[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Rules and Regulations]
[Pages 44731-44733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20512]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0474]
RIN 1625-AA09


Drawbridge Operation Regulation; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Morrison Bridge across the Willamette River, mile 12.8, at 
Portland, Oregon. The temporary interim rule is necessary to 
accommodate Multnomah County's (bridge owner) unexpected extension of 
time required to replace the bridge decking. This temporary rule is 
necessary due to the amount of days requested by the bridge owner. The 
active deviation expires at the 180th day, and the Coast Guard does not 
approve back-to-back deviations.

DATES: This temporary interim rule is effective from 7 p.m. on 
September 27, 2017, through 7 p.m. on November 12, 2017.
    Comments and related material must reach the Coast Guard on or 
before October 26, 2017.

ADDRESSES: You may submit comments or view documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2017-0474 in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rulemaking.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule, call or email Mr. Steven Fischer, Bridge Administrator, 
Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On June 23, 2016, we published a temporary deviation entitled 
Drawbridge Operation Regulation; Willamette River, Portland, OR, in the 
Federal Register (81 FR 40813), where we did not request comments. 
However, we conducted a public outreach in May 2016 and did not receive 
any objections. No complaints have been submitted

[[Page 44732]]

during the current temporary deviation's operation.
    The Coast Guard is issuing this temporary interim rule without 
prior notice and opportunity to comment pursuant to authority under 
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). This provision authorizes an agency to issue a rule without 
prior notice and opportunity to comment when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast 
Guard finds that good cause exists for not publishing a notice of 
proposed rulemaking (NPRM) with respect to this rule because it is 
impracticable. We must modify the operation schedule of the bridge by 
September 27, 2017 to allow Multnomah County to replace the bridge 
decking, but we lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing the 
modification.
    We are issuing this rule and under 5 U.S.C. 553(d)(3), and for the 
reasons stated above, the Coast Guard finds that good cause exists for 
making it effective in less than 30 days after publication in the 
Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The Coast Guard is modifying the operating schedule that governs the 
Morrison Bridge across the Willamette River, mile 12.8, at Portland, 
Oregon. The Morrison Bridge is a double bascule bridge. When the 
bascule span is in the closed-to-navigation position, the bridge 
provides 69 feet of vertical clearance, and in the open position 
provides unlimited vertical clearance. The normal operating schedule 
for the Morrison Bridge is in accordance with 33 CFR 117.897(c)(3)(iv). 
Multnomah County, the bridge owner, contacted us requesting additional 
time to deviate from the operating rule due to delays in receiving 
replacement parts, and needing to fabricate parts on site.
    Multnomah County requested that the Morrison Bridge be allowed to 
only open half the span, 92 feet, as opposed to a full opening, 185 
feet, to accommodate extra time to replace bridge decking. The County 
has also requested to reduce the vertical clearance of the non-opening 
side of the span with scaffolding erected 10 feet below the lower 
bridge cord for a containment system, and to require at least a two 
hour advance notice for an opening. Waterway usage on this part of the 
Willamette River includes vessels ranging from commercial tug and barge 
to small pleasure craft. Vessels able to pass through the Morrison 
Bridge in the closed position may do so at anytime. A tug will be on 
site to assist vessels through the single leaf span opening upon 
request. The bridge will be able to open half the span for emergencies 
with a two hour notice, and there is no immediate alternate route for 
vessels to pass.

IV. Discussion of the Temporary Interim Rule

    The Coast Guard has issued a temporary interim rule from the 
operating schedule that governs the Morrison Bridge across the 
Willamette River, mile 12.8, at Portland, Oregon. The rule is necessary 
to accommodate Multnomah County's replacement of the bridge decking. 
This rule allows the bridge to only open half of the span, single leaf, 
to allow for the replacement of bridge decking. The rule also allows 
the vertical clearance to be reduced due to the project's containment 
system.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771. This regulatory action 
determination is based on the ability that vessels can still transit 
under the bridge, or give advanced notice for a half opening.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section IV.A 
above, this interim rule would not have a significant economic impact 
on any vessel owner or operator. Multnomah County has taken precaution 
to provide a tug to assist vessels, if needed, so businesses will not 
suffer any impacts. Furthermore, half the span can be opened to vessels 
that require an opening.
    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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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.

C. 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).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism

[[Page 44733]]

principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does 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.

E. 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and 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 
determination that this action is one of a category of actions which do 
not individually or cumulatively have a significant effect on the human 
environment. This rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    We seek any comments or information that may lead to the discovery 
of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this Temporary Interim Rule as being 
available in this docket and all public comments, will be in our online 
docket at http://www.regulations.gov and can be viewed by following 
that Web site's instructions. Additionally, if you go to the online 
docket and sign up for email alerts, you will be notified when comments 
are posted or a final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

0
2. In Sec.  117.897, effective from 7 p.m. on September 27, 2017, 
through 7 p.m. on November 12, 2017, suspend paragraph (c)(3)(iv) and 
add paragraph (c)(3)(vi) to read as follows:


Sec.  117.897  Willamette River.

* * * * *
    (c) * * *
    (3) * * *
    (vi) Morrison Bridge, Portland, mile 12.8, shall operate in single 
leaf, and open half the draw on signal if at least two hours notice is 
given. The vertical clearance of the non-functioning leaf will be 
reduced up to 10 feet.

    Dated: September 18, 2017.
David Throop,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2017-20512 Filed 9-25-17; 8:45 am]
 BILLING CODