Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 44731 

80U.S. Small Business Administration, A Guide 

for Government Agencies How to Comply with the 

Regulatory Flexibility Act, at 18 (May 2012), https:// www.sba.gov/sites/default/files/advocacy/rfaguide_

0512_0.pdf. 

53. Even assuming that the one-time 

cost of compliance for administering the 

change from Reliability Standard BAL– 

005–0.2b to BAL–005–1 is an annual 

cost, and assuming that all of the 

entities affected by the revisions to both 

BAL–005 and FAC–001 qualify as small 

entities, the estimated total annual cost 

to the industry as a whole is minimal 

($19,055.90), and the average cost per 

affected entity is $118.36. 

54. According to SBA guidance, the 

determination of significance of impact 

‘‘should be seen as relative to the size 

of the business, the size of the 

competitor’s business, and the impact 

the regulation has on larger 

competitors.’’ 80 The Commission does 

not consider the estimated burden to be 

a significant economic impact. As a 

result, the Commission certifies that the 

revised Reliability Standards will not 

have a significant economic impact on 

a substantial number of small entities. 

VI. Document Availability 

55. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through the 

Commission’s Home Page (http://

www.ferc.gov) and in the Commission’s 

Public Reference Room during normal 

business hours (8:30 a.m. to 5:00 p.m. 

Eastern time) at 888 First Street NE., 

Room 2A, Washington, DC 20426. 

56. From the Commission’s Home 

Page on the Internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number of this 

document, excluding the last three 

digits, in the docket number field. 

57. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours from the 

Commission’s Online Support at (202) 

502–6652 (toll free at 1–866–208–3676) 

or e-mail at ferconlinesupport@ferc.gov, 

or the Public Reference Room at (202) 

502–8371, TTY (202) 502–8659. Email 

the Public Reference Room at 

public.referenceroom@ferc.gov. 

VII. Effective Date and Congressional 

Notification 

These regulations are effective 

November 27, 2017. The Commission 

has determined, with the concurrence of 

the Administrator of the Office of 

Information and Regulatory Affairs of 

OMB, that this rule is not a ‘‘major rule’’ 

as defined in section 351 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. 

By the Commission. 

Issued: September 20, 2017 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

Appendix 

List of Commenters 

Abbreviation Commenter 

NERC .................................................................................................. North American Electric Reliability Corporation. 

Trade Associations .............................................................................. Edison Electric Institute, American Public Power Association, and Large 

Public Power Council. 

BPA ..................................................................................................... Bonneville Power Administration. 

Idaho Power ........................................................................................ Idaho Power Company. 

Appelbaum .......................................................................................... Jonathan Appelbaum. 

[FR Doc. 2017–20554 Filed 9–25–17; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0474] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Willamette River, Portland, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is modifying 

the operating schedule that governs the 

Morrison Bridge across the Willamette 

River, mile 12.8, at Portland, Oregon. 

The temporary interim rule is necessary 

to accommodate Multnomah County’s 

(bridge owner) unexpected extension of 

time required to replace the bridge 

decking. This temporary rule is 

necessary due to the amount of days 

requested by the bridge owner. The 

active deviation expires at the 180th 

day, and the Coast Guard does not 

approve back-to-back deviations. 

DATES: This temporary interim rule is 

effective from 7 p.m. on September 27, 

2017, through 7 p.m. on November 12, 

2017. 

Comments and related material must 

reach the Coast Guard on or before 

October 26, 2017. 

ADDRESSES: You may submit comments 

or view documents mentioned in this 

preamble as being available in the 

docket, go to http://

www.regulations.gov, type USCG–2017– 

0474 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 

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 interim rule, 

call or email Mr. Steven Fischer, Bridge 

Administrator, Thirteenth Coast Guard 

District; telephone 206–220–7282, email 

d13-pf-d13bridges@uscg.mil. 

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of Proposed Rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On June 23, 2016, we published a 

temporary deviation entitled 

Drawbridge Operation Regulation; 

Willamette River, Portland, OR, in the 

Federal Register (81 FR 40813), where 

we did not request comments. However, 

we conducted a public outreach in May 

2016 and did not receive any objections. 

No complaints have been submitted 


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44732 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 

during the current temporary 

deviation’s operation. 

The Coast Guard is issuing this 

temporary interim rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b), the Coast Guard finds that good 

cause exists for not publishing a notice 

of proposed rulemaking (NPRM) with 

respect to this rule because it is 

impracticable. We must modify the 

operation schedule of the bridge by 

September 27, 2017 to allow 

Multnomah County to replace the bridge 

decking, but we lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the modification. 

