83_FR_2070 83 FR 2060 - Drawbridge Operation Regulation; Isthmus Slough, Coos Bay, OR

83 FR 2060 - Drawbridge Operation Regulation; Isthmus Slough, Coos Bay, OR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range2060-2062
FR Document2018-00611

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.

Federal Register, Volume 83 Issue 10 (Tuesday, January 16, 2018)
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2060-2062]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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 
[email protected].

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



                                             2060              Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations

                                             Commission has determined that                          PART 575—CIVIL FINES                                   email Steven M. Fischer, Bridge
                                             consultations with Indian gaming tribes                                                                        Administrator, Thirteenth Coast Guard
                                             is not practicable, as Congress has                     ■ 1. The authority citation for part 575               District Bridge Program Office,
                                             mandated that annual civil penalty                      continues to read as follows:                          telephone 206–220–7282; email d13-pf-
                                             adjustments in the Act be implemented                     Authority: 25 U.S.C. 2705(a), 2706, 2713,            d13bridges@uscg.mil.
                                             no later than January 15th of each year.                2715; and Sec. 701, Pub. L. 114–74, 129 Stat.          SUPPLEMENTARY INFORMATION:
                                                                                                     599.
                                             Paperwork Reduction Act                                                                                        I. Table of Abbreviations
                                                                                                     § 575.4    [Amended]
                                               This final rule does not affect any                                                                          CFR Code of Federal Regulations
                                             information collections under the                       ■ 2. Amend the introductory text of                    DHS Department of Homeland Security
                                             Paperwork Reduction Act.                                § 575.4 by removing ‘‘$50,276’’ and                    FR Federal Register
                                                                                                     adding in its place ‘‘$51,302’’.                       NPRM Notice of proposed rulemaking
                                             National Environmental Policy Act                                                                              Pub. L. Public Law
                                                                                                       Dated: January 9, 2018.                              ODOT Oregon Department of
                                                This final rule does not constitute a                Jonodev O. Chaudhuri,                                      Transportation
                                             major federal action significantly                      Chairman,                                              § Section
                                             affecting the quality of the human                                                                             U.S.C. United States Code
                                                                                                     Kathryn Isom-Clause,
                                             environment.
                                                                                                     Vice Chair,                                            II. Background, Purpose and Legal
                                             Information Quality Act                                 E. Sequoyah Simermeyer,                                Basis
                                               In developing this final rule, the                    Associate Commissioner.                                  On October 24, 2017, we published a
                                             Commission did not conduct or use a                     [FR Doc. 2018–00505 Filed 1–12–18; 8:45 am]            notice of proposed rulemaking (NPRM)
                                             study, experiment, or survey requiring                  BILLING CODE 7565–01–P                                 entitled Drawbridge Operation
                                             peer review under the Information                                                                              Regulation; Isthmus Slough, Coos Bay,
                                             Quality Act (Pub. L. 106–554).                                                                                 OR, in the Federal Register (82 FR
                                                                                                     DEPARTMENT OF HOMELAND                                 49153). We received no comments on
                                             Effects on the Energy Supply                                                                                   this rule. ODOT owns and operates the
                                                                                                     SECURITY
                                               This final rule is not a significant                                                                         double bascule Isthmus Slough Bridge,
                                             energy action under the definition in                   Coast Guard                                            across Isthmus Slough, mile 1.0, at Coos
                                             Executive Order 13211. A Statement of                                                                          Bay, OR. The operating regulation has
                                             Energy Effects is not required.                         33 CFR Part 117                                        been temporarily modified to
