Drawbridge Operation Regulation; Willamette River, Portland, OR, 44731-44733 [2017-20512]
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Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations
53. Even assuming that the one-time
cost of compliance for administering the
change from Reliability Standard BAL–
005–0.2b to BAL–005–1 is an annual
cost, and assuming that all of the
entities affected by the revisions to both
BAL–005 and FAC–001 qualify as small
entities, the estimated total annual cost
to the industry as a whole is minimal
($19,055.90), and the average cost per
affected entity is $118.36.
54. According to SBA guidance, the
determination of significance of impact
‘‘should be seen as relative to the size
of the business, the size of the
competitor’s business, and the impact
the regulation has on larger
competitors.’’ 80 The Commission does
not consider the estimated burden to be
a significant economic impact. As a
result, the Commission certifies that the
revised Reliability Standards will not
have a significant economic impact on
a substantial number of small entities.
VI. Document Availability
55. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the Internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE.,
Room 2A, Washington, DC 20426.
56. From the Commission’s Home
Page on the Internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number of this
document, excluding the last three
digits, in the docket number field.
57. User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from the
44731
Commission’s Online Support at (202)
502–6652 (toll free at 1–866–208–3676)
or e-mail at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
VII. Effective Date and Congressional
Notification
These regulations are effective
November 27, 2017. The Commission
has determined, with the concurrence of
the Administrator of the Office of
Information and Regulatory Affairs of
OMB, that this rule is not a ‘‘major rule’’
as defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996.
By the Commission.
Issued: September 20, 2017
Nathaniel J. Davis, Sr.,
Deputy Secretary.
Appendix
List of Commenters
Abbreviation
Commenter
NERC ..................................................................................................
Trade Associations ..............................................................................
North American Electric Reliability Corporation.
Edison Electric Institute, American Public Power Association, and Large
Public Power Council.
Bonneville Power Administration.
Idaho Power Company.
Jonathan Appelbaum.
BPA .....................................................................................................
Idaho Power ........................................................................................
Appelbaum ..........................................................................................
decking. This temporary rule is
necessary due to the amount of days
requested by the bridge owner. The
active deviation expires at the 180th
day, and the Coast Guard does not
approve back-to-back deviations.
BILLING CODE 6717–01–P
DEPARTMENT OF HOMELAND
SECURITY
33 CFR Part 117
[Docket No. USCG–2017–0474]
RIN 1625–AA09
Drawbridge Operation Regulation;
Willamette River, Portland, OR
Coast Guard, DHS.
Temporary interim rule with
request for comments.
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
Morrison Bridge across the Willamette
River, mile 12.8, at Portland, Oregon.
The temporary interim rule is necessary
to accommodate Multnomah County’s
(bridge owner) unexpected extension of
time required to replace the bridge
SUMMARY:
80 U.S. Small Business Administration, A Guide
for Government Agencies How to Comply with the
15:04 Sep 25, 2017
Jkt 241001
If
you have questions on this interim rule,
call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard
District; telephone 206–220–7282, email
d13-pf-d13bridges@uscg.mil.
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
You may submit comments
or view documents mentioned in this
preamble as being available in the
docket, go to https://
www.regulations.gov, type USCG–2017–
0474 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
§ Section
U.S.C. United States Code
Regulatory Flexibility Act, at 18 (May 2012), https://
www.sba.gov/sites/default/files/advocacy/rfaguide_
0512_0.pdf.
ADDRESSES:
AGENCY:
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SUPPLEMENTARY INFORMATION:
DATES:
Coast Guard
VerDate Sep<11>2014
FOR FURTHER INFORMATION CONTACT:
This temporary interim rule is
effective from 7 p.m. on September 27,
2017, through 7 p.m. on November 12,
2017.
Comments and related material must
reach the Coast Guard on or before
October 26, 2017.
[FR Doc. 2017–20554 Filed 9–25–17; 8:45 am]
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II. Background Information and
Regulatory History
On June 23, 2016, we published a
temporary deviation entitled
Drawbridge Operation Regulation;
Willamette River, Portland, OR, in the
Federal Register (81 FR 40813), where
we did not request comments. However,
we conducted a public outreach in May
2016 and did not receive any objections.
No complaints have been submitted
E:\FR\FM\26SER1.SGM
26SER1
44732
Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations
Pmangrum on DSK3GDR082PROD with RULES
during the current temporary
deviation’s operation.
The Coast Guard is issuing this
temporary interim 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), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because it is
impracticable. We must modify the
operation schedule of the bridge by
September 27, 2017 to allow
Multnomah County to replace the bridge
decking, but we lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing the modification.
