81 FR 28018 - Drawbridge Operation Regulation; Youngs Bay, Astoria, OR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 89 (May 9, 2016)

Page Range		28018-28019
FR Document		2016-10772

The Coast Guard is temporarily changing the operating schedule that governs the Oregon State (Old Youngs Bay) highway bridge, mile 2.4, across Youngs Bay foot of Fifth Street at Astoria, OR. The Oregon Department of Transportation (ODOT) requested to change the operating schedule of the Old Youngs Bay Bridge for work on both bascule lifts. This change will allow ODOT to operate the double bascule draw in single leaf mode, one lift at a time, which will reduce the vertical clearance of the non-operable half of the span by five feet.

Federal Register, Volume 81 Issue 89 (Monday, May 9, 2016)

[Federal Register Volume 81, Number 89 (Monday, May 9, 2016)]
[Rules and Regulations]
[Pages 28018-28019]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10772]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0090]
RIN 1625-AA09


Drawbridge Operation Regulation; Youngs Bay, Astoria, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily changing the operating schedule 
that governs the Oregon State (Old Youngs Bay) highway bridge, mile 
2.4, across Youngs Bay foot of Fifth Street at Astoria, OR. The Oregon 
Department of Transportation (ODOT) requested to change the operating 
schedule of the Old Youngs Bay Bridge for work on both bascule lifts. 
This change will allow ODOT to operate the double bascule draw in 
single leaf mode, one lift at a time, which will reduce the vertical 
clearance of the non-operable half of the span by five feet.

DATES: This temporary final rule is effective from 12 a.m. on June 16, 
2016 through 11:59 p.m. on October 31, 2016.

ADDRESSES:  To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0090 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 
temporary final rule, call or email Steven M. Fischer, Bridge 
Administrator, Thirteenth Coast Guard District Bridge Program Office, 
telephone 206-220-7282; email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code
ODOT Oregon State Department of Transportation
TFR Temporary Final Rule

II. Background, Purpose and Legal Basis

    The Coast Guard is issuing this temporary final rule (TFR) 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 to do so 
would be unnecessary. This deviation is already in place and waterway 
users are already acting in accordance with the schedule with no actual 
or anticipated impacts. Additionally, in response to the initial 
request from the ODOT, the Coast Guard published a notice of deviation 
on February 3, 2016, 81 FR 6758, which temporarily changed the 
operating schedule of the Old Youngs Bay Bridge through June 15, 2016. 
The Coast Guard contacted known waterway users who indicated such a 
deviation would have no significant impact. Therefore, it is 
unnecessary to provide an opportunity for notice and comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The ODOT owns and operates the Old Youngs Bay Bridge in accordance with 
33 CFR 117.899(b). This bridge provides a vertical clearance 
approximately 19 feet above mean high water when in the closed-to-
navigation position. ODOT is conducting bridge repairs, which are 
scheduled to be complete on October 31, 2016. In order to facilitate 
bridge repairs, one half of the double bascule bridge will have a 
containment system installed on the non-opening half of the span. This 
containment system will reduce the vertical clearance of the bridge by 
5 feet, or 14 feet above mean high water. Both the previous notice of 
temporary deviation and this TFR allow the drawtender to open only half 
the draw span in single leaf mode.
    Marine traffic on Youngs Bay consists of vessels ranging from small 
pleasure craft, sailboats, small tribal fishing boats, and commercial 
tug and tow, and mega yachts.

