any time.

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 zero 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 V. A 
above, this rule will 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 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental

[[Page 5634]]

jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section.
    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. 
There were zero comments received on the NPRM.

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. There were zero comments received on the NPRM.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev.1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series) which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The 
Coast Guard has determined that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This rule promulgates the operating 
regulations or procedures for drawbridges and is categorically excluded 
from further review, under paragraph L49, of Chapter 3, Table 3-1 of 
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are 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; and Department of 
Homeland Security Delegation No. 00170.1. Revision No. 01.3

0
2. Revise Sec.  117.893 to read as follows:

Sec.  117.893   Umpqua River.

    (a) The draws of the US 101 Bridge, mile 11.1, (541) 888-4340, and 
the Umpqua River railroad bridge, mile 11.5, (877) 928-5924, at 
Reedsport, Oregon, shall open on signal if at least two hours' notice 
is given via telephone.
    (b) The draw of the Lower Smith River Road bridge across the side 
channel of the Umpqua River, mile 11.1 near Reedsport, need not be 
opened for the passage of vessels.

    Dated: 11 December 2024.
Charles E. Fosse,
Rear Admiral, U. S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2025-00573 Filed 1-16-25; 8:45 am]
BILLING CODE 9110-04-P
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