Drawbridge Operation Regulation; Willamette River, Portland, OR, 66988-66990 [2021-25638]
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Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Proposed Rules
(ix) Risk analysis and management
strategies, such as Failure Modes Effects
Analysis and/or Hazard Analysis and
Critical Control Points summaries and
their impact on test performance.
(x) Final release criteria to be used for
manufactured device lots with an
appropriate justification that lots
released at the extremes of the
specifications will meet the claimed
analytical and clinical performance
characteristics as well as the stability
claims.
(xi) All stability protocols, including
acceptance criteria.
(xii) Appropriate and acceptable
procedure(s) for addressing complaints
and other device information that
determines when to submit a medical
device report.
(xiii) Premarket notification
submissions must include the
information contained in paragraphs
(b)(2)(i) through (xii) of this section.
Dated: November 16, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021–25372 Filed 11–23–21; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2021–0778]
RIN 1625–AA09
Drawbridge Operation Regulation;
Willamette River, Portland, OR
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
modify the operating schedule that
governs the Morrison Bridge across the
Willamette River, mile 12.8, at Portland,
OR. Multnomah County, Oregon, the
bridge owner, is requesting to change
the current regulation to allow painting
and preservation of the Morrison Bridge
including the double bascule span. The
modified rule would change from a full
span opening to a single leaf, half
opening, and operation. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must reach the Coast Guard on or before
December 27, 2021. The Coast Guard
anticipates that this proposed rule will
be effective from 7 p.m. on April 1,
2022, through 7 p.m. on May 31, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
khammond on DSKJM1Z7X2PROD with PROPOSALS
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If
you have questions on this proposed
rule, call or email Steven Fischer,
Thirteenth District Bridge
Administrator, U.S. Coast Guard;
telephone 206–220–7282, email d13smb-d13-bridges@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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
(Advance, Supplemental)
§ Section
U.S.C. United States Code
County Multnomah County
II. Background, Purpose and Legal
Basis
BILLING CODE 4164–01–P
SUMMARY:
2021–0778 using Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Multnomah County, Oregon, owns
and operates the Morrison Bridge across
the Willamette River at mile 12.8. The
County is requesting a temporary
change to the existing operating
regulation. The County is proposing to
open the Morrison Bridge’s span in
single leaf mode, half of the double
bascule span, to marine vessels with a
minimum of two-hour notice, or fourhour notice if a tug assist is needed. The
County needs to maintain half of the
draw closed to allow for preservation
and paint efforts. The proposed
regulation change would allow the
Morrison Bridge to alternate operation
of the east or west leaf span from April
1, 2022, through May 31, 2023. The west
span will be operational at the
beginning of construction and the east
span will be closed to navigation. The
dates to switch operational spans will
be determined later and published in
the Local and Broadcast Notice to
Mariners. This proposal also allows a
containment system under the bridge
that reduces the non-opening half of the
bridge’s vertical clearance by 5 feet from
69 feet center to 64 feet, and from 48
feet on the sides to 43 feet above the
Columbia River Datum 0.0. Marine
traffic on this section of the Willamette
River consists of vessels ranging from
small pleasure craft up to large
commercial vessels and barges. The
subject bridge currently operates in
accordance with 33 CFR
117.897(c)(3)(iv).
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III. Discussion of Proposed Rule
The Coast Guard proposes a
temporary change to 33 CFR
117.897(c)(3)(iv) to be in effect from 7
p.m. on 1 April, 2022, through 7 p.m.
on 31 May, 2023. This temporary rule
will suspend the current regulatory cite
regarding the Morrison Bridge, and add
a temporary 33 CFR 117.897(c)(3)(vi)
which will amend the operating
schedule of the Morrison Bridge by
requiring a two-hour notice, or fourhour notice with tug assist, for all draw
openings, and alternate the operation of
the double bascule spans to single span
which will reduce the horizontal
clearances of the bridge. The temporary
rule is necessary to accommodate
preservation and painting of the
Morrison Bridge. This bridge provides a
vertical clearance approximately 69 feet,
at the center, above Columbia River
Datum 0.0 when in the closed-tonavigation position. One half of the
bascule bridge will have a containment
system installed on the non-opening
half of the span, which will reduce the
vertical clearance by 5 feet to 64 feet
center and 43 feet on the sides. A tug
will be available for assists to mariners
as needed when a request is given with
a notice of four hours for an opening.
The horizontal clearance with a full
opening is 185 feet, therefore, in single
leaf operations, a temporary rule change
will reduced the horizontal clearance to
approximately 90 feet. Vessels able to
transit under the Morrison Bridge
without an opening may do so at any
time. Marine vessels are advised to be
aware of fall hazards. This section of the
Willamette River has no alternate
routes. During the Portland Rose
Festival, both leafs of the double bascule
span will be fully operational. If any
mariner submits a full opening request
to the County prior to construction
beginning, a full opening can be
scheduled. All marine emergency
vessels can navigate under the Morrison
Bridge without an opening, and
therefore do not need to contact the
Hawthorne Bridge for an emergency
opening.
