Drawbridge Operation Regulation; Umpqua River, Reedsport, OR, 70220-70222 [2013-28040]

Download as PDF 70220 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations FR Federal Register NPRM Notice of Proposed Rulemaking § Section Symbol U.S.C. United States Code 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. Temporary final rule. AGENCY: ACTION: The Coast Guard is temporarily modifying the operating schedule that governs the U.S. 101 Umpqua river swing bridge, mile 11.1, at Reedsport, OR. The 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. The ODOT will 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: This temporary final rule is effective from 7 a.m. on December 1, 2013 to 11:59 p.m. on September 30, 2015. SUMMARY: Documents mentioned in this preamble are part of docket [USCG– 2013–0526]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary final rule, call or email call or email Steven M. Fischer, Thirteenth District Bridge Program Office, Coast Guard, telephone 206–220–7282; email Steven.M.Fischer3@uscg.mil. If you have questions on viewing the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: emcdonald on DSK67QTVN1PROD with RULES ADDRESSES: Table of Acronyms CFR Code of Federal Regulations DHS Department of Homeland Security VerDate Mar<15>2010 15:59 Nov 22, 2013 Jkt 232001 A. Regulatory History and Information On August 5, 2013 the Coast Guard published a notice of proposed rulemaking (NPRM) entitled ‘‘Drawbridge Operation Regulation; Umpqua River, Reedsport, OR in the Federal Register (77 FR 47242). We received 0 comments on the proposed rule. No public meeting was requested, and none was held. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective in less than 30 days after publication in the Federal Register. The NPRM produced 0 comments and all waterway users of the bridge have been contacted and agreed to the Oregon Department of Transportation renovation plan. B. Basis and Purpose 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. The current operating regulations states that the U.S. 101 Umpqua River Bridge shall open on signal if at least two hours notice is given. The vessel traffic along this part of the Umpqua River consists of vessels ranging from occasional commercial tug and barge to small pleasure craft. The Oregon Department of Transportation (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 change will likely have a minimal impact on users, and ODOT has identified and mitigated concerns by offering to provide a location for a limited number 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. The 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. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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. C. Discussion of Comments, Changes and the Temporary Final Rule The Coast Guard provided a 30 day comment period on the notice of proposed rulemaking and no comments were received. The Temporary Final Rule modifies the operating regulation for the US 101 Umpqua River Bridge and requires that the bridge will only open twice daily, once at 7 a.m. and once at 6 p.m., and only if an opening is requested at least six hours in advance. This differs from the existing regulation in that the presently the bridge will open at all times (except during authorized closure periods) provided that two hours advanced notice is given. This amendment is necessary to increase efficiencies for the ODOT construction crews and accommodate both the needs of the waterway and highway users while exercise good stewardship of public funding during ODOT extensive bridge maintenance and restoration efforts from December 2013 through September 2015. This will be accomplished by eliminating the current open-on-demand regulation which would require the ODOT construction crews from repeatedly installing and uninstalling the containment system which needs to be cleaned out and disassembled on both sides 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. We did make a change from what we proposed in the NPRM. We revised the amendatory instructions so that paragraph (a) of 33 CFR 117.893, which governs the current schedule for the draw of the US 101 Bridge, mile 11.1, at Reedsport, Oregon, is suspended for the duration of the rule, and a paragraph (d), reading the same as the revised paragraph we proposed in the NPRM, is added for the duration of the rule. This will achieve the intended result of the schedule reverting back to the current schedule after ODOT extensive bridge maintenance and restoration efforts are completed and this rule expires. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders. E:\FR\FM\25NOR1.SGM 25NOR1 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations 1. Regulatory Planning and Review This 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 bases this finding on the facts that all impacted vessels will be granted with advance notification and that ODOT has agreed to docking location for a limited number of vessels up to 75’ in length to dock during nonopening hours down river from the U.S. 101 Umpqua River Bridge at Salmon Harbor Marina. 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 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 because all vessels asking for an opening will receive an opening. Additionally, because the bridge provides 36 feet of vertical clearance when it is in the closed position vessels which do not require and opening to pass beneath the bridge may do so at any time. emcdonald on DSK67QTVN1PROD with RULES 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 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 VerDate Mar<15>2010 15:59 Nov 22, 2013 Jkt 232001 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. 4. 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). 