                                                                                                                                                            accommodate ODOT’s painting,
                                             Clarity of This Regulation                              [Docket No. USCG–2017–0868]
                                                                                                                                                            preservation, and upgrading of the
                                                The Commission is required by                        RIN 1625–AA09                                          bridge electrical systems. Isthmus
                                             Executive Orders 12866 and 12988 and                                                                           Slough provides no alternate routes to
                                                                                                     Drawbridge Operation Regulation;                       pass around the Isthmus Slough Bridge.
                                             by the Presidential Memorandum of
                                                                                                     Isthmus Slough, Coos Bay, OR                           To facilitate this event, ODOT will
                                             June 1, 1998, to write all rules in plain
                                             language. This means that each rule that                AGENCY:    Coast Guard, DHS.                           operate the double bascule bridge in
                                             the Commission publishes must:                                                                                 single leaf mode (half of the span), and
                                                                                                     ACTION:   Temporary final rule.
                                                                                                                                                            reduce the vertical clearance of the non-
                                                (a) Be logically organized;
                                                                                                     SUMMARY:   The Coast Guard is                          functioning leaf. Up to ten feet of
                                                (b) use the active voice to address                                                                         containment will be installed under the
                                                                                                     temporarily modifying the operating
                                             readers directly;                                                                                              non-functioning leaf only, and will
                                                                                                     schedule that governs the Oregon State
                                                (c) use clear language rather than                   secondary highway bridge (Isthmus                      reduce the vertical clearance to 18 feet.
                                             jargon;                                                 Slough Bridge), across Isthmus Slough,                 Vessels that do not require an opening
                                                (d) be divided into short sections and               mile 1.0, at Coos Bay, OR. To                          may transit under the bridge at any
                                             sentences; and                                          accommodate Oregon Department of                       time. We approved a temporary
                                                (e) use lists and tables wherever                    Transportation’s (ODOT) preservation,                  deviation on August 4, 2017 (82 FR
                                             possible.                                               painting and replacement of the bridge                 36332), with the same change in bridge
                                                                                                     equipment, ODOT will operate half the                  operations as this rule change. We have
                                             Required Determinations Under the                       double bascule span (single leaf).                     not received any reports of problems or
                                             Administrative Procedure Act                            Additionally, during the period of this                complaints with the subject bridge
                                               In accordance with the Act, agencies                  work, the non-functioning leaf of the                  operating under the temporary
                                             are to annually adjust civil monetary                   span’s vertical clearance will be                      deviation.
                                             penalties without providing an                          reduced.                                               III. Legal Authority and Need for Rule
                                             opportunity for notice and comment,                     DATES:  This temporary final rule is                      The Coast Guard is issuing this rule
                                             and without a delay in its effective date.              effective from 6 a.m. on February 26,                  under authority 33 U.S.C. 499. Isthmus
                                             Therefore, the Commission is not                        2018 to 6 p.m. on July 31, 2019.                       Slough Bridge, across Isthmus Slough,
                                             required to complete a notice and                       ADDRESSES: To view documents                           mile 1.0, at Coos Bay, OR, is a double
                                             comment process prior to promulgation.                  mentioned in this preamble as being                    bascule drawbridge, and provides a
                                             List of Subjects in 25 CFR Part 575                     available in the docket, go to http://                 vertical clearance of 28 feet in the
                                                                                                     www.regulations.gov. Type USCG–                        closed-to-navigation position referenced
daltland on DSKBBV9HB2PROD with RULES




