Drawbridge Operation Regulation; Youngs Bay and Lewis and Clark River, Astoria, OR, 18140-18142 [2019-08708]
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18140
Federal Register / Vol. 84, No. 83 / Tuesday, April 30, 2019 / Rules and Regulations
errors and ambiguity, minimize
litigation, provide a clear legal standard
for affected conduct, and promote
simplification and burden reduction.
Executive Order 13132 (Federalism)
This rule will not have substantial
direct effects 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. Therefore, in
accordance with Executive Order 13132,
the DEA has determined that this rule
does not have sufficient federalism
implications to warrant the preparation
of a federalism assessment.
Executive Order 13175 (Consultation
and Coordination With Indian Tribal
Governments)
This rule does not have tribal
implications warranting the application
of Executive Order 13175. It does not
have substantial direct effects 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.
Paperwork Reduction Act
This rule does not impose new
information collection requirements
under the Paperwork Reduction Act of
1995.5 It is a rule of agency procedure
or practice, and does not impose new
reporting or recordkeeping requirements
on State or local governments,
individuals, businesses, or
organizations.
amozie on DSK9F9SC42PROD with RULES
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) 6
requires an agency to conduct a
regulatory flexibility analysis assessing
a rule’s impact on small entities when
the agency promulgates a rule that is
subject to notice and comment under 5
U.S.C. 553(b).7 As explained above, this
final rule is a rule of agency procedure
or practice and thus not subject to
section 553(b)’s notice and comment
requirement. Consequently, this RFA
requirement does not apply to this rule.
Unfunded Mandates Reform Act of 1995
The requirements of the Unfunded
Mandates Reform Act of 1995 (UMRA) 8
apply to rules subject to the notice and
comment rulemaking procedures of 5
U.S.C. 553(b).9 As discussed above, this
is not such a rule. Moreover, DEA has
5 44
U.S.C. 3501–3521.
U.S.C. 601–612.
7 5 U.S.C. 603(a), 604(a).
8 2 U.S.C. 1501 et seq.
9 2 U.S.C. 1532(a).
determined that this action would not
result in any Federal mandate that may
result ‘‘in the expenditure by State,
local, and tribal governments, in the
aggregate, or by the private sector, of
$100 million or more (adjusted for
inflation) in any one year.’’ 10 Therefore,
neither a Small Government Agency
Plan nor any other action is required
under the UMRA.
discretionary review. If an interlocutory
appeal is allowed by the presiding
officer or if the Administrator
determines that an appeal is warranted
under this section, any party to the
hearing may file a brief in quintuplicate
with the Administrator within such
period that the Administrator directs.
No oral argument will be heard unless
the Administrator directs otherwise.
Congressional Review Act
This action is not a major rule as
defined by section 804 of the
Congressional Review Act (CRA).11 It is
a rule of ‘‘agency organization,
procedure, or practice that does not
substantially affect the rights or
obligations of non-agency parties,’’ and
accordingly is not subject to the
reporting requirement under the CRA.12
Dated: April 23, 2019.
Uttam Dhillon,
Acting Administrator.
List of Subjects in 21 CFR Part 1316
Administrative practice and
procedure, Authority delegations
(Government agencies), Drug traffic
control, Research, Seizures and
forfeitures.
For the reasons set out above, DEA
amends 21 CFR part 1316 as follows:
PART 1316—ADMINISTRATIVE
FUNCTIONS, PRACTICES, AND
PROCEDURES
17:09 Apr 29, 2019
1. The authority citation for part 1316,
subpart D, continues to read as follows:
■
Authority: 21 U.S.C. 811, 812, 871(b), 875,
958(d), 965.
■
2. Revise § 1316.62 to read as follows:
§ 1316.62 Interlocutory appeals from
rulings of the presiding officer.
Rulings of the presiding officer may
not be appealed to the Administrator
prior to his consideration of the entire
hearing without first requesting the
consent of the presiding officer. Within
ten (10) business days of receipt of a
party’s request for such consent, the
presiding officer shall certify on the
record or in writing his determination of
whether the allowance of an
interlocutory appeal is clearly necessary
to prevent exceptional delay, expense or
prejudice to any party, or substantial
detriment to the public interest. If the
presiding officer denies an interlocutory
appeal, he shall, within three (3)
business days, transmit his
determination and the parties’ filings
related to the interlocutory appeal to the
Administrator for the Administrator’s
10 Id.
11 5
U.S.C. 801–808.
5 U.S.C. 804(3)(C).
12 See
Jkt 247001
BILLING CODE 4410–09–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0131]
RIN 1625–AA09
Drawbridge Operation Regulation;
Youngs Bay and Lewis and Clark
River, Astoria, OR
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs
three bridges in Astoria, OR: The US101
(New Youngs Bay) highway bridge (New
Youngs Bay Bridge), mile 0.7 across
Youngs Bay; the Oregon State (Old
Youngs Bay) highway bridge (Old
Youngs Bay Bridge), mile 2.4, across
Youngs Bay; and the Oregon State
(Lewis and Clark River) highway bridge
(Lewis and Clark River Bridge), mile 1.0,
across the Lewis and Clark River. This
modification will remove the weekend
bridge operator and allow the bridge to
open during the weekend only after
receiving a 2 hour advance notice.
DATES: This rule is effective May 30,
2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2018–0131 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Steven M. Fischer, Bridge
Administrator, Thirteenth Coast Guard
District Bridge Program Office,
telephone 206–220–7282; email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Subpart D—Administrative Hearings
65
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Federal Register / Vol. 84, No. 83 / Tuesday, April 30, 2019 / Rules and Regulations
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
ODOT Oregon Department of
Transportation
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On December 20, 2018, we published
a notice of proposed rulemaking entitled
‘‘Drawbridge Operation Regulation;
Youngs Bay and Lewis and Clark River,
Astoria, OR,’’ in the Federal Register
(83 FR 65326). This notice of proposed
rulemaking was preceded by a six
month test deviation published in the
Federal Register (83 FR 9430) on March
6, 2018. We received two comments on
this rule, though neither comment
pertained to the operation or proposed
schedule change of the three subject
bridges.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499. Youngs
Bay provides no alternate route to pass
around the three subject bridges. The
New Youngs Bay Bridge provides 39
feet of vertical clearance at mean high
water, the Old Youngs Bay Bridge
provides 24 feet of vertical clearance at
mean high water, and the Lewis and
Clark River Bridge provides 25 feet of
vertical clearance at mean high water.
The Oregon Department of
Transportation (ODOT) owns and
operates the three bridges. The three
subject bridges operate per 33 CFR
117.899.
Due to infrequent drawbridge opening
requests between Friday evening and
Monday morning, ODOT has requested
to remove the bridge operator and open
the three subject highway bridges with
a two hour advance notice during the
weekend. This rule will remove the
weekend bridge operator for the Lewis
and Clark River Bridge that operates the
New Youngs Bay Bridge, Old Youngs
Bay Bridge and Lewis and Clark River
Bridge. This rule reasonably
accommodates waterway users while
reducing ODOT’s burden in operating
the bridges.
Vessels operating on Youngs Bay and
the Lewis and Clark River range from
small recreational vessels, sailboats,
tribal fishing boats and small
commercial fishing vessels. Vessels able
to pass through the subject bridges with
the draw in the closed-to-navigation
position may do so at any time.
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17:09 Apr 29, 2019
Jkt 247001
IV. Discussion of Comments, Changes
and the Final Rule
We provided a comment period of 30
days during the notice of proposed
rulemaking and two comments were
received. Neither comment was related
to the schedule change for the test
deviation or final rule. This rule
modifies the operating schedule by
removing the bridge operator from 5
p.m. Friday to 7 a.m. Monday. The New
Youngs Bay Bridge, Old Youngs Bay
Bridge and Lewis and Clark River
Bridge will require that a two-hour
notice is given by telephone to ODOT.
The phone number to use for a bridge
opening is posted at the three subject
bridges, and the Coast Guard will
publish the phone number and this rule
in the Local Notice to Mariners (LNM)
for six months after the approval date.
In addition to the LNM, the bridge
operator’s phone number will be added
to the Coast Pilot. This rule amends 33
CFR 117.899 to provide specific
requirements for the operation of the
New Youngs Bay Bridge, the Old
Youngs Bay Bridge and the Lewis and
Clark River Bridge.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analysis based
on these statutes and Executive Orders,
and we discuss First Amendment rights
of protestors.
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 the bridge
given advanced notice. This rule also
applies to emergency openings.
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
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18141
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 would not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit under the
bridges may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owners
or operators.
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
principles and preemption requirements
described in Executive Order 13132.
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Federal Register / Vol. 84, No. 83 / Tuesday, April 30, 2019 / Rules and Regulations
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. We have
not received any comments for this rule
change.
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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble. We have not
received any comments for this rule
change.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a determination that this
action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32) (e), of the
Instruction. A Record of Environmental
Consideration and a Memorandum for
the Record are not required for this rule.
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G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
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17:09 Apr 29, 2019
Jkt 247001
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
two prolonged blasts followed by four
short blast.
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2019–08708 Filed 4–29–19; 8:45 am]
1. The authority citation for part 117
continues to read as follows:
■
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
ENVIRONMENTAL PROTECTION
AGENCY
■
2. Revise § 117.899 to read as follows:
§ 117.899 Youngs Bay and Lewis and
Clark River.
(a) The draw of the US101 (New
Youngs Bay) highway bridge, mile 0.7,
across Youngs Bay at Smith Point, shall
open on signal for the passage of vessels
if at least one half-hour notice is given
to the draw tender at the Lewis and
Clark River Bridge by marine radio,
telephone, or other suitable means from
7 a.m. to 5 p.m. Monday through Friday.
During all other times, including
weekends from 5 p.m. on Friday until
7 a.m. on Monday, and all Federal
holidays except Columbus Day, the
draw shall open on signal if at least a
two-hour notice is given to the Oregon
Department of Transportation (ODOT)
by telephone. The opening signal shall
be two prolonged blasts followed by one
short blast.
(b) The draw of the Oregon State (Old
Youngs Bay) highway bridge, mile 2.4,
across Youngs Bay foot of Fifth Street,
shall open on signal for the passage of
vessels if at least one half-hour notice is
given to the draw tender at the Lewis
and Clark River Bridge by marine radio,
telephone, or other suitable means from
7 a.m. to 5 p.m. Monday through Friday.
During all other times, including
weekends from 5 p.m. on Friday until
7 a.m. on Monday, and all Federal
holidays except Columbus Day, the
draw shall open on signal if at least a
two-hour notice is given to ODOT by
telephone. The opening signal shall be
two prolonged blasts followed by one
short blast.
(c) The draw of the Oregon State
(Lewis and Clark River) highway bridge,
mile 1.0, across the Lewis and Clark
River, shall open on signal for the
passage of vessels if at least one halfhour notice is given by marine radio,
telephone, or other suitable means from
7 a.m. to 5 p.m. Monday through Friday.
During all other times, including
weekends from 5 p.m. on Friday until
7 a.m. on Monday, and all Federal
holidays except Columbus Day, the
draw shall open on signal if at least a
two-hour notice is given to ODOT by
telephone. The opening signal shall be
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40 CFR Part 52
[EPA–R01–OAR–2018–0637; FRL–9992–50–
Region 1]
Air Plan Approval; Maine;
Infrastructure State Implementation
Plan Requirements for the 2010 Sulfur
Dioxide NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maine. This
revision addresses the infrastructure
requirements of the Clean Air Act (CAA
or Act) for the 2010 Sulfur Dioxide
(SO2) National Ambient Air Quality
Standards (NAAQS). The EPA is
conditionally approving the SIP revision
for infrastructure requirements related
to State Boards and Conflicts of Interest.
The intended effect of this action is to
approve the infrastructure requirements
of Maine’s air quality management
program with respect to this NAAQS
into the Maine SIP. This action is being
taken in accordance with the Clean Air
Act.
DATES: This rule is effective on May 30,
2019.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R01–OAR–
2018–0637. All documents in the docket
are listed on the https://
www.regulations.gov website. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available at https://
www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA
Region 1 Regional Office, Office of
Ecosystem Protection, Air Quality
Planning Unit, 5 Post Office Square—
Suite 100, Boston, MA. The EPA
requests that if at all possible, you
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Rules and Regulations]
[Pages 18140-18142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08708]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2018-0131]
RIN 1625-AA09
Drawbridge Operation Regulation; Youngs Bay and Lewis and Clark
River, Astoria, OR
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs three bridges in Astoria, OR: The US101 (New Youngs Bay)
highway bridge (New Youngs Bay Bridge), mile 0.7 across Youngs Bay; the
Oregon State (Old Youngs Bay) highway bridge (Old Youngs Bay Bridge),
mile 2.4, across Youngs Bay; and the Oregon State (Lewis and Clark
River) highway bridge (Lewis and Clark River Bridge), mile 1.0, across
the Lewis and Clark River. This modification will remove the weekend
bridge operator and allow the bridge to open during the weekend only
after receiving a 2 hour advance notice.
DATES: This rule is effective May 30, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2018-0131 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Steven M. Fischer, Bridge Administrator, Thirteenth Coast
Guard District Bridge Program Office, telephone 206-220-7282; email
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 18141]]
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
ODOT Oregon Department of Transportation
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On December 20, 2018, we published a notice of proposed rulemaking
entitled ``Drawbridge Operation Regulation; Youngs Bay and Lewis and
Clark River, Astoria, OR,'' in the Federal Register (83 FR 65326). This
notice of proposed rulemaking was preceded by a six month test
deviation published in the Federal Register (83 FR 9430) on March 6,
2018. We received two comments on this rule, though neither comment
pertained to the operation or proposed schedule change of the three
subject bridges.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
Youngs Bay provides no alternate route to pass around the three subject
bridges. The New Youngs Bay Bridge provides 39 feet of vertical
clearance at mean high water, the Old Youngs Bay Bridge provides 24
feet of vertical clearance at mean high water, and the Lewis and Clark
River Bridge provides 25 feet of vertical clearance at mean high water.
