[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Proposed Rules]
[Pages 28125-28126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12957]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-99-008]
RIN 2115-AE47


Drawbridge Operations Regulations; Willamette River, OR

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the operating regulations 
for all the Multnomah County drawbridges and the Union Pacific 
drawbridge across the Willamette River at Portland, Oregon. The 
proposed amendment would extend by one half-hour each the morning and 
afternoon periods, Monday through Friday (except Federal or State 
holidays), that the draws need not open for the passage of vessels. 
These weekday draw-closure periods serve to relieve congestion at peak 
times for street traffic.

DATES: Comments must reach the Coast Guard on or before July 26, 1999.

ADDRESSES: You may mail comments to Commander (oan), Thirteenth Coast 
Guard District, 915 Second Avenue, Seattle, Washington, 98174-1067, or 
deliver them to room 3510 between 7:45 a.m. and 4:15 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: John E. Mikesell, Chief, Plans and 
Programs Section, Aids to Navigation and Waterways Management Branch, 
Telephone (206) 220-7272.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should identify this rulemaking (CGD 13-99-
008) and the specific section of this document to which each comment 
applies, and give the reason for each comment. Please submit all 
comments and attachments in an unbound format, no larger than 8\1/2\ by 
11 inches, suitable for copying and electronic filing. Persons wanting 
acknowledgement of receipt of comments should enclose stamped, self-
addressed envelopes or postcards. The Coast Guard will consider all 
comments received during the comment period. It may change the proposed 
rule in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Coast Guard include the reasons why a 
hearing would beneficial. If it determines that the opportunity for 
oral presentations will aid this rulemaking, the Coast Guard will hold 
a public hearing at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The purpose of the proposed change to Sec. 117.897 is to make the 
periods in which the draws need not open for the passage of vessels 
congruent with the periods of peak commuter street-traffic in Portland. 
The current closed periods are from 7 a.m. to 8:30 a.m. and 4 p.m. to 
5:30 p.m., Monday through Friday, except for holidays. Traffic on 
highways and streets has increased in recent years in Portland. With 
the periods lengthened by a half-hour each, the closures coincide 
better with the actual periods of peak road travel. The lengthening of 
the periods by this modest amount should not unreasonably impede 
navigation. The Coast Guard has no record of complaints against the 
closed periods now in effect.
    The bridges subject to this proposed change are the Broadway Bridge 
at mile

[[Page 28126]]

11.7, the Steel Bridge at mile 12.1, the Burnside Bridge at mile 12.4, 
the Morrison Bridge at mile 12.8, and the Hawthorne Bridge at mile 
13.1. Multnomah County owns all of these bridges, except Steel Bridge, 
which the Union Pacific Railroad owns. The upper deck of this double-
decked vertical-lift bridge is a roadway operated by the Oregon 
Department of Transportation.

Discussion of Proposed Rule

    By lengthening the periods by one half-hour when the draw spans 
need not open for the passage of vessels, Monday through Friday, we 
should reduce traffic congestion. The revised closed periods will 
coincide more accurately with periods of peak commuter travel on 
arterial streets of Portland.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. It 
has not been reviewed by the Office of Management and Budget under that 
Order. It is not significant under the regulatory policies and 
procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full regulatory evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
The proposed rule would improve commuter traffic flow without 
unreasonably hindering navigation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``small entities'' include small businesses, not-for profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations less than 50,000. Therefore, for the reasons discussed in 
the Regulatory Evaluation section above, the Coast Guard certifies 
under 5 U.S.C. 605(b) of the Regulatory Flexibility Act that this rule, 
if adopted, will not have a significant impact on a substantial number 
of small entities. If, however, you think that your business or 
organization qualifies as a small entity and that this rule will have a 
significant impact on your business or organizations, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and in 
what way and to what degree this rule will economically affect it.

Collection of Information

    This proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposed rule in accordance with 
the principles and criteria contained in Executive Order 12612, and has 
determined that this rule does not have sufficient federalism 
implications for federalism to warrant the preparation of a Federalism 
Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under Figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.1C, this rule is categorically excluded 
from further environmental documentation because promulgation of 
changes to drawbridge regulations does not have a significant effect on 
the environment. No written ``Categorical Exclusion Determination'' is 
required for this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend part 117 of title 33, Code of Federal Regulations, 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Revise Sec. 117.897(a)(1) introductory text to read as follows:


Sec. 117.897   Willamette River.

    (a) * * *
    (1) The draws shall open on signal except that from 7 a.m. to 9 
a.m. and 4 p.m. to 6 p.m. Monday through Friday the draws of the 
Broadway, Steel (upper deck only), Burnside, Morrison, and Hawthorne 
Bridges need not open for the passage of vessels. These closed periods 
are not effective on New Year's Day, Memorial Day, Fourth of July, 
Labor Day, Thanksgiving Day, or Christmas Day or other holidays 
observed locally under State law. At least one hour's notice shall be 
given for openings of the Burnside Bridge and the Morrison Bridge, 
Monday through Friday, from 8 a.m. to 4:30 p.m. At all other times at 
least two hours' notice shall be given. Notice shall be given by marine 
radio, telephone, or other means to the drawtender at the Broadway 
Bridge for vessels bound upstream and to the drawtender at the 
Hawthorne Bridge for vessels bound downstream. During Rose Festival 
Week or when the water elevation reaches and remains above +12 feet, 
the draws will open on signal without advance notice, except during the 
normal closed periods identified in this paragraph (a)(1). Opening 
signals are as follows:
* * * * *
    Dated: May 6, 1999.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 99-12957 Filed 5-24-99; 8:45 am]
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