                                               Administrative practice and                           2017–0868 in the ‘‘SEARCH’’ box and                    to the vertical clearance above mean
                                             procedure, Gaming, Indian lands,                        click ‘‘SEARCH.’’ Click on Open Docket                 high water tide level. ODOT cannot
                                             Penalties.                                              Folder on the line associated with this                complete scheduled maintenance and
                                               For the reasons set forth in the                      rulemaking.                                            equipment upgrades unless the
                                             preamble, the Commission amends 25                      FOR FURTHER INFORMATION CONTACT: If                    operating schedule for the subject bridge
                                             CFR part 575 as follows:                                you have questions on this rule, call or               is changed.


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                                                               Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations                                           2061

                                                We approved a temporary deviation                    pursuant to OMB guidance it is exempt                  Reduction Act of 1995 (44 U.S.C. 3501–
                                             for this event, but later learned 180 days              from the requirements of Executive                     3520).
                                             will not be enough time to complete the                 Order 13771. This regulatory action
                                                                                                                                                            D. Federalism and Indian Tribal
                                             work. This temporary rule change to 33                  determination is based on the ability for
                                                                                                                                                            Government
                                             CFR 117.879 will allow ODOT time to                     mariners to transit under the bridge
                                             complete their scheduled maintenance                    because the Isthmus Slough Bridge can                     A rule has implications for federalism
                                             and equipment upgrades. This                            open half the draw allowing for the                    under Executive Order 13132,
                                             temporary rule suspends the current                     reasonable needs of navigation.                        Federalism, if it has a substantial direct
                                             paragraph regarding the Isthmus Slough                                                                         effect on the States, on the relationship
                                             Bridge, and adds a temporary new                        B. Impact on Small Entities                            between the national government and
                                             paragraph which amends the operating                       The Regulatory Flexibility Act of 1980              the States, or on the distribution of
                                             schedule of the Isthmus Slough Bridge                   (RFA), 5 U.S.C. 601–612, as amended,                   power and responsibilities among the
                                             by authorizing one half of the draw to                  requires federal agencies to consider the              various levels of government. We have
                                             open on signal, and reduces the                         potential impact of regulations on small               analyzed this rule under that Order and
                                             horizontal clearance and vertical                       entities during rulemaking. The term                   have determined that it is consistent
                                             clearance of the bridge. The temporary                  ‘‘small entities’’ comprises small                     with the fundamental federalism
                                             rule is necessary to accommodate                        businesses, not-for-profit organizations               principles and preemption requirements
                                             painting, preservation, and upgrading of                that are independently owned and                       described in Executive Order 13132.
                                             its electrical systems. One half of the                 operated and are not dominant in their                    Also, this rule does not have tribal
                                             double bascule bridge will have a                       fields, and governmental jurisdictions                 implications under Executive Order
                                             containment system installed on the                     with populations of less than 50,000.                  13175, Consultation and Coordination
                                             non-functioning half of the span, and                   The Coast Guard received no comments                   with Indian Tribal Governments,
                                             therefore reduces the vertical clearance                from the Small Business Administration                 because it does not have a substantial
                                             by ten feet to 18 feet. The horizontal                  on this rule. The Coast Guard certifies                direct effect on one or more Indian
                                             clearance with a full opening is 140 feet.              under 5 U.S.C. 605(b) that this rule will              tribes, on the relationship between the
                                             In single leaf operation, the horizontal                not have a significant economic impact                 Federal Government and Indian tribes,
                                             clearance is reduced to approximately                   on a substantial number of small                       or on the distribution of power and
                                             70 feet.                                                entities. While some owners or                         responsibilities between the Federal
                                                                                                     operators of vessels intending to transit              Government and Indian tribes. We
                                             IV. Discussion of Comments, Changes                                                                            received no (0) comments in the NPRM