IV. Discussion of the Rule

    We are amending 33 CFR 117.899 to indicate that half of the double 
bascule span of the Youngs Bay Bridge will be opened instead of both 
spans once notice has been provided to the drawtender at the Lewis and 
Clark River Bridge. The draw span will be operable from 7 a.m. to 5 
p.m. on weekdays and from 8 a.m. to 4 p.m. on weekends. This amendment 
will be in effect from 12 a.m. on June 16, 2016 through 11:59 p.m. on 
October 31, 2016, after which the bridge will be able to open both 
spans as before. The TFR is necessary to accommodate extensive 
maintenance and restoration efforts on the Old Youngs Bay Bridge. The 
TFR will allow construction workers to complete bridge and highway 
upgrades before winter, while having minimal impact on maritime 
navigation.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders (E.O.(s)) related to rulemaking. Below we summarize 
our analyses based on these statutes and E.O.(s), and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O. 12866 and E.O. 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget. This regulatory action 
determination is based

[[Page 28019]]

on the ability of the Old Youngs Bay Bridge to open half the span on 
signal.

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 V.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 (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 would call 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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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.

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 expenditure, we do discuss the effects of this proposed rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 preliminary 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 proposed rule simply 
promulgates the operating regulations or procedures for drawbridges. 
Normally such actions are categorically excluded from further review, 
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.

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; Department of Homeland 
Security Delegation No. 0170.1.


0
2. In Sec.  117.899, from 12 a.m. on June 16, 2016 through 11:59 p.m. 
on October 31, 2016, suspend paragraph (b) and add a paragraph (d).
    The addition reads as follows:


Sec.  117.899  Youngs Bay and Lewis and Clark River.

* * * * *
    (d) The draw of the Oregon State (Old Youngs Bay) highway bridge, 
mile 2.4, across Youngs Bay foot of Fifth Street, shall open half of 
the double bascule span 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 through October 31, 2016. 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.

R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2016-10772 Filed 5-6-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 89 / Monday, May 9, 2016 / Rules and Regulations 28019

