Drawbridge Operation Regulation; Umpqua River, Reedsport, OR, 70220-70222 [2013-28040]
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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 https://
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.
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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
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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.
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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.
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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 https://
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
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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
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]]>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 https://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
