[Federal Register: October 27, 2006 (Volume 71, Number 208)]
[Proposed Rules]
[Page 62955-62957]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc06-22]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD13-06-048]
RIN 1625-AA09
Drawbridge Operation Regulations; Youngs Bay and Lewis and Clark
River, Astoria, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating regulations
for the New Youngs Bay, Old Youngs Bay, and the Lewis and Clark River
Drawbridges near Astoria, Oregon. This change is requested by the
Oregon Department of Transportation (ODOT), owner of the bridges, due
to reduced demand for draw openings.
DATES: Comments and related material must reach the Coast Guard on or
before November 27, 2006.
ADDRESSES: You may mail comments and related material to Commander
(dpw), 13th Coast Guard District, 915 Second Avenue, Seattle, WA 98174-
1067 where the public docket for this rulemaking is maintained.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the Aids to Navigation and Waterways Management Branch
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief Bridge Section,
(206)220-7282.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD13-06-
048], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
[[Page 62956]]
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Aids to Navigation and
Waterways Management Branch at the address under ADDRESSES explaining
why one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
The vertical lift of the New Youngs Bay Bridge, mile 0.7, when
closed, provides 39.4 feet of vertical clearance above mean high water
and 74.4 feet when open. The Old Youngs Bay bascule span, mile 2.4,
provides 20 feet when closed and unlimited vertical clearance when
open. The Lewis and Clark River Bridge, mile 1.0, provides 25 feet of
clearance when closed and unlimited when open. The operating
regulations currently in effect for these drawbridges at 33 Code of
Federal Regulations 117.899 provide that the spans shall open for the
passage of vessels from 6 a.m. to 6 p.m. Monday through Friday, and 8
a.m. to 4 p.m. Saturday and Sunday, if notice is given at least one
half-hour in advance. At all other times, at least four hours advance
notice must be given. The proposed rule would enable the bridge owner
to reduce the shifts for staffing the drawbridges.
Discussion of Proposed Rule
The proposed rule would change the period on Monday through Friday
during which notice must be given at least one half-hour in advance to
7 a.m. to 5 p.m. The requirement for at least one-half hour advance
notice from 8 a.m. to 4 p.m. on Saturdays and Sundays would not be
changed. Additionally, on all Federal holidays except Columbus Day,
notice will be required at least two hours in advance. At all other
times, notice will be required at least two hours in advance, instead
of the currently required four hours advance notice.
Most of the vessels which require openings of the New Youngs Bay
Bridge and the Lewis and Clark River Bridge are clients of Astoria
Marine Construction, a company which repairs vessels. Generally, the
arrival and departure of these vessels has not been hindered by the
requirement to provide notice for openings.
The proposed rule would effectively reduce the half-hour notice
period on Monday through Friday by two hours. Only a small percentage
of the total openings of the three drawbridges occurred during these
periods (Monday through Friday 6-7 a.m. and 5-6 p.m.). Less than 10
percent of the total number of openings by these three bridges occurred
during those hours. Records from 2002 through 2005 showed that openings
during those hours varied from a low of 6 percent of total opening to a
high of 9 percent. The annual total number of openings at these
particular hours ranged from 64 in 2002 to 47 in 2005. Openings on
Federal holidays comprised only 1 to 2 percent of the total annual
openings from 2002 to 2005.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security.We expect the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation is unnecessary. The
single commercial boat yard, which is the destination for most vessels
that pass through the bridges, has indicated that they can tolerate the
proposed changes.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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. We expect few vessel operators will be
inconvenienced by the proposed operating schedule as it quite similar
to operating regulations that have been in effect without complaint for
several years.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Austin Pratt, Chief, Bridge
Section, at (206) 220-7282.
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.)
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
[[Page 62957]]
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Information and Regulatory Affairs
has not designated it as a significant energy action. Therefore, it
does not require a Statement of Energy Effects under Executive Order
13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD and Department of Homeland Security Management Directive
5100.1, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, we believe this proposed rule should be
categorically excluded, under figure 2-1, paragraph (32)(e) of the
Instruction, from further environmental documentation. Under figure 2-
1, paragraph 32(e) of the Instruction, an ``Environmental Analysis
Checklist'' and a ``Categorical Exclusion Determination'' are not
required for this rule. However, comments on this section will be
considered before the final rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Revise Sec. 177.899 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 notice is given at least one half-hour in advance to the
drawtender 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 and from 8 a.m. to 4 p.m. on Saturday and Sunday. At all other
times, including all federal holidays except Columbus Day, notice is
required by telephone at least two hours in advance. 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 at the foot of Fifth Street, shall open on
signal for the passage of vessels if notice is given at least one half-
hour in advance to the drawtender 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 and from 8 a.m. to 4 p.m. Saturday and
Sunday. At all other times, including all federal holidays except
Columbus Day, notice is required by telephone at least two hours in
advance. The opening signal is 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 notice is given at least one half-
hour in advance by marine radio, telephone, or other suitable means
from 7 a.m. to 5 p.m. Monday through Friday and from 8 a.m. to 4 p.m.
on Saturday and Sunday. At all other times, including all federal
holidays except Columbus Day, notice is required by telephone at least
two hours in advance. The opening signal is one prolonged blast
followed by four short blasts.
Dated: October 13, 2006.
R.R. Houck,
Rear Admiral, U.S. Coast Guard, District Commander,Thirteenth Coast
Guard District.
[FR Doc. E6-17971 Filed 10-26-06; 8:45 am]
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