                                             and the Temporary Final Rule                            the bridge may be small entities, for the
                                                                                                     reasons stated in section VI.A above,                  for this section.
                                                We published a NPRM in October                       this rule would not have a significant                 E. Unfunded Mandates Reform Act
                                             2017 with a 30 day comment period,                      economic impact on any vessel owner
                                             and did not receive any comments. We                                                                             The Unfunded Mandates Reform Act
                                                                                                     or operator.                                           of 1995 (2 U.S.C. 1531–1538) requires
                                             approved this temporary rule change to
                                                                                                        Under section 213(a) of the Small                   Federal agencies to assess the effects of
                                             33 CFR 117.879 to be in effect from 6
                                                                                                     Business Regulatory Enforcement                        their discretionary regulatory actions. In
                                             a.m. on February 26, 2018, through 6
                                                                                                     Fairness Act of 1996 (Public Law 104–                  particular, the Act addresses actions
                                             p.m. on July 31, 2019. This temporary
                                                                                                     121), we want to assist small entities in              that may result in the expenditure by a
                                             rule authorizes ODOT to operate the
                                                                                                     understanding this rule. If the rule                   State, local, or tribal government, in the
                                             Isthmus Slough Bridge one half of the
                                                                                                     would affect your small business,                      aggregate, or by the private sector of
                                             draw on signal if at least 24 hours notice
                                                                                                     organization, or governmental                          $100,000,000 (adjusted for inflation) or
                                             is given to the bridge operator, and
                                                                                                     jurisdiction, and you have questions                   more in any one year. Though this rule
                                             reduce the horizontal clearance and
                                                                                                     concerning its provisions or options for               will not result in such an expenditure,
                                             vertical clearance of the bridge.
                                                                                                     compliance, please contact the person                  we do discuss the effects of this rule
                                             V. Regulatory Analyses                                  listed in the FOR FURTHER INFORMATION                  elsewhere in this preamble. We received
                                               We developed this rule after                          CONTACT, above.                                        no (0) comments in the NPRM for this
                                             considering numerous statutes and                          Small businesses may send comments                  section.
                                             Executive Orders related to rulemaking.                 on the actions of Federal employees
                                                                                                     who enforce, or otherwise determine                    F. Environment
                                             Below we summarize our analyses
                                             based on a number of these statutes and                 compliance with, Federal regulations to                   We have analyzed this rule under
                                             Executive Orders, and we discuss First                  the Small Business and Agriculture                     Department of Homeland Security
                                             Amendment rights of protesters.                         Regulatory Enforcement Ombudsman                       Management Directive 023–01 and
                                                                                                     and the Regional Small Business                        Commandant Instruction M16475.lD,
                                             A. Regulatory Planning and Review                       Regulatory Fairness Boards. The                        which guides the Coast Guard in
                                                Executive Orders 12866 and 13563                     Ombudsman evaluates these actions                      complying with the National
                                             direct agencies to assess the costs and                 annually and rates each agency’s                       Environmental Policy Act of 1969
                                             benefits of available regulatory                        responsiveness to small business. If you               (NEPA) (42 U.S.C. 4321–4370f), and
                                             alternatives and, if regulation is                      wish to comment on actions by                          have made a determination that this
                                             necessary, to select regulatory                         employees of the Coast Guard, call 1–                  action is one of a category of actions
                                             approaches that maximize net benefits.                  888–REG–FAIR (1–888–734–3247). The                     which do not individually or
                                             Executive Order 13771 directs agencies                  Coast Guard will not retaliate against                 cumulatively have a significant effect on
                                             to control regulatory costs through a                   small entities that question or complain               the human environment. This rule
daltland on DSKBBV9HB2PROD with RULES




