[Federal Register: August 22, 2005 (Volume 70, Number 161)]
[Proposed Rules]
[Page 48929-48931]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au05-40]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD13-05-023]
RIN 1625-AA09
Drawbridge Operation Regulations; Willamette River, Portland, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the drawbridge operation
regulations for bridges on the Willamette River, Oregon. This proposed
revision would reorganize the text into a more understandable format
with minor editing of the regulations, and change the operating
regulations for the draw of the Burnside Bridge across the Willamette
River, mile 12.4, at Portland, Oregon. The proposed change to the
Burnside Bridge operating regulation will enable the bridge owner to
provide single-leaf operation of the bridge, except during the Rose
Festival, to facilitate major structural and mechanical rehabilitation
of the bridge. Repairs are currently expected to last approximately two
years, after which it is expected that the operating regulation will be
revised to provide for double-leaf operation again.
DATES: Comments and related material must reach the Coast Guard on or
before October 21, 2005.
ADDRESSES: You may mail comments and related material to Commander
(oan), 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,
13th Coast Guard District, (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 (CGD13-05-
023), 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.
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 operating regulations currently in effect for the drawbridges
on the Willamette River are at 33 CFR 117.897. The regulations as they
are currently written are confusing as to which exceptions apply to
which bridge. The reorganization of the text will simplify and clarify
the regulations.
The proposed rule would also enable Multnomah County, the owner of
the Burnside Bridge, to rehabilitate the structure. The work includes
repairing the drawbridge mechanism, replacing the concrete deck and
repairing corroded steel. One side would be disabled throughout the
period. The operable side will be indicated via a Local Notice to
Mariners.
The Burnside Bridge in the closed position provides 65.5 feet of
vertical clearance above 0.0 datum according to the Corps of Engineers
at the center of the bascule and 205 feet of horizontal clearance.
Drawbridge openings are provided on average 40 times monthly for
recreational vessels, tugs and tows, and floating construction
equipment. This averages less than twice a day for opening frequency.
The current regulation provides that the spans need not open for
the passage of vessels from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m.,
Monday through Friday, except New Years Day, Memorial Day, the Fourth
of July, Labor Day, Thanksgiving Day, and Christmas Day. From 8 a.m. to
5 p.m., Monday through Friday, one hour's notice is required for all
openings of the upper deck of the Steel Bridge, the Burnside Bridge and
the Morrison Bridge, and two hours notice is required at all other
times for those 3 bridges. Notice at least 2 hours in advance is also
required at all other times to open the draws of the Broadway and
Hawthorne Bridges. The draw operates on signal during Rose Festival
Week and whenever the river level reaches and remains above +12 feet.
Reorganization of Text
This proposed rule would reorganize the text of 33 CFR 117.897.
Currently, the regulation is confusing as to which exceptions to normal
bridge operations apply to which bridges. This change will enhance and
facilitate comprehension of the regulation.
The conflict between the open period, from 8 a.m. to 5 p.m., and
the closed periods, from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m.,
would be resolved by changing the open period hours to 9
[[Page 48930]]
a.m. to 6 p.m. Additionally, the bridge-specific sound signals would be
deleted because they have not been used by mariners for years. The
signal would default to the general sound signal of one prolonged blast
followed by one short blast prescribed in 33 CFR 117.15.
The regulations covering the Union Pacific railroad bridge, mile
84.3, at Salem would be removed because, under a bridge permit
amendment, the bridge has been converted to a fixed span and is
therefore no longer an operating drawbridge.
Change of Burnside Bridge Operating Regulation
This proposed rule would provide Multnomah County the opportunity
to perform much needed maintenance by allowing it to operate only one
leaf instead of two. During the Rose Festival, double-leaf openings
would be provided. Recreational vessels should be able to easily pass
safely through a single-leaf opening. Most recreational vessels do not
require an opening of the draw. Tugs and tows may experience greater
difficulty because of winds, currents, loading, etc. The bridge owner
is offering an assist tug for such vessels if a request for this
assistance is made at least 4 hours in advance. This offer is not
embodied in this proposed rule.
Preliminary analysis indicates that most vessel operators will not
be inconvenienced by the special operations. Large oceangoing vessels
do not normally travel this far upstream on the Willamette and the
majority of recreational vessels can pass the drawbridge without an
opening. Tugs and tows are the most common vessels that would have to
proceed with extra caution. There is a single frequent user of the
drawspan. The Burnside Bridge is part of a heavily traveled commuter
arterial that serves downtown Portland.
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 under the regulatory policies
and procedures of DHS is unnecessary.
The Coast Guard reached this conclusion based on the fact that the
few substantive changes being made are very minor. Most vessels will be
able to plan transits to avoid the closed periods. Most commercial
vessel owners have indicated that they can tolerate the proposed hours
by working around them.
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. The proposed temporary change may affect some
recreational sailboat owners insofar as they must plan their transits
around the periods during which the bridges are closed to regain
moorage above the drawbridges. We expect these to be few in number.
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. 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.
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.
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.
[[Page 48931]]
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 Information and Regulatory Affairs has
not designated this 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 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, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that 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, this proposed rule is categorically excluded,
under figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation. There are no expected environmental
consequences of the proposed action that would require further analysis
and documentation.
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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Revise section 117.897 to read as follows:
Sec. 117.897 Willamette River.
(a) The draws of the Union Pacific railroad bridges, mile 119.6 at
Albany; and mile 164.3 near Harrisburg, need not open for the passage
of vessels. However, the draws shall be returned to operable condition
within six months after notification by the District Commander to do
so.
(b) The draw of the Oregon State highway bridge, mile 132.1 at
Corvallis, shall open on signal if at least seven days notice is given.
However, the draw need not be opened on Saturdays, Sundays, or Federal
Holidays.
(c) The draws of the bridges listed in paragraph (c)(3) of this
section shall open on signal if the specified advance notice is given,
subject to the following requirements and exceptions:
(1) The draws need not open for the passage of vessels from 7 a.m.
to 9 a.m. and 4 p.m. to 6 p.m. every Monday through Friday; except that
on New Year's Day, Memorial Day, the Fourth of July, Labor Day,
Thanksgiving Day, and Christmas Day, the draws shall open during those
hours in accordance with the requirements of paragraph (c)(3) of this
section.
(2) During Rose Festival Week or when the water elevation reaches
and remains above +12 feet, no advance notice is required; except that
the closed periods described in paragraph (c)(1) of this section apply.
(3)(i) Broadway Bridge, at Portland, mile 11.7. No advance notice
is required. The closed periods described in paragraph (c)(1) of this
section do not apply to oceangoing vessels of 750 gross tons or over.
(ii) Steel Bridge (upper deck only), at Portland, mile 12.1. From 9
a.m. to 4 p.m. Monday through Friday, notice must be given at least one
hour in advance for draw openings. At all other times, notice at least
two hours in advance is required.
(iii) Burnside Bridge, at Portland, mile 12.4. Only single-leaf
openings will be provided, except that double-leaf openings will be
provided during the Rose Festival. From 9 a.m. to 4 p.m. Monday through
Friday, notice at least one hour in advance shall be given for draw
openings. At all other times, notice at least two hours in advance is
required.
(iv) Morrison Bridge, at Portland, mile 12.8. From 9 a.m. to 4 p.m.
Monday through Friday, notice shall be given at least one hour in
advance for draw openings. At all other times, notice at least two
hours in advance is required.
(v) Hawthorne Bridge, Portland, mile 13.1. No advance notice is
required.
Dated: August 8, 2005.
Richard R. Houck,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 05-16516 Filed 8-19-05; 8:45 am]
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