We are issuing this rule and under 5 

U.S.C. 553(d)(3), and for the reasons 

stated above, the Coast Guard finds that 

good cause exists for making it effective 

in less than 30 days after publication in 

the Federal Register. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. The 

Coast Guard is modifying the operating 

schedule that governs the Morrison 

Bridge across the Willamette River, mile 

12.8, at Portland, Oregon. The Morrison 

Bridge is a double bascule bridge. When 

the bascule span is in the closed-tonavigation position, the bridge provides 

69 feet of vertical clearance, and in the 

open position provides unlimited 

vertical clearance. The normal operating 

schedule for the Morrison Bridge is in 

accordance with 33 CFR 

117.897(c)(3)(iv). Multnomah County, 

the bridge owner, contacted us 

requesting additional time to deviate 

from the operating rule due to delays in 

receiving replacement parts, and 

needing to fabricate parts on site. 

Multnomah County requested that the 

Morrison Bridge be allowed to only 

open half the span, 92 feet, as opposed 

to a full opening, 185 feet, to 

accommodate extra time to replace 

bridge decking. The County has also 

requested to reduce the vertical 

clearance of the non-opening side of the 

span with scaffolding erected 10 feet 

below the lower bridge cord for a 

containment system, and to require at 

least a two hour advance notice for an 

opening. Waterway usage on this part of 

the Willamette River includes vessels 

ranging from commercial tug and barge 

to small pleasure craft. Vessels able to 

pass through the Morrison Bridge in the 

closed position may do so at anytime. A 

tug will be on site to assist vessels 

through the single leaf span opening 

upon request. The bridge will be able to 

open half the span for emergencies with 

a two hour notice, and there is no 

immediate alternate route for vessels to 

pass. 

IV. Discussion of the Temporary 

Interim Rule 

The Coast Guard has issued a 

temporary interim rule from the 

operating schedule that governs the 

Morrison Bridge across the Willamette 

River, mile 12.8, at Portland, Oregon. 

The rule is necessary to accommodate 

Multnomah County’s replacement of the 

bridge decking. This rule allows the 

bridge to only open half of the span, 

single leaf, to allow for the replacement 

of bridge decking. The rule also allows 

the vertical clearance to be reduced due 

to the project’s containment system. 

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 

that vessels can still transit under the 

bridge, or give advanced notice for a 

half opening. 

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 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 IV.A above, this 

interim rule would not have a 

significant economic impact on any 

vessel owner or operator. Multnomah 

County has taken precaution to provide 

a tug to assist vessels, if needed, so 

businesses will not suffer any impacts. 

Furthermore, half the span can be 

opened to vessels that require an 

opening. 

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 

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 


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Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 44733 

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. 

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. 

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. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

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. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

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 

Temporary Interim Rule 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 Web site’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 amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 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. 

■ 2. In § 117.897, effective from 7 p.m. 

on September 27, 2017, through 7 p.m. 

on November 12, 2017, suspend 

paragraph (c)(3)(iv) and add paragraph 

(c)(3)(vi) to read as follows: 

§ 117.897 Willamette River. 

* * * * * 

(c) * * * 

(3) * * * 

(vi) Morrison Bridge, Portland, mile 

12.8, shall operate in single leaf, and 

open half the draw on signal if at least 

two hours notice is given. The vertical 

clearance of the non-functioning leaf 

will be reduced up to 10 feet. 

Dated: September 18, 2017. 

David Throop, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2017–20512 Filed 9–25–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0573] 

Drawbridge Operation Regulation; 

Southern Branch of the Elizabeth 

River, Chesapeake, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the I–64 (High 

Rise) Bridge across the Atlantic 

Intracoastal Waterway, Southern Branch 

of the Elizabeth River, mile 7.1, at 

Chesapeake, VA. The deviation is 

necessary to facilitate routine 

maintenance. This deviation allows the 

bridge to remain in the closed-tonavigation position. 

DATES: This deviation is effective from 

7 a.m. on October 2, 2017 through 11 

p.m. on November 22, 2017. 

ADDRESSES: The docket for this 

deviation, [USCG–2017–0573] is 

available at 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 deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Mickey 

Sanders, Bridge Administration Branch 

Fifth District, Coast Guard; telephone 

(757) 398–6587, email 

Mickey.D.Sanders2@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

Virginia Department of Transportation, 

owner and operator of the I–64 (High 

Rise) Bridge across the Atlantic 

Intracoastal Waterway, Southern Branch 

of the Elizabeth River, mile 7.1, at 

Chesapeake, VA, has requested a 

temporary deviation from the current 

operating schedule to accommodate 

annual maintenance to remove and 

replace the center locks and install new 

electrical wiring and lubrication piping. 

The bridge has a vertical clearance of 65 

feet above mean high water (MHW) in 

the closed position. 

The current operating schedule is set 

out in 33 CFR 117.997(e). Under this 


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