on the ability of the Old Youngs Bay distribution of power and jeopardizing the safety or security of
Bridge to open half the span on signal. responsibilities among the various people, places or vessels.
levels of government. We have analyzed
B. Impact on Small Entities List of Subjects in 33 CFR Part 117
this rule under that Order and have
The Regulatory Flexibility Act of 1980 determined that it is consistent with the Bridges.
(RFA), 5 U.S.C. 601–612, as amended, fundamental federalism principles and For the reasons discussed in the
requires federal agencies to consider the preemption requirements described in preamble, the Coast Guard amends 33
potential impact of regulations on small E.O. 13132. CFR part 117 as follows:
entities during rulemaking. The term Also, this rule does not have tribal
‘‘small entities’’ comprises small implications under E.O. 13175, PART 117—DRAWBRIDGE
businesses, not-for-profit organizations Consultation and Coordination with OPERATION REGULATIONS
that are independently owned and Indian Tribal Governments, because it
operated and are not dominant in their would not have a substantial direct ■ 1. The authority citation for part 117
fields, and governmental jurisdictions effect on one or more Indian tribes, on continues to read as follows:
with populations of less than 50,000. the relationship between the Federal Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
The Coast Guard certifies under 5 U.S.C. Government and Indian tribes, or on the Department of Homeland Security Delegation
605(b) that this rule will not have a distribution of power and No. 0170.1.
significant economic impact on a responsibilities between the Federal
substantial number of small entities. ■ 2. In § 117.899, from 12 a.m. on June
Government and Indian tribes.
While some owners or operators of 16, 2016 through 11:59 p.m. on October
vessels intending to transit the bridge E. Unfunded Mandates Reform Act 31, 2016, suspend paragraph (b) and add
may be small entities, for the reasons The Unfunded Mandates Reform Act a paragraph (d).
stated in section V.A above, this rule of 1995 (2 U.S.C. 1531–1538) requires The addition reads as follows:
would not have a significant economic Federal agencies to assess the effects of § 117.899 Youngs Bay and Lewis and
impact on any vessel owner or operator. their discretionary regulatory actions. In Clark River.
Under section 213(a) of the Small particular, the Act addresses actions * * * * *
Business Regulatory Enforcement that may result in the expenditure by a (d) The draw of the Oregon State (Old
Fairness Act of 1996 (Pub. L. 104–121), State, local, or tribal government, in the Youngs Bay) highway bridge, mile 2.4,
we want to assist small entities in aggregate, or by the private sector of across Youngs Bay foot of Fifth Street,
understanding this rule. If the rule $100,000,000 (adjusted for inflation) or shall open half of the double bascule
would affect your small business, more in any one year. Though this rule span on signal for the passage of vessels,
organization, or governmental will not result in such expenditure, we if at least one half-hour notice is given
jurisdiction and you have questions do discuss the effects of this proposed to the drawtender, at the Lewis and
concerning its provisions or options for rule elsewhere in this preamble. Clark River Bridge by marine radio,
compliance, please contact the person telephone, or other suitable means from
F. Environment
listed in the FOR FURTHER INFORMATION 7 a.m. to 5 p.m. Monday through Friday
CONTACT, above. We have analyzed this proposed rule
under Department of Homeland and from 8 a.m. to 4 p.m. Saturday and
Small businesses may send comments
Security Management Directive 023–01 Sunday through October 31, 2016. At all
on the actions of Federal employees
and Commandant Instruction other times, including all Federal
who enforce, or otherwise determine
M16475.lD, which guides the Coast holidays, but Columbus Day, at least a
compliance with, Federal regulations to
Guard in complying with the National two-hour notice by telephone is
the Small Business and Agriculture
Environmental Policy Act of 1969 required. The opening signal is two
Regulatory Enforcement Ombudsman
(NEPA) (42 U.S.C. 4321–4370f), and prolonged blasts followed by one short
and the Regional Small Business
have made a preliminary determination blast.
Regulatory Fairness Boards. The
Ombudsman evaluates these actions that this action is one of a category of R.T. Gromlich,
annually and rates each agency’s actions which do not individually or Rear Admiral, U.S. Coast Guard, Commander,
responsiveness to small business. If you cumulatively have a significant effect on Thirteenth Coast Guard District.
wish to comment on actions by the human environment. This proposed [FR Doc. 2016–10772 Filed 5–6–16; 8:45 am]
employees of the Coast Guard, call 1– rule simply promulgates the operating BILLING CODE 9110–04–P
888–REG–FAIR (1–888–734–3247). The regulations or procedures for
Coast Guard will not retaliate against drawbridges. Normally such actions are
small entities that question or complain categorically excluded from further DEPARTMENT OF HOMELAND
about this rule or any policy or action review, under figure 2–1, paragraph SECURITY
of the Coast Guard. (32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of Coast Guard
C. Collection of Information the Instruction, an environmental
This rule would call for no new analysis checklist and a categorical 33 CFR Part 165
collection of information under the exclusion determination are not
Paperwork Reduction Act of 1995 (44 required for this rule. [Docket No. USCG–2016–0177]
U.S.C. 3501–3520).
G. Protest Activities RIN 1625–AA00
mstockstill on DSK3G9T082PROD with RULES

D. Federalism and Indian Tribal The Coast Guard respects the First
Government Amendment rights of protesters. Safety Zone: San Francisco State
A rule has implications for federalism Protesters are asked to contact the Graduation Fireworks Display, San
under E.O. 13132, Federalism, if it has person listed in the FOR FURTHER Francisco, CA
a substantial direct effect on the States, INFORMATION CONTACT section to AGENCY: Coast Guard, DHS.
on the relationship between the national coordinate protest activities so that your
ACTION: Temporary final rule.
government and the States, or on the message can be received without

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Document Created: 2018-02-07 14:50:10
Document Modified: 2018-02-07 14:50:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This temporary final rule is effective from 12 a.m. on June 16, 2016 through 11:59 p.m. on October 31, 2016.
Contact		If you have questions on this temporary final rule, call or email Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District Bridge Program Office, telephone 206-220-7282; email [email protected]
FR Citation		81 FR 28018
RIN Number		1625-AA09

81 FR 28018 - Drawbridge Operation Regulation; Youngs Bay, Astoria, OR

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 89 (May 9, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard