Drawbridge Operation Regulation; Umpqua River, Reedsport, OR, 47242-47245 [2013-18741]
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Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Proposed Rules
uniform criterion of 16 picograms per
liter.
Over the course of the next three-anda-half years, the Commission continued
to work with co-regulators on an
implementation strategy for point and
non-point sources to accompany the
proposed uniform criterion. A notice of
proposed rulemaking to amend the
current PCB criteria and to invite
comment on an implementation plan
was issued in August 2009 (see 74 FR
41100). The Commission deferred action
on the proposal, however, pending the
refinement of implementation strategies
for point sources. The updated, uniform
criterion of 16 picograms per liter is
now re-proposed, and a draft
implementation strategy that has been
revised for point sources is
simultaneously published for comment.
Proposed Amendment. It is proposed
to amend Table 6 in Section 3.30 of
Article 3 of the Water Quality
Regulations and Water Code as follows:
For the parameter ‘‘PCBs (Total)’’, in the
column headed ‘‘Freshwater Objectives
(ug/l): Fish & Water Ingestion,’’ by
removing the number ‘‘0.0000444’’ and
inserting ‘‘0.000016’’; in the column
headed ‘‘Freshwater Objectives (ug/l):
Fish Ingestion Only,’’ by removing the
number ‘‘0.0000448’’ and inserting
‘‘0.000016’’; and in the column headed
‘‘Marine Objectives (ug/l): Fish
Ingestion Only,’’ by removing the
number ‘‘0.0000079’’ and inserting
‘‘0.000016’’. It is further proposed to
amend paragraph 410.1(c) of title 18 of
the Code of Federal Regulations by
replacing the date of incorporation by
reference that appears there (December
8, 2010), with the date on which the
Commission adopts a final rule in
response to this proposal.
Water Quality Impairment for PCBs.
Because high levels of PCBs have
resulted in state-issued fish
consumption advisories for certain
species caught in the Estuary and Bay,
these waters are listed by the bordering
states as impaired under Section 303(d)
of the federal Clean Water Act (‘‘CWA’’),
and a total maximum daily load
(‘‘TMDL’’) is required to be established
for them. A TMDL expresses the
maximum amount of a pollutant that a
water body can receive and still attain
water quality standards. Once the TMDL
is calculated, it is allocated to all
sources in the watershed—point and
nonpoint. In order to ensure the
attainment and maintenance of water
quality standards, a source must not
discharge a load in excess of its
allocated share of the TMDL.
The EPA established TMDLs for PCBs
on behalf of the states in December of
2003 for the Delaware Estuary and in
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December of 2006 for the Delaware Bay
(‘‘Stage 1 TMDLs’’). Upon adoption of
revised human health water quality
criteria for PCBs in the Delaware
Estuary and Bay, it is anticipated that
EPA will establish new TMDLs (‘‘Stage
2 TMDLs’’) corresponding to the
updated criteria.
Implementing PCB Load Reductions.
To initiate PCB reductions, by
Resolution No. 2005–9 in May 2005, the
Commission amended its Water Quality
Regulations (‘‘WQR’’) to establish a
requirement for PCB Pollutant
Minimization Plans (‘‘PMPs’’) (see
Section 4.30.9 of the WQR, incorporated
by reference at 18 CFR Part 410) (‘‘the
PMP Rule’’). In accordance with the
PMP Rule the largest point source
dischargers of PCBs to the Delaware
Estuary and Bay undertook the
development and implementation of
PMPs, including a variety of track-down
and load reduction strategies. Ambient
and effluent data collected between
2005 and 2011 show that their efforts
over the past 12 years (and in some
cases longer) have substantially reduced
point source PCB loadings to the
Estuary and Bay. However, because
PCBs persist in the environment,
including in soils that drain to
municipal and industrial discharge
facilities, most dischargers will require
more time, including in some instances
decades, to achieve the PCB loading
reductions needed to meet their
assigned wasteload allocations.
The draft document entitled
Implementation Strategy for
Polychlorinated Biphenyls for Zones 2–
6 of the Delaware River Estuary
(‘‘Implementation Strategy’’) builds on
the approach embodied by the PMP
Rule. Among other things, it attempts to
better integrate PMP requirements with
the National Pollutant Discharge
Elimination System (NPDES) permit
program administered by the Estuary
states of Delaware, New Jersey and
Pennsylvania pursuant to the CWA.
Notably, the 2003 Delaware Estuary
TMDL report projected that ‘‘due to the
scope and complexity of the problem
that has been defined through these
TMDLs, achieving the estuary water
quality standards for PCBs will take
decades.’’ (EPA 2003, Executive
Summary, p. xiii). Adoption of an
updated, uniform criterion for the
Delaware Estuary and Bay and
implementation of the criterion by
means of the proposed strategy will not
alter this prognosis. However, the
proposed criterion and Implementation
Strategy are intended to align the
Commission’s water quality criteria
with current science and to ensure that
increasingly protective pollutant levels
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in fish and ambient water are achieved
at an aggressive pace until the protected
use—fishable waters—is restored.
Subjects on Which Comment is
Expressly Solicited. Public comment is
solicited on all aspects of the proposed
rule. These include but are not limited
to the assumptions applied in
developing the criterion as set forth in
a basis and background document that
is available on the DRBC Web site,
DRBC.net. Comment on the proposed
Implementation Strategy for the new
criterion, also posted on the Web site, is
simultaneously requested.
Dated: July 30, 2013.
Pamela M. Bush,
Commission Secretary.
[FR Doc. 2013–18810 Filed 8–2–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0526]
RIN 1625–AA09
Drawbridge Operation Regulation;
Umpqua River, Reedsport, OR
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
temporarily change the operating
schedule that governs the U.S. 101
Umpqua River swing bridge, mile 11.1,
at Reedsport, OR. The proposed rule
change is necessary to accommodate
Oregon Department of Transportation’s
(ODOT) extensive bridge maintenance
and restoration efforts. The bridge is
currently scheduled to open on signal if
at least two hours notice is given. ODOT
proposes to only open the bridge with
a minimum of six hours notice and will
limit the openings to twice daily; once
in the morning and once in the evening.
DATES: Comments and related material
must reach the Coast Guard on or before
September 4, 2013.
ADDRESSES: You may submit comments
identified by docket number USCG–
2013–0526 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
SUMMARY:
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Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these four methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule change, call or email Steven M.
Fischer, Lieutenant Commander,
Thirteenth District Bridge Program
Office, Coast Guard, telephone 206–
220–7277; email
Steven.M.Fischer2@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section Symbol
U.S.C. United States Code
emcdonald on DSK67QTVN1PROD with PROPOSALS
A. Public Participation and Request for
Comments
We encourage you to participate in
this proposed rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
proposed rulemaking (USCG–2013–
0526), indicate the specific section of
this document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (https://
www.regulations.gov), or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a phone number in the body of your
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document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2013–0526] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2013–0526) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC, 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting, but you may submit a request
for a meeting that reaches the Coast
Guard on or before August 20, 2013
using one of the four methods specified
under ADDRESSES. Please explain why
one would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Basis and Purpose
The Oregon Department of
Transportation (ODOT), who owns and
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operates this bridge, has requested a
temporary change to the existing
operating regulations of the U.S. 101
Umpqua River Bridge, at Reedsport, OR
to facilitate restoration of the bridge.
The restoration project will entail
painting, rust removal, and steel repairs
which require full containment to keep
paint and debris out of the Umpqua
River. The bridge swing span requires a
containment system that is balanced in
order to allow the bridge to open
properly.
In an effort to accommodate both the
needs of the waterway and highway
users and exercising good stewardship
of public funding, ODOT requested a
temporary rule change in order to
reduce the burden on ODOT
maintenance crews from repeatedly
installing and uninstalling the
containment system. The containment
structure will extend ten feet below the
bridge, reducing the existing clearance
of the bridge from approximately 36 feet
to approximately 26 feet at mean high
tide.
The current operating schedule will
overburden construction crews in that if
the bridge needs to open, the
containment system will need to be
cleaned out and disassembled on both
side spans of the swing span due to the
need to maintain proper balance
between the spans. The estimated time
to clean and disassemble the
containment system is approximately 2
hours.
To facilitate the bridge restoration
work, and to minimize the impact on
navigation, from December 1, 2013 to
September 30, 2015 the drawbridge
would operate as follows: the bridge
shall be maintained in the closed
position to perform maintenance; it
would open twice daily, once at 7 a.m.
and once at 6 p.m., only if an opening
is requested at least six hours in
advance.
The U.S. 101 Umpqua River Bridge is
a swing span drawbridge, near
Reedsport, OR, located at waterway mile
11.1. In the closed position, this
drawbridge has a vertical clearance of
36 feet above mean high tide. Vessel
traffic along this part of the Umpqua
River consists of vessels ranging from
occasional commercial tug and barge to
small pleasure craft. ODOT has
examined bridge opening logs and
contacted all waterway users that have
requested bridge openings throughout
the last two years. The input ODOT
received from waterway users indicated
that the proposed change will likely
have a minimal impact on users, and
ODOT has attempted to mitigate
identified concerns by offering to
provide a location for a limited number
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of vessels up to 75′ in length to dock
during non-opening hours down river
from the U.S. 101 Umpqua River Bridge
at Salmon Harbor Marina.
C. Discussion of Proposed Rule
The Coast Guard would temporarily
revise the operating regulations at 33
CFR 117.893. The regulation currently
states that the U.S. 101 Umpqua River
Bridge shall open on signal if at least
two hours notice is given. The Coast
Guard proposes to temporarily change
the regulation such that from 7 a.m. on
December 1, 2013 to 11:59 p.m. on
September 30, 2015, the draw of the US
101 Bridge, mile 11.1, at Reedsport,
Oregon, shall open at 7 a.m. and 6 p.m.
when at least 6 hours of advance notice
is given.
D. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
emcdonald on DSK67QTVN1PROD with PROPOSALS
1. Regulatory Planning and Review
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, as
supplemented by Executive Order
13563, Improving Regulation and
Regulatory Review, and does not require
an assessment of potential costs and
benefits under section 6(a)(3) of Order
12866 or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders. The Coast Guard has made
this finding based on the fact that all
requested bridge openings will be
granted with advance notification and
vessels that can safely transit under the
bridge may do so at any time.
2. 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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
This proposed rule would affect the
following entities, some of which might
be small entities: the owners or
operators of vessels needing to transit
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the bridge between 7 a.m. and 6 p.m.
Down river dock access will be made
available during closure hours for
vessels awaiting transit, and all vessels
that can safely transit under the bridge
may do so at any time.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
3. Assistance for Small Entities
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
5. Federalism
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 proposed rule under that
Order and have determined that it does
not have implications for federalism.
6. 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.
7. 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
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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
proposed rule will not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 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.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
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Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Proposed Rules
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. This rule is categorically
excluded, 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. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
E. List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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;
and Department of Homeland Security
Delegation No. 0170.1.
2. Amend temporarily § 117.893 to
read as follows:
■
§ 117.893
Umpqua River.
(a) From 7 a.m. on December 1, 2013
to 11:59 p.m. on September 30, 2015,
the draw of the US 101 Bridge, mile
11.1, at Reedsport, Oregon, shall open at
7 a.m. and 6 p.m. when at least 6 hours
of advance notice is given.
Dated: July 23, 2013.
R.T. Gromlich,
Rear Admiral, U. S. Coast Guard Commander,
Thirteenth Coast Guard District.
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NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
36 CFR Part 1250
[FDMS No. NARA–13–0003; Agency No.
NARA–2013–037]
RIN 3095–AB73
NARA Records Subject to FOIA
National Archives and Records
Administration.
ACTION: Proposed rule.
AGENCY:
NARA proposes to revise its
regulation governing Freedom of
Information Act (FOIA) access to
NARA’s archival holdings and NARA’s
own operational records. The proposed
revisions include clarification of which
records are subject to the FOIA and
NARA’s authority to grant access, and
adjustments to NARA’s FOIA
procedures to incorporate changes
resulting from the OPEN FOIA Act of
2009, the OPEN Government Act of
2007, and the Electronic Freedom of
Information Act Amendments of 1996
(EFOIA). The proposed rule will affect
individuals and organizations that file
FOIA requests for NARA operational
records and archival holdings.
DATES: Submit comments on or before
October 4, 2013.
ADDRESSES: You may submit comments,
identified by RIN 3095–AB73, by any of
the following methods:
D Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
D Email:
kimberly.keravuori@nara.gov. Include
RIN 3095–AB73 in the subject line of
the message.
D Fax: 301–837–0319.
D Mail: (For paper, disk, or CD–ROM
submissions. Include RIN 3095–AB73
on the submission) Regulations
Comments Desk, Strategy Division (SP);
Suite 4100; National and Archives
Records Administration; 8601 Adelphi
Road; College Park, MD 20740–6001.
D Hand delivery or courier: Deliver
comments to 8601 Adelphi Road;
College Park, MD.
Instructions: All submissions received
must include the agency name and
Regulatory Information Number (RIN)
for this rulemaking (RIN 3095–AB73).
All comments received may be
published without changes, including
any personal information provided.
FOR FURTHER INFORMATION CONTACT:
Kimberly Keravuori, by telephone at
301–837–3151, by email to
kimberly.keravuori@nara.gov, or by mail
to Kimberly Keravuori, Regulations
Program Manager; Strategy Division
SUMMARY:
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47245
(SP), Suite 4100; National Archives and
Records Administration; 8601 Adelphi
Road; College Park, MD 20740–6001.
SUPPLEMENTARY INFORMATION:
Types of Records and FOIA Access
Unlike most agencies, NARA has two
categories of records governed by FOIA:
NARA’s own operational records and
archival holdings of the Federal
government. Among the archival
holdings, the FOIA applies only to
executive branch records in NARA’s
legal custody and to Presidential records
created since 1981. Presidential
materials in NARA’s custody that were
created before 1981 were donated to the
Federal government by the President
who created them, except that Nixon
presidential materials are governed by
the Presidential Recordings and
Materials Preservation Act (see Part
1275). Access to those records is
governed by the deed of gift pertaining
to those records, and they are therefore
not subject to the FOIA.
NARA cannot grant FOIA access to
the following archival holdings. Access
to these holdings must be granted by the
organizations that created them:
• Executive agency records stored in
NARA’s federal records centers remain
in the legal custody of the agencies that
created them. Access to these records
can be granted only by the creating
agency.
• The records of the U.S. House of
Representatives and U.S. Senate at
NARA remain in the legal custody of the
Congress. Access to those records is
governed by the Secretary of the Senate
and the Speaker of the House.
• Records of the Supreme Court of the
United States at NARA remain in the
legal custody of the Supreme Court, and
it controls access to these records.
Section 1250.6 refers requesters to other
NARA regulations governing access to
these records and to the records of other
Federal legislative and judicial branch
agencies, which are not subject to FOIA.
Changes Due to OPEN Government and
OPEN FOIA Acts
Changes resulting from the OPEN
Government Act of 2007 (Pub. L. 110–
175) and OPEN FOIA Act of 2009 (Pub.
L. 111–83) are found throughout the
proposed rule.
The new § 1250.2 reflects NARA’s
open access mission and culture, which
are defined by a presumption of
openness and by discretionary
disclosures of information.
Section 1250.3 adds the definition of
a FOIA Public Liaison and expanded
definition of a news media
representative. These two additions are
requirements under the OPEN
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]]>Agencies
[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Proposed Rules]
[Pages 47242-47245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18741]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0526]
RIN 1625-AA09
Drawbridge Operation Regulation; Umpqua River, Reedsport, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily change the operating
schedule that governs the U.S. 101 Umpqua River swing bridge, mile
11.1, at Reedsport, OR. The proposed rule change is necessary to
accommodate Oregon Department of Transportation's (ODOT) extensive
bridge maintenance and restoration efforts. The bridge is currently
scheduled to open on signal if at least two hours notice is given. ODOT
proposes to only open the bridge with a minimum of six hours notice and
will limit the openings to twice daily; once in the morning and once in
the evening.
DATES: Comments and related material must reach the Coast Guard on or
before September 4, 2013.
ADDRESSES: You may submit comments identified by docket number USCG-
2013-0526 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE.,
[[Page 47243]]
Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5
p.m., Monday through Friday, except federal holidays. The telephone
number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule change, call or email Steven M. Fischer, Lieutenant Commander,
Thirteenth District Bridge Program Office, Coast Guard, telephone 206-
220-7277; email Steven.M.Fischer2@uscg.mil. If you have questions on
viewing or submitting material to the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. Public Participation and Request for Comments
We encourage you to participate in this proposed rulemaking by
submitting comments and related materials. All comments received will
be posted, without change to https://www.regulations.gov and will
include any personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
proposed rulemaking (USCG-2013-0526), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online (https://www.regulations.gov), or by fax, mail or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2013-0526] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking. If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit them by mail
and would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2013-0526) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC, 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for a meeting that reaches the Coast Guard on or before August
20, 2013 using one of the four methods specified under ADDRESSES.
Please explain why one would be beneficial. If we determine that one
would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.
B. Basis and Purpose
The Oregon Department of Transportation (ODOT), who owns and
operates this bridge, has requested a temporary change to the existing
operating regulations of the U.S. 101 Umpqua River Bridge, at
Reedsport, OR to facilitate restoration of the bridge. The restoration
project will entail painting, rust removal, and steel repairs which
require full containment to keep paint and debris out of the Umpqua
River. The bridge swing span requires a containment system that is
balanced in order to allow the bridge to open properly.
In an effort to accommodate both the needs of the waterway and
highway users and exercising good stewardship of public funding, ODOT
requested a temporary rule change in order to reduce the burden on ODOT
maintenance crews from repeatedly installing and uninstalling the
containment system. The containment structure will extend ten feet
below the bridge, reducing the existing clearance of the bridge from
approximately 36 feet to approximately 26 feet at mean high tide.
The current operating schedule will overburden construction crews
in that if the bridge needs to open, the containment system will need
to be cleaned out and disassembled on both side spans of the swing span
due to the need to maintain proper balance between the spans. The
estimated time to clean and disassemble the containment system is
approximately 2 hours.
To facilitate the bridge restoration work, and to minimize the
impact on navigation, from December 1, 2013 to September 30, 2015 the
drawbridge would operate as follows: the bridge shall be maintained in
the closed position to perform maintenance; it would open twice daily,
once at 7 a.m. and once at 6 p.m., only if an opening is requested at
least six hours in advance.
The U.S. 101 Umpqua River Bridge is a swing span drawbridge, near
Reedsport, OR, located at waterway mile 11.1. In the closed position,
this drawbridge has a vertical clearance of 36 feet above mean high
tide. Vessel traffic along this part of the Umpqua River consists of
vessels ranging from occasional commercial tug and barge to small
pleasure craft. ODOT has examined bridge opening logs and contacted all
waterway users that have requested bridge openings throughout the last
two years. The input ODOT received from waterway users indicated that
the proposed change will likely have a minimal impact on users, and
ODOT has attempted to mitigate identified concerns by offering to
provide a location for a limited number
[[Page 47244]]
of vessels up to 75' in length to dock during non-opening hours down
river from the U.S. 101 Umpqua River Bridge at Salmon Harbor Marina.
C. Discussion of Proposed Rule
The Coast Guard would temporarily revise the operating regulations
at 33 CFR 117.893. The regulation currently states that the U.S. 101
Umpqua River Bridge shall open on signal if at least two hours notice
is given. The Coast Guard proposes to temporarily change the regulation
such that from 7 a.m. on December 1, 2013 to 11:59 p.m. on September
30, 2015, the draw of the US 101 Bridge, mile 11.1, at Reedsport,
Oregon, shall open at 7 a.m. and 6 p.m. when at least 6 hours of
advance notice is given.
D. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders. The Coast Guard has made this
finding based on the fact that all requested bridge openings will be
granted with advance notification and vessels that can safely transit
under the bridge may do so at any time.
2. 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
proposed rule would not have a significant economic impact on a
substantial number of small entities. This proposed rule would affect
the following entities, some of which might be small entities: the
owners or operators of vessels needing to transit the bridge between 7
a.m. and 6 p.m. Down river dock access will be made available during
closure hours for vessels awaiting transit, and all vessels that can
safely transit under the bridge may do so at any time.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
5. Federalism
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 proposed rule under that Order and
have determined that it does not have implications for federalism.
6. 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.
7. 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 proposed rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and
[[Page 47245]]
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. This rule is categorically excluded, 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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
E. List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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.
0
2. Amend temporarily Sec. 117.893 to read as follows:
Sec. 117.893 Umpqua River.
(a) From 7 a.m. on December 1, 2013 to 11:59 p.m. on September 30,
2015, the draw of the US 101 Bridge, mile 11.1, at Reedsport, Oregon,
shall open at 7 a.m. and 6 p.m. when at least 6 hours of advance notice
is given.
Dated: July 23, 2013.
R.T. Gromlich,
Rear Admiral, U. S. Coast Guard Commander, Thirteenth Coast Guard
District.
[FR Doc. 2013-18741 Filed 8-2-13; 8:45 am]
BILLING CODE 9110-04-P