This regulatory action determination
is based on the ability of the Morrison
Bridge to open on signal after the
Hawthorne Bridge, at Willamette River
mile 13.1, has received at least a twohour notice, or four-hour notice for tug
assist, by telephone at 503–988–3452 or
VHF radio request. The Coast Guard has
made this finding based on the fact that
the proposed change allows any vessel
needing a drawbridge opening to transit
through the Morrison Bridge after
providing adequate notice and being
provided with tug assistance if required.
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Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Proposed Rules
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes 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.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the ability that vessels can
still transit the bridge given advance
notice.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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 proposed 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 the bridge
may be small entities, for the reasons
stated in section IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
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compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, Rev.1,
associated implementing instructions,
and Environmental Planning Policy
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66989
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f). The Coast Guard has determined
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table3–1 of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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.
V. 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.
Submitting comments. We encourage
you to submit comments through the
Federal Decision Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2021–0778 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. 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.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
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Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Proposed Rules
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
2. In § 117.897, stay 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, will operate a single leaf opening,
on signal after the Hawthorne Bridge, at
Willamette River mile 13.1, has
received, at least a two-hour advance
notice, or four-hour advance notice for
tug assist, to open by telephone at 503–
988–3452 or VHF radio.
khammond on DSKJM1Z7X2PROD with PROPOSALS
*
Dated: November 18, 2021.
M.W. Bouboulis,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 2021–25638 Filed 11–23–21; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–R06–OAR–2021–0661; FRL–9262–01–
R6]
National Emission Standards for
Hazardous Air Pollutants; Delegation
of Authority to Arkansas
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Arkansas Department of
Energy and Environment, Division of
Environmental Quality (DEQ) has
submitted a request to update the
delegation and approval of its program
for the implementation and enforcement
of certain National Emission Standards
for Hazardous Air Pollutants (NESHAP)
promulgated under the Clean Air Act
(CAA), as provided for under the
delegation mechanism previously
approved by the Environmental
Protection Agency (EPA). The EPA is
proposing to approve DEQ’s requested
update of its NESHAP delegation. If
finalized as proposed, the delegation
will only encompass sources subject to
one or more Federal section 112
standards which are also subject to the
requirements of the Title V operating
permits program.
DATES: Written comments on this
proposed rule must be received on or
before December 27, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R06–
OAR–2021–0661, at https://
www.regulations.gov or via email to
barrett.richard@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Rick Barrett, 214–665–7227,
barrett.richard@epa.gov. For the full
EPA public comment policy,
information about CBI or multimedia
SUMMARY:
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submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov. While all
documents in the docket are listed in
the index, some information may not be
publicly available due to docket file size
restrictions or content (e.g., CBI).
Rick
Barrett, EPA Region 6 Office, ARPE,
(214) 665–7227, barrett.richard@
epa.gov. Out of an abundance of caution
for members of the public and our staff,
the EPA Region 6 office will be closed
to the public to reduce the risk of
transmitting COVID–19. We encourage
the public to submit comments via
https://www.regulations.gov, as there
will be a delay in processing mail and
no courier or hand deliveries will be
accepted. Please call or email the
contact listed above if you need
alternative access to material indexed
but not provided in the docket.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. What does this action do?
II. What is the authority for delegation?
III. What criteria must Arkansas’s program
meet to be approved?
IV. How did DEQ meet the NESHAP program
approval criteria?
V. How are sources subject to certain listed
standards going to be handled since DEQ
did not accept delegation of these
standards?
VI. What is being delegated?
VII. What is not being delegated?
VIII. How will statutory and regulatory
interpretations be made?
IX. What information must DEQ provide to
the EPA?
X. What authority does the EPA have?
XI. Should sources submit notices to the EPA
or DEQ?
XII. How will unchanged authorities be
delegated to DEQ in the future?
XIII. Proposed Action
XIV. Statutory and Executive Order Reviews
I. What does this action do?
The EPA is proposing to approve an
update to the delegation of the
implementation and enforcement of
certain NESHAP to DEQ. If finalized,
the delegation will provide DEQ with
the primary responsibility to implement
and enforce the delegated standards. See
sections VI and VII, below, for a
discussion of which standards are being
delegated and which are not being
delegated.
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]]>Agencies
[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Proposed Rules]
[Pages 66988-66990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25638]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2021-0778]
RIN 1625-AA09
Drawbridge Operation Regulation; Willamette River, Portland, OR
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Morrison Bridge across the Willamette River, mile 12.8, at
Portland, OR. Multnomah County, Oregon, the bridge owner, is requesting
to change the current regulation to allow painting and preservation of
the Morrison Bridge including the double bascule span. The modified
rule would change from a full span opening to a single leaf, half
opening, and operation. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before December 27, 2021. The Coast Guard anticipates that this
proposed rule will be effective from 7 p.m. on April 1, 2022, through 7
p.m. on May 31, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0778 using Federal Decision Making Portal at https://www.regulations.gov. 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 proposed
rule, call or email Steven Fischer, Thirteenth District Bridge
Administrator, U.S. Coast Guard; telephone 206-220-7282, email [email protected].