We are issuing this rule and under 5
U.S.C. 553(d)(3), and for the reasons
stated above, the Coast Guard finds that
good cause exists for making it effective
in less than 30 days after publication in
the Federal Register.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499. The
Coast Guard is modifying the operating
schedule that governs the Morrison
Bridge across the Willamette River, mile
12.8, at Portland, Oregon. The Morrison
Bridge is a double bascule bridge. When
the bascule span is in the closed-tonavigation position, the bridge provides
69 feet of vertical clearance, and in the
open position provides unlimited
vertical clearance. The normal operating
schedule for the Morrison Bridge is in
accordance with 33 CFR
117.897(c)(3)(iv). Multnomah County,
the bridge owner, contacted us
requesting additional time to deviate
from the operating rule due to delays in
receiving replacement parts, and
needing to fabricate parts on site.
Multnomah County requested that the
Morrison Bridge be allowed to only
open half the span, 92 feet, as opposed
to a full opening, 185 feet, to
accommodate extra time to replace
bridge decking. The County has also
requested to reduce the vertical
clearance of the non-opening side of the
span with scaffolding erected 10 feet
below the lower bridge cord for a
containment system, and to require at
least a two hour advance notice for an
opening. Waterway usage on this part of
the Willamette River includes vessels
ranging from commercial tug and barge
VerDate Sep<11>2014
15:04 Sep 25, 2017
Jkt 241001
to small pleasure craft. Vessels able to
pass through the Morrison Bridge in the
closed position may do so at anytime. A
tug will be on site to assist vessels
through the single leaf span opening
upon request. The bridge will be able to
open half the span for emergencies with
a two hour notice, and there is no
immediate alternate route for vessels to
pass.
IV. Discussion of the Temporary
Interim Rule
The Coast Guard has issued a
temporary interim rule from the
operating schedule that governs the
Morrison Bridge across the Willamette
River, mile 12.8, at Portland, Oregon.
The rule is necessary to accommodate
Multnomah County’s replacement of the
bridge decking. This rule allows the
bridge to only open half of the span,
single leaf, to allow for the replacement
of bridge decking. The rule also allows
the vertical clearance to be reduced due
to the project’s containment system.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, it has not
been reviewed by the Office of
Management and Budget (OMB) and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771. This regulatory action
determination is based on the ability
that vessels can still transit under the
bridge, or give advanced notice for a
half opening.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section IV.A above, this
interim rule would not have a
significant economic impact on any
vessel owner or operator. Multnomah
County has taken precaution to provide
a tug to assist vessels, if needed, so
businesses will not suffer any impacts.
Furthermore, half the span can be
opened to vessels that require an
opening.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
D. Federalism and Indian Tribal
Government
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
E:\FR\FM\26SER1.SGM
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Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Pmangrum on DSK3GDR082PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a determination that this
action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32)(e), of the
Instruction.
We seek any comments or information
that may lead to the discovery of a
significant environmental impact from
this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
VI. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
VerDate Sep<11>2014
15:04 Sep 25, 2017
Jkt 241001
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this
Temporary Interim Rule as being
available in this docket and all public
comments, will be in our online docket
at https://www.regulations.gov and can
be viewed by following that Web site’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
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. In § 117.897, effective from 7 p.m.
on September 27, 2017, through 7 p.m.
on November 12, 2017, suspend
paragraph (c)(3)(iv) and add paragraph
(c)(3)(vi) to read as follows:
■
§ 117.897
Willamette River.
*
*
*
*
*
(c) * * *
(3) * * *
(vi) Morrison Bridge, Portland, mile
12.8, shall operate in single leaf, and
open half the draw on signal if at least
two hours notice is given. The vertical
clearance of the non-functioning leaf
will be reduced up to 10 feet.
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Frm 00023
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44733
Dated: September 18, 2017.
David Throop,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2017–20512 Filed 9–25–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0573]
Drawbridge Operation Regulation;
Southern Branch of the Elizabeth
River, Chesapeake, VA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the I–64 (High
Rise) Bridge across the Atlantic
Intracoastal Waterway, Southern Branch
of the Elizabeth River, mile 7.1, at
Chesapeake, VA. The deviation is
necessary to facilitate routine
maintenance. This deviation allows the
bridge to remain in the closed-tonavigation position.
DATES: This deviation is effective from
7 a.m. on October 2, 2017 through 11
p.m. on November 22, 2017.
ADDRESSES: The docket for this
deviation, [USCG–2017–0573] is
available at 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 deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Mickey
Sanders, Bridge Administration Branch
Fifth District, Coast Guard; telephone
(757) 398–6587, email
Mickey.D.Sanders2@uscg.mil.
SUPPLEMENTARY INFORMATION: The
Virginia Department of Transportation,
owner and operator of the I–64 (High
Rise) Bridge across the Atlantic
Intracoastal Waterway, Southern Branch
of the Elizabeth River, mile 7.1, at
Chesapeake, VA, has requested a
temporary deviation from the current
operating schedule to accommodate
annual maintenance to remove and
replace the center locks and install new
electrical wiring and lubrication piping.
The bridge has a vertical clearance of 65
feet above mean high water (MHW) in
the closed position.
