[Federal Register Volume 69, Number 33 (Thursday, February 19, 2004)]
[Rules and Regulations]
[Pages 7684-7686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3622]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD13-04-003]
RIN 1625-AA09


Drawbridge Operation Regulations; Willamette River, OR

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Commander, Thirteenth Coast Guard District, is temporarily 
changing the regulation governing the Broadway Bridge, mile 11.7, 
Willamette River at Portland, Oregon, so that the bridge need not open 
for vessel traffic unless 24 hours notice is provided from February 27 
through November 15, 2004. Additionally, the change sets forth periods 
within this time frame, during which the bridge may remain closed to 
vessel traffic. This temporary rule will accommodate painting and 
repair of the bascule span.

DATES: This rule is effective from 7 a.m. on February 27 through 11 
p.m. on November 15, 2004.

ADDRESSES: Documents referred to in this rule are available for 
inspection or copying at Commander (oan), Thirteenth Coast Guard 
District, 915 Second Avenue, Seattle, Washington 98174-1067 between 
7:45 a.m. and 4:15 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief, Bridge Section, 
Aids to Navigation and Waterways Management Branch, telephone (206) 
220-7282.

SUPPLEMENTARY INFORMATION:

Good Cause for Not Publishing an NPRM

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553 (b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. This rule is being promulgated 
without an NPRM due to the short time between the date the request for 
this change was submitted to the Coast Guard and the start date of the 
scheduled maintenance and repairs. In addition, this temporary schedule 
has been coordinated with the waterway users, and should not cause a 
great disruption in the bridge's current usage. Currently, The drawspan 
averages only 2 to 3 openings a week, usually for grain ships. The 
Columbia River Pilots are able to give 24 hours notice of arrivals and 
departures, and most other vessels plying this reach of the Willamette 
River are able to pass the Broadway Bridge with its drawspan closed.

Good Cause for Making Rule Effective in Less Than 30 days

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. The Coast Guard received the 
request less than 30 days prior to the scheduled painting and repair 
project. Delaying the effective date of this rule would be contrary to 
the public interest because the repair and maintenance require the 
bridge to be closed. This event has been coordinated with the waterway 
users. It is similar to other temporary operations authorized for this

[[Page 7685]]

bridge in the past, which drew no objections from waterway users.

Background and Purpose

    The Multnomah County Bridge Section requested a temporary change to 
the operation of the Broadway Bridge, mile 11.7, Willamette River at 
Portland, Oregon, in order to complete a major rehabilitation project 
that includes painting and repairing the steel truss double-leaf 
bascule span. The span provides 87 feet vertical clearance above 
Portland datum 0.0 in the closed position. A work platform in place, 
reduces the normal vertical clearance by three feet.
    The drawspan averages only 2 to 3 openings a week, usually for 
grain ships. The Columbia River Pilots are able to give 24 hours notice 
of arrivals and departures without inconvenience. Most other vessels 
plying this reach of the Willamette River are able to pass the Broadway 
Bridge with its drawspan closed. Presently, the draw opens on signal 
except that it need not open from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. 
Monday through Friday. These weekday closed periods do not apply to New 
Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, 
and Christmas Day.

Discussion of Rule

    This temporary rule changes the operation of the Broadway Bridge 
from 7 a.m. on February 27 through 11 p.m. on November 15, 2004. During 
that time period, the bridge need not open for vessel traffic unless 24 
hours notice is provided. In addition, the bridge need not open during 
the following periods in 2004: February 27 through March 2; March 4 
through March 6; March 9 through March 11; March 13 through March 17; 
March 19 through March 23; March 25 through March 27; March 29 through 
April 1; April 3 through April 6; April 8 though April 10; April 12 
through April 15; April 17 though April 21; and April 23 through April 
26.

Regulatory Evaluation

    This 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 (DHS).
    This conclusion is based on the fact that the majority of vessels 
plying the river will not be hindered by this change because most of 
the commercial and recreational vessels can pass the span without an 
opening. Grain ships bound for a facility just above the Broadway 
Bridge are able to coordinate movements with the temporary operations 
of the bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule 
would not have a significant economic impact on a substantial number of 
small entities. There are no known small entities affected by this 
rule.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. No 
assistance was requested.

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).

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 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 rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not economically significant and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
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 rule is categorically excluded, under

[[Page 7686]]

figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation. There are no known effects of this rule 
that would warrant further analysis and documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out in the preamble, the Coast Guard amends part 
117 of title 33, Code of Federal Regulations, 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; 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.


0
2. From 7 a.m. on February 27 through 11 p.m. on November 15, 2004, in 
Sec.  117.897, paragraphs (a)(1) and (a)(2) are suspended and a new 
paragraph (a)(5) is temporarily added to read as follows:


Sec.  117.897  Willamette River.

    (a) * * *
    (5)(i) 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 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, and Christmas Day. At least one hour's notice shall 
be given for openings of the Steel Bridge (upper deck only), Burnside 
Bridge and Morrison Bridge, Monday through Friday, from 8 a.m. to 5 
p.m. At all other times at least two hours notice shall be given by 
marine radio, telephone, or other means to the drawtender at the 
Hawthorne Bridge for vessels bound downstream. During Rose Festival 
Week or when the water level 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.
    (ii) The Broadway Bridge need not open for the passage of vessels 
from 7 a.m. on February 27 to 11 p.m. on November 15, 2004, unless at 
least 24 hours notice is provided, except that the draw need not open 
during the following periods in 2004, each period beginning at 7 a.m. 
of the first day until 11 p.m. of the final day: February 27-March 2; 
March 4-March 6; March 9-March 11; March 13-March 17; March 19-March 
23; March 25-March 27; March 29-April 1; April 3-April 6; April 8-April 
10; April 12-April 15; April 17-April 21; and April 23-April 26.
    (iii) Opening signals are as follows:
    (A) Broadway Bridge, mile 11.7, two prolonged blasts followed by 
one short blast.
    (B) Steel Bridge, mile 12.1, one prolonged blast followed by one 
short blast.
    (C) Burnside Bridge, mile 12.4, one prolonged blast followed by two 
short blasts.
    (D) Morrison Bridge, mile 12.8, one prolonged blast followed by 
three short blasts.
    (E) Hawthorne Bridge, mile 13.1, one prolonged blast followed by 
four short blasts.
* * * * *

    Dated: February 3, 2004.
Jeffrey M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 04-3622 Filed 2-18-04; 8:45 am]
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