The Oregon Department of Transportation (ODOT) owns and operates the
three bridges. The three subject bridges operate per 33 CFR 117.899.
Due to infrequent drawbridge opening requests between Friday
evening and Monday morning, ODOT has requested to remove the bridge
operator and open the three subject highway bridges with a two hour
advance notice during the weekend. This rule will remove the weekend
bridge operator for the Lewis and Clark River Bridge that operates the
New Youngs Bay Bridge, Old Youngs Bay Bridge and Lewis and Clark River
Bridge. This rule reasonably accommodates waterway users while reducing
ODOT's burden in operating the bridges.
Vessels operating on Youngs Bay and the Lewis and Clark River range
from small recreational vessels, sailboats, tribal fishing boats and
small commercial fishing vessels. Vessels able to pass through the
subject bridges with the draw in the closed-to-navigation position may
do so at any time.
IV. Discussion of Comments, Changes and the Final Rule
We provided a comment period of 30 days during the notice of
proposed rulemaking and two comments were received. Neither comment was
related to the schedule change for the test deviation or final rule.
This rule modifies the operating schedule by removing the bridge
operator from 5 p.m. Friday to 7 a.m. Monday. The New Youngs Bay
Bridge, Old Youngs Bay Bridge and Lewis and Clark River Bridge will
require that a two-hour notice is given by telephone to ODOT. The phone
number to use for a bridge opening is posted at the three subject
bridges, and the Coast Guard will publish the phone number and this
rule in the Local Notice to Mariners (LNM) for six months after the
approval date. In addition to the LNM, the bridge operator's phone
number will be added to the Coast Pilot. This rule amends 33 CFR
117.899 to provide specific requirements for the operation of the New
Youngs Bay Bridge, the Old Youngs Bay Bridge and the Lewis and Clark
River Bridge.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analysis
based on these statutes and Executive Orders, and we discuss First
Amendment rights of protestors.
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
the bridge given advanced notice. This rule also applies to emergency
openings.
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
would not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit
under the bridges may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owners or operators.
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
principles and preemption requirements described in Executive Order
13132.
[[Page 18142]]
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. We
have not received any comments for this rule change.
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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble. We have not received any comments for this rule change.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32) (e), of the
Instruction. A Record of Environmental Consideration and a Memorandum
for the Record are not required for this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 117.899 to read as follows:
Sec. 117.899 Youngs Bay and Lewis and Clark River.
(a) The draw of the US101 (New Youngs Bay) highway bridge, mile
0.7, across Youngs Bay at Smith Point, shall open on signal for the
passage of vessels if at least one half-hour notice is given to the
draw tender at the Lewis and Clark River Bridge by marine radio,
telephone, or other suitable means from 7 a.m. to 5 p.m. Monday through
Friday. During all other times, including weekends from 5 p.m. on
Friday until 7 a.m. on Monday, and all Federal holidays except Columbus
Day, the draw shall open on signal if at least a two-hour notice is
given to the Oregon Department of Transportation (ODOT) by telephone.
The opening signal shall be two prolonged blasts followed by one short
blast.
(b) The draw of the Oregon State (Old Youngs Bay) highway bridge,
mile 2.4, across Youngs Bay foot of Fifth Street, shall open on signal
for the passage of vessels if at least one half-hour notice is given to
the draw tender at the Lewis and Clark River Bridge by marine radio,
telephone, or other suitable means from 7 a.m. to 5 p.m. Monday through
Friday. During all other times, including weekends from 5 p.m. on
Friday until 7 a.m. on Monday, and all Federal holidays except Columbus
Day, the draw shall open on signal if at least a two-hour notice is
given to ODOT by telephone. The opening signal shall be two prolonged
blasts followed by one short blast.
(c) The draw of the Oregon State (Lewis and Clark River) highway
bridge, mile 1.0, across the Lewis and Clark River, shall open on
signal for the passage of vessels if at least one half-hour notice is
given by marine radio, telephone, or other suitable means from 7 a.m.
to 5 p.m. Monday through Friday. During all other times, including
weekends from 5 p.m. on Friday until 7 a.m. on Monday, and all Federal
holidays except Columbus Day, the draw shall open on signal if at least
a two-hour notice is given to ODOT by telephone. The opening signal
shall be two prolonged blasts followed by four short blast.
David G. Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2019-08708 Filed 4-29-19; 8:45 am]
BILLING CODE 9110-04-P