The current operating schedule is set
out in 33 CFR 117.997(e). Under this
SUMMARY:
E:\FR\FM\26SER1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Rules and Regulations]
[Pages 44731-44733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20512]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0474]
RIN 1625-AA09
Drawbridge Operation Regulation; Willamette River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Morrison Bridge across the Willamette River, mile 12.8, at
Portland, Oregon. The temporary interim rule is necessary to
accommodate Multnomah County's (bridge owner) unexpected extension of
time required to replace the bridge decking. This temporary rule is
necessary due to the amount of days requested by the bridge owner. The
active deviation expires at the 180th day, and the Coast Guard does not
approve back-to-back deviations.
DATES: This temporary interim rule is effective from 7 p.m. on
September 27, 2017, through 7 p.m. on November 12, 2017.
Comments and related material must reach the Coast Guard on or
before October 26, 2017.
ADDRESSES: You may submit comments or view documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov, type USCG-2017-0474 in the ``SEARCH'' box and
click ``SEARCH.'' Click on Open Docket Folder on the line associated
with this rulemaking.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this interim
rule, call or email Mr. Steven Fischer, Bridge Administrator,
Thirteenth Coast Guard District; telephone 206-220-7282, email d13-pf-d13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On June 23, 2016, we published a temporary deviation entitled
Drawbridge Operation Regulation; Willamette River, Portland, OR, in the
Federal Register (81 FR 40813), where we did not request comments.
However, we conducted a public outreach in May 2016 and did not receive
any objections. No complaints have been submitted
[[Page 44732]]
during the current temporary deviation's operation.
The Coast Guard is issuing this temporary interim 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), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. We must modify the operation schedule of the bridge by
September 27, 2017 to allow Multnomah County to replace the bridge
decking, but we lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the
modification.
We are issuing this rule and under 5 U.S.C. 553(d)(3), and for the
reasons stated above, the Coast Guard finds that good cause exists for
making it effective in less than 30 days after publication in the
Federal Register.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Coast Guard is modifying the operating schedule that governs the
Morrison Bridge across the Willamette River, mile 12.8, at Portland,
Oregon. The Morrison Bridge is a double bascule bridge. When the
bascule span is in the closed-to-navigation position, the bridge
provides 69 feet of vertical clearance, and in the open position
provides unlimited vertical clearance. The normal operating schedule
for the Morrison Bridge is in accordance with 33 CFR 117.897(c)(3)(iv).
Multnomah County, the bridge owner, contacted us requesting additional
time to deviate from the operating rule due to delays in receiving
replacement parts, and needing to fabricate parts on site.
Multnomah County requested that the Morrison Bridge be allowed to
only open half the span, 92 feet, as opposed to a full opening, 185
feet, to accommodate extra time to replace bridge decking. The County
has also requested to reduce the vertical clearance of the non-opening
side of the span with scaffolding erected 10 feet below the lower
bridge cord for a containment system, and to require at least a two
hour advance notice for an opening. Waterway usage on this part of the
Willamette River includes vessels ranging from commercial tug and barge
to small pleasure craft. Vessels able to pass through the Morrison
Bridge in the closed position may do so at anytime. A tug will be on
site to assist vessels through the single leaf span opening upon
request. The bridge will be able to open half the span for emergencies
with a two hour notice, and there is no immediate alternate route for
vessels to pass.
IV. Discussion of the Temporary Interim Rule
The Coast Guard has issued a temporary interim rule from the
operating schedule that governs the Morrison Bridge across the
Willamette River, mile 12.8, at Portland, Oregon. The rule is necessary
to accommodate Multnomah County's replacement of the bridge decking.
This rule allows the bridge to only open half of the span, single leaf,
to allow for the replacement of bridge decking. The rule also allows
the vertical clearance to be reduced due to the project's containment
system.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771. This regulatory action
determination is based on the ability that vessels can still transit
under the bridge, or give advanced notice for a half opening.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above, this interim rule would not have a significant economic impact
on any vessel owner or operator. Multnomah County has taken precaution
to provide a tug to assist vessels, if needed, so businesses will not
suffer any impacts. Furthermore, half the span can be opened to vessels
that require an opening.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
[[Page 44733]]
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
VI. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this Temporary Interim Rule as being
available in this docket and all public comments, will be in our online
docket at https://www.regulations.gov and can be viewed by following
that Web site's instructions. Additionally, if you go to the online
docket and sign up for email alerts, you will be notified when comments
are posted or a final rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.897, effective from 7 p.m. on September 27, 2017,
through 7 p.m. on November 12, 2017, suspend paragraph (c)(3)(iv) and
add paragraph (c)(3)(vi) to read as follows:
Sec. 117.897 Willamette River.
* * * * *
(c) * * *
(3) * * *
(vi) Morrison Bridge, Portland, mile 12.8, shall operate in single
leaf, and open half the draw on signal if at least two hours notice is
given. The vertical clearance of the non-functioning leaf will be
reduced up to 10 feet.
Dated: September 18, 2017.
David Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2017-20512 Filed 9-25-17; 8:45 am]
BILLING CODE 9110-04-P