                                             budgeting process. This rule has not                    about this rule or any policy or action                simply promulgates the operating
                                             been designated a ‘‘significant                         of the Coast Guard.                                    regulations or procedures for
                                             regulatory action,’’ under Executive                                                                           drawbridges. This action is categorically
                                                                                                     C. Collection of Information
                                             Order 12866. Accordingly, it has not                                                                           excluded from further review, under
                                             been reviewed by the Office of                            This rule calls for no new collection                figure 2–1, paragraph (32) (e), of the
                                             Management and Budget (OMB) and                         of information under the Paperwork                     Instruction. A Record of Environmental


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                                             2062                Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations

                                             Consideration and a Memorandum for                       civil monetary penalties (CMPs) for                    Adjustment Act to improve the
                                             the Record are not required for this rule.               inflation. An initial ‘‘catch-up’’                     effectiveness of CMPs and to maintain
                                                                                                      adjustment was required by the Federal                 their deterrent effect.
                                             G. Protest Activities                                                                                              The 2015 Act requires agencies to: (1)
                                                                                                      Civil Penalties Inflation Adjustment Act
                                               The Coast Guard respects the First                     Improvements Act of 2015 (2015 Act),                   Adjust the level of CMPs with an initial
                                             Amendment rights of protesters.                          which amended the Federal Civil                        ‘‘catch-up’’ adjustment through an
                                             Protesters are asked to contact the                      Penalties Inflation Adjustment Act of                  interim final rule (IFR); and (2) make
                                             person listed in the ‘‘For Further                       1990 (Inflation Adjustment Act). These                 subsequent annual adjustments for
                                             Information Contact’’ section to                         final regulations provide the 2018                     inflation. Catch-up adjustments are
                                             coordinate protest activities so that your               annual inflation adjustments being                     based on the percentage change between
                                             message can be received without                          made to the penalty amounts in the                     the Consumer Price Index for all Urban
                                             jeopardizing the safety or security of                   Department’s final regulations                         Consumers (CPI–U) for the month of
                                             people, places or vessels.                               published in the Federal Register on                   October in the year the penalty was last
                                                                                                      April 20, 2017 (2017 final rule).                      adjusted by a statute other than the
                                             List of Subjects in 33 CFR Part 117                                                                             Inflation Adjustment Act, and the
                                                                                                      DATES: These regulations are effective
                                               Bridges.                                               January 15, 2018. The adjusted CMPs                    October 2015 CPI–U. Annual inflation
                                               For the reasons discussed in the                       established by these regulations are                   adjustments are based on the percentage
                                             preamble, the Coast Guard amends 33                      applicable only to civil penalties                     change between the October CPI–U
                                             CFR part 117 as follows:                                 assessed after January 15, 2018, whose                 preceding the date of each statutory
                                                                                                      associated violations occurred after                   adjustment, and the prior year’s October
                                             PART 117—DRAWBRIDGE                                      November 2, 2015.                                      CPI–U.1 The Department published an
                                             OPERATION REGULATIONS                                                                                           IFR with the initial ‘‘catch-up’’ penalty
                                                                                                      FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             adjustment amounts on August 1, 2016
                                             ■ 1. The authority citation for part 117                 Levon Schlichter, U.S. Department of                   (81 FR 50321).
                                             continues to read as follows:                            Education, Office of the General                          In these final regulations, based on
                                                                                                      Counsel, 400 Maryland Avenue SW,                       the CPI–U for the month of October
                                               Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                             and Department of Homeland Security
                                                                                                      Room 6E235, Washington, DC 20202–                      2017, not seasonally adjusted, we are
                                             Delegation No. 0170.1.                                   2241. Telephone: (202) 453–6387 or by                  annually adjusting each CMP amount by
                                                                                                      email: levon.schlichter@ed.gov.                        a multiplier for 2018 of 1.02041, as
                                             § 117.879    [Suspended]                                    If you use a telecommunications                     directed by the Office of Management
                                             ■ 2. Suspend § 117.879 effective 6 a.m.                  device for the deaf or a text telephone,               and Budget (OMB) Memorandum No.
                                             on February 26, 2018, through 6 p.m. on                  call the Federal Relay Service, toll free,             M–18–03 issued on December 15, 2017.
                                             July 31, 2019.                                           at 1–800–877–8339.