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 (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
County Multnomah County
II. Background, Purpose and Legal Basis
Multnomah County, Oregon, owns and operates the Morrison Bridge
across the Willamette River at mile 12.8. The County is requesting a
temporary change to the existing operating regulation. The County is
proposing to open the Morrison Bridge's span in single leaf mode, half
of the double bascule span, to marine vessels with a minimum of two-
hour notice, or four-hour notice if a tug assist is needed. The County
needs to maintain half of the draw closed to allow for preservation and
paint efforts. The proposed regulation change would allow the Morrison
Bridge to alternate operation of the east or west leaf span from April
1, 2022, through May 31, 2023. The west span will be operational at the
beginning of construction and the east span will be closed to
navigation. The dates to switch operational spans will be determined
later and published in the Local and Broadcast Notice to Mariners. This
proposal also allows a containment system under the bridge that reduces
the non-opening half of the bridge's vertical clearance by 5 feet from
69 feet center to 64 feet, and from 48 feet on the sides to 43 feet
above the Columbia River Datum 0.0. Marine traffic on this section of
the Willamette River consists of vessels ranging from small pleasure
craft up to large commercial vessels and barges. The subject bridge
currently operates in accordance with 33 CFR 117.897(c)(3)(iv).
III. Discussion of Proposed Rule
The Coast Guard proposes a temporary change to 33 CFR
117.897(c)(3)(iv) to be in effect from 7 p.m. on 1 April, 2022, through
7 p.m. on 31 May, 2023. This temporary rule will suspend the current
regulatory cite regarding the Morrison Bridge, and add a temporary 33
CFR 117.897(c)(3)(vi) which will amend the operating schedule of the
Morrison Bridge by requiring a two-hour notice, or four-hour notice
with tug assist, for all draw openings, and alternate the operation of
the double bascule spans to single span which will reduce the
horizontal clearances of the bridge. The temporary rule is necessary to
accommodate preservation and painting of the Morrison Bridge. This
bridge provides a vertical clearance approximately 69 feet, at the
center, above Columbia River Datum 0.0 when in the closed-to-navigation
position. One half of the bascule bridge will have a containment system
installed on the non-opening half of the span, which will reduce the
vertical clearance by 5 feet to 64 feet center and 43 feet on the
sides. A tug will be available for assists to mariners as needed when a
request is given with a notice of four hours for an opening. The
horizontal clearance with a full opening is 185 feet, therefore, in
single leaf operations, a temporary rule change will reduced the
horizontal clearance to approximately 90 feet. Vessels able to transit
under the Morrison Bridge without an opening may do so at any time.
Marine vessels are advised to be aware of fall hazards. This section of
the Willamette River has no alternate routes. During the Portland Rose
Festival, both leafs of the double bascule span will be fully
operational. If any mariner submits a full opening request to the
County prior to construction beginning, a full opening can be
scheduled. All marine emergency vessels can navigate under the Morrison
Bridge without an opening, and therefore do not need to contact the
Hawthorne Bridge for an emergency opening.
This regulatory action determination is based on the ability of the
Morrison Bridge to open on signal after the Hawthorne Bridge, at
Willamette River mile 13.1, has received at least a two-hour notice, or
four-hour notice for tug assist, by telephone at 503-988-3452 or VHF
radio request. The Coast Guard has made this finding based on the fact
that the proposed change allows any vessel needing a drawbridge opening
to transit through the Morrison Bridge after providing adequate notice
and being provided with tug assistance if required.
[[Page 66989]]
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on these statutes 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge given advance notice.
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
proposed 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 the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
V. 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.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2021-0778 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. 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.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the
[[Page 66990]]
previous paragraph, and then select ``Supporting & Related Material''
in the Document Type column. Public comments will also be placed in our
online docket and can be viewed by following instructions on the
https://www.regulations.gov Frequently Asked Questions web page. We
review all comments received, but we will only post comments that
address the topic of the proposed rule. We may choose not to post off-
topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
in response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
0
2. In Sec. 117.897, stay 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, will operate a single
leaf opening, on signal after the Hawthorne Bridge, at Willamette River
mile 13.1, has received, at least a two-hour advance notice, or four-
hour advance notice for tug assist, to open by telephone at 503-988-
3452 or VHF radio.
Dated: November 18, 2021.
M.W. Bouboulis,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2021-25638 Filed 11-23-21; 8:45 am]
BILLING CODE 9110-04-P