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 rule under that Order and have determined that it does not have implications for federalism. The Coast Guard provided a 30-day comment period and no comments were received, therefore our determination that this rule does not have implications for federalism remains unchanged. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. The Coast Guard provided a 30-day comment period and no comments were received, therefore our determination that this rule does not have implications for Unfunded Mandate Reform Act remains unchanged. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 70221 8. Taking of Private Property This rule will 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 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 rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments 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. 12. Energy Effects This action 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 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 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 concluded 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 regulation for a drawbridge. This rule is categorically excluded, under figure 2–1, paragraph (32)(e), of the Instruction. E:\FR\FM\25NOR1.SGM 25NOR1 70222 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations 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. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. Amend § 117.893 by suspending paragraph (a) and adding paragraph (d) to read as follows: ■ § 117.893 Umpqua River. * * * * * (d) 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: November 6, 2013. R.T. Gromlich, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. [FR Doc. 2013–28040 Filed 11–22–13; 8:45 am] BILLING CODE 9110–04–P Table of Acronyms DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2013–0907] RIN 1625–AA11 Regulated Navigation Area; Upper Mississippi River Between Mile 0.0 and 109.9; Cairo, IL to Chester, IL Coast Guard, DHS. Temporary Final Rule. AGENCY: ACTION: The Coast Guard is establishing a temporary regulated navigation area (RNA) for all waters of the Upper Mississippi River (UMR) between miles 0.0 and 109.9. This RNA is needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with subsurface rock removal in the Upper Mississippi River. Any deviation from the conditions and requirements put into place are prohibited unless emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:59 Nov 22, 2013 specifically authorized by the cognizant Captain of the Port (COTP) Ohio Valley or his designated representatives. DATES: This rule is effective without actual notice from November 25, 2013 until April 12, 2014. For the purposes of enforcement, actual notice will be used from the date the rule was signed, November 4, 2013, until November 25, 2013. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2013–0907]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Dan McQuate, U.S. Coast Guard; telephone 270–442–1621, email daniel.j.mcquate@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: Jkt 232001 AIS Automated Information System COTP Captain of the Port DHS Department of Homeland Security FR Federal Register MM Mile Marker MSU Marine Safety Unit M/V Motor Vessel NPRM Notice of Proposed Rulemaking RIAC River Industry Action Committee UMR Upper Mississippi River USACE United States Army Corps of Engineers A. Regulatory History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule. On July 18, PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 2013 the U.S. Army Corps of Engineers (USACE) St. Louis District contacted Coast Guard Marine Safety Unit (MSU) Paducah, KY with notification that a contract had been issued for subsurface rock removal in the Thebes, IL area. The rock removal project is required to assist navigation through the channel during certain low water and river conditions and can only be completed during certain environmental conditions. The environmental window for the rock removal project is November 1, 2013 to April 12, 2014, and the project was not expected to require additional vessel restrictions and requirements possibly leading to river closures as the work areas were on the far outer edge, or totally outside of the navigation channel. On August 27, 2013, MSU Paducah participated in a conference call with USACE St. Louis and River Industry Action Committee (RIAC) leadership concerning the rock removal project. RIAC is an association of companies and organizations who are stakeholders in the commercial industry on the inland rivers. During this call, based on low water, river conditions, industry use and concerns, the Coast Guard determined that implementing vessel restrictions and requirements and possible river closures may be necessary when the rock removal contractor is working in specific locations for safety purposes. The RIAC leadership participating on this call agreed that these safety measures are necessary. Similar safety measures were implemented by the Coast Guard for this area from December 1, 2012 through March 31, 2013 based on low water conditions (77 FR 15850). On October 17, 2013, MSU Paducah personnel attended a meeting at the USACE Jackson, MO field office with USACE personnel, the contractor for this project, and numerous RIAC member companies. During this meeting the contractor for the project expressed their safety concerns and referred to a clause in their contract that they interpreted as allowing for river closures necessary for safety reasons. The Coast Guard determined that the best course of action is for the contractor to initiate work with normal vessel traffic transiting to determine if/when and what additional safety measures are required during the rock removal project. These safety measures may include closures and/or vessel restrictions and requirements, including one-way traffic, tow size, designated vessel reporting locations, etc. as necessary when the contractor is working in certain locations for safety purposes. In addition, use of the E:\FR\FM\25NOR1.SGM 25NOR1