                                                                                                         Individuals with disabilities can                   The Department’s Civil Monetary
                                             ■ 3. Add temporary § 117.T879,                                                                                  Penalties
                                                                                                      obtain this document in an accessible
                                             effective 6 a.m. on February 26, 2018,                   format (e.g., braille, large print,
                                             through 6 p.m. on July 31, 2019, to read                                                                           The following analysis calculates new
                                                                                                      audiotape, or compact disc) on request                 CMPs for penalty statutes in the order
                                             as follows:                                              to the contact person listed in this                   in which they appear in 34 CFR 36.2.
                                             § 117.T879       Isthmus Slough.                         section.                                               The penalty amounts are being adjusted
                                               The draw of the Oregon State                           SUPPLEMENTARY INFORMATION:                             up based on the multiplier of 1.02041
                                             secondary highway bridge, mile 1.0, at                                                                          provided in OMB Memorandum No. M–
                                                                                                      Background                                             18–03.
                                             Coos Bay, shall operate in single leaf,
                                             and open half the draw on signal if at                      A CMP is defined in the Inflation                      Statute: 20 U.S.C. 1015(c)(5).
                                             least 24 hours notice is given. The                      Adjustment Act (28 U.S.C. 2461 note) as                   Current Regulations: The CMP for 20
                                             vertical clearance of the non-functioning                any penalty, fine, or other sanction that              U.S.C. 1015(c)(5) (Section 131(c)(5) of
                                             leaf will be reduced up to ten feet.                     is (1) for a specific monetary amount as               the Higher Education Act of 1965, as
                                                                                                      provided by Federal law, or has a                      amended (HEA)), as last set out in
                                             David G. Throop,                                         maximum amount provided for by                         statute in 1998 (Pub. Law 105–244, title
                                             Rear Admiral, U.S. Coast Guard, Commander,               Federal law; (2) assessed or enforced by               I, § 101(a), October 7, 1998, 112 Stat.
                                             Thirteenth Coast Guard District.                         an agency pursuant to Federal law; and                 1602), is a fine of up to $25,000 for
                                             [FR Doc. 2018–00611 Filed 1–12–18; 8:45 am]              (3) assessed or enforced pursuant to an                failure by an institution of higher
                                             BILLING CODE 9110–04–P                                   administrative proceeding or a civil                   education (IHE) to provide information
                                                                                                      action in the Federal courts.                          on the cost of higher education to the
                                                                                                         The Inflation Adjustment Act                        Commissioner of Education Statistics. In
                                             DEPARTMENT OF EDUCATION                                  provides for the regular evaluation of                 the 2017 final rule, we increased this
                                                                                                      CMPs to ensure that they continue to                   amount to $36,849.
                                             34 CFR Parts 36 and 668                                  maintain their deterrent value. The                       New Regulations: The new penalty for
                                                                                                      Inflation Adjustment Act required that                 this section is $37,601.
                                             [Docket ID ED–2018–OGC–0004]                                                                                       Reason: Using the multiplier of
                                                                                                      each agency issue regulations to adjust
                                             RIN 1801–AA17                                            its CMPs beginning in 1996 and at least                1.02041 from OMB Memorandum No.
                                                                                                      every four years thereafter. The                       M–18–03, the new penalty is calculated
                                             Adjustment of Civil Monetary Penalties
                                                                                                      Department published its most recent                   as follows: $36,849 × 1.02041 =
                                             for Inflation                                                                                                   $37,601.09, which makes the adjusted
daltland on DSKBBV9HB2PROD with RULES




                                                                                                      cost adjustment to its CMPs in the
                                                                                                      Federal Register on April 20, 2017 (82                 penalty $37,601, when rounded to the
                                             AGENCY:    Department of Education.
                                                                                                      FR 18559), and those adjustments                       nearest dollar.
                                             ACTION:   Final regulations.
                                                                                                      became effective on the date of                          1 If a statute that created a penalty is amended to
                                             SUMMARY:  The Department of Education                    publication.                                           change the penalty amount, the Department does
                                             (Department) issues these final                             The 2015 Act (section 701 of Pub.                   not adjust the penalty in the year following the
                                             regulations to adjust the Department’s                   Law 114–74) amended the Inflation                      adjustment.



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Document Created: 2018-01-13 02:02:56
Document Modified: 2018-01-13 02:02:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis temporary final rule is effective from 6 a.m. on February 26, 2018 to 6 p.m. on July 31, 2019.
ContactIf 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]
FR Citation83 FR 2060 
RIN Number1625-AA09

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