[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Proposed Rules]
[Pages 48929-48931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16516]


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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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