Agencies

[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Pages 70220-70222]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28040]



[[Page 70220]]

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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: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the U.S. 101 Umpqua river swing bridge, mile 
11.1, at Reedsport, OR. The 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. The ODOT will 
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: This temporary final rule is effective from 7 a.m. on December 
1, 2013 to 11:59 p.m. on September 30, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0526]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email call or email Steven M. Fischer, 
Thirteenth District Bridge Program Office, Coast Guard, telephone 206-
220-7282; email Steven.M.Fischer3@uscg.mil. If you have questions on 
viewing 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. Regulatory History and Information

    On August 5, 2013 the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Drawbridge Operation Regulation; Umpqua 
River, Reedsport, OR in the Federal Register (77 FR 47242). We received 
0 comments on the proposed rule. No public meeting was requested, and 
none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. The NPRM produced 0 comments and 
all waterway users of the bridge have been contacted and agreed to the 
Oregon Department of Transportation renovation plan.

B. Basis and Purpose

    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. The current operating regulations states that the U.S. 101 Umpqua 
River Bridge shall open on signal if at least two hours notice is 
given. The vessel traffic along this part of the Umpqua River consists 
of vessels ranging from occasional commercial tug and barge to small 
pleasure craft. The Oregon Department of Transportation (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 change will likely have 
a minimal impact on users, and ODOT has identified and mitigated 
concerns by offering to provide a location for a limited number 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.
    The 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.
    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.

C. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard provided a 30 day comment period on the notice of 
proposed rulemaking and no comments were received.
    The Temporary Final Rule modifies the operating regulation for the 
US 101 Umpqua River Bridge and requires that the bridge will only open 
twice daily, once at 7 a.m. and once at 6 p.m., and only if an opening 
is requested at least six hours in advance. This differs from the 
existing regulation in that the presently the bridge will open at all 
times (except during authorized closure periods) provided that two 
hours advanced notice is given. This amendment is necessary to increase 
efficiencies for the ODOT construction crews and accommodate both the 
needs of the waterway and highway users while exercise good stewardship 
of public funding during ODOT extensive bridge maintenance and 
restoration efforts from December 2013 through September 2015. This 
will be accomplished by eliminating the current open-on-demand 
regulation which would require the ODOT construction crews from 
repeatedly installing and uninstalling the containment system which 
needs to be cleaned out and disassembled on both sides 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.
    We did make a change from what we proposed in the NPRM. We revised 
the amendatory instructions so that paragraph (a) of 33 CFR 117.893, 
which governs the current schedule for the draw of the US 101 Bridge, 
mile 11.1, at Reedsport, Oregon, is suspended for the duration of the 
rule, and a paragraph (d), reading the same as the revised paragraph we 
proposed in the NPRM, is added for the duration of the rule. This will 
achieve the intended result of the schedule reverting back to the 
current schedule after ODOT extensive bridge maintenance and 
restoration efforts are completed and this rule expires.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

[[Page 70221]]

1. Regulatory Planning and Review

    This 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 bases this finding on the facts that all impacted 
vessels will be granted with advance notification and that ODOT has 
agreed to docking location for a limited number 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.

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 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 because all vessels asking for an 
opening will receive an opening. Additionally, because the bridge 
provides 36 feet of vertical clearance when it is in the closed 
position vessels which do not require and opening to pass beneath the 
bridge may do so at any time.

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 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.

4. 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).

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 rule under that Order and have 
determined that it does not have implications for federalism.
    The Coast Guard provided a 30-day comment period and no comments 
were received, therefore our determination that this rule does not have 
implications for federalism remains unchanged.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble. The Coast Guard provided a 30-day comment period and 
no comments were received, therefore our determination that this rule 
does not have implications for Unfunded Mandate Reform Act remains 
unchanged.

8. Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action 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 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 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 concluded 
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 regulation for 
a drawbridge. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.

[[Page 70222]]

    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.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Amend Sec.  117.893 by suspending paragraph (a) and adding paragraph 
(d) to read as follows:


Sec.  117.893  Umpqua River.

* * * * *
    (d) 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: November 6, 2013.
 R.T. Gromlich,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2013-28040 Filed 11-22-13; 8:45 am]
BILLING CODE 9110-04-P