[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Proposed Rules]
[Pages 52934-52937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21360]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-0721]
RIN 1625 AA09


Drawbridge Operation Regulation; Willamette River, Portland, OR, 
Schedule Change

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the drawbridge operation 
regulation for the Broadway and Burnside Bridges across the Willamette 
River, mile 11.7, in Portland, Oregon so that one-hour notice would be 
required from 8 a.m. to 5 p.m. Monday through Friday and two-hour 
notice at all other times. The Broadway Bridge would be deleted as a 
point of contact for upstream vessels, leaving the Hawthorne Bridge as 
the point of contact for both upstream and downstream travel 
directions.

DATES: Comments and related material must reach the Coast Guard on or 
before November 12, 2008.

ADDRESSES: You may submit comments identified by the Coast Guard docket 
number USCG-2008-0721 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Austin Pratt, Chief, Bridge Section, Waterways Management 
Branch, 13th Coast Guard District, telephone 206-220-7282. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

[[Page 52935]]

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0721), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, 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.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0721) 
in the search box, and click ``Go>>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays or the 13th Coast Guard District Waterways Management Branch 
at 915 Second Avenue, Seattle, WA 98174-1067 between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
a public meeting 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 proposed rule would enable Multnomah County, the owner of the 
Broadway Bridge, to operate the draw if at least one hour of notice is 
provided from 8 a.m. to 5 p.m. Monday through Friday and two hours of 
notice at all other times. From July 1, 2005, through June 30, 2007, 
the draw opened 165 times for vessels. This bridge opens on average 
slightly less than 7 times a month for river traffic. Most vessels that 
require the Broadway bascule span to open are grain ships, which are 
piloted by Columbia River Pilots. These ships have typically been able 
to give several hours notice of arrival as they must navigate over 100 
miles of the Columbia River to reach Portland from the Pacific Ocean.
    The operating regulations currently in effect for the Broadway 
Bridge are found at 33 CFR part 117. The drawspan currently operates 
under the general requirements of 33 CFR 117.897(a)(1) such that it 
must open on signal for the passage of vessels on signal except that 
Monday through Friday it need not open from 7 a.m. to 9 a.m. and from 4 
p.m. to 6 p.m. These closed periods are not effective for federal 
holidays, except Columbus Day. The Broadway Bridge is the point of 
contact for upstream or inbound vessels for openings of drawbridges 
that require advance notice. This change would also give this function 
to the Hawthorne Bridge, which is the point of contact for vessels 
traveling downstream.
    The bridge provides a minimum of 90 feet of vertical clearance in 
the closed position above low water (elevation 0.0 feet Portland City 
Datum). It is considerably higher than other bascule bridges on the 
Willamette in downtown Portland, which partly explains its low 
frequency of opening. The horizontal clearance is 250 feet. In the 
fully open position the bridge allows unlimited vertical clearance over 
the channel.
    The bridge is located on a major arterial in Portland carrying both 
local and commuter traffic.
    The proposed rule would also restore normal double-leaf operations 
to the Burnside Bridge, mile 12.4, following a lengthy rehabilitation 
project.

Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.897 by revising the 
current paragraph (a)(1) to add the Broadway Bridge to the bridges for 
which there is the notice requirement for openings. The point of 
contact for both upstream and downstream traffic would be the Hawthorne 
Bridge rather than the Broadway and Hawthorne, respectively. The 
Burnside Bridge would be required to operate both leaves per the same 
schedule.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    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. We reached this conclusion based 
on the fact that most vessel operators can plan their passage in 
accordance with the closed periods to minimize any impact on their 
activities.

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

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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. This proposed rule would predominantly affect 
grain ships traveling to and from the dock at C.L.D. Pacific Grain 
immediately upstream of the bridge on the east bank. The pilots of 
these vessels should be able to provide this notice with no undue 
burden. The single point of contact for advance notice simplifies the 
regulation for users.
    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, Waterways Management Branch, 13th Coast Guard District, 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 
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.

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 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, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is not likely to 
have a significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; Department of Homeland 
Security Delegation No. 0170.1.
    2. Amend Sec.  117.897 by revising paragraphs (c) introductory 
text, (c)(3)(i) and (c)(3)(iii) to read as follows:


Sec.  117.897  Willamette River.

* * * * *
    (c) The draws of the bridges listed in paragraph (c)(3) of this 
section shall open on signal if appropriate advance notice is given to 
the drawtender of the

[[Page 52937]]

Hawthorne Bridge subject to the following requirements and exceptions:
* * * * *
    (3)(i) Broadway Bridge, mile 11.7, from 8 a.m. to 5 p.m. Monday 
through Friday, one hour's notice shall be given for draw openings. At 
all other times, notice of at least two hours in advance is required.
* * * * *
    (iii) Burnside Bridge, mile 12.4, from 8 a.m. to 5 p.m. Monday 
through Friday, one hour's notice shall be given for draw openings. At 
all other times, two hours notice is required.
* * * * *

    Dated: September 2, 2008.
J.P. Currier,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. E8-21360 Filed 9-11-08; 8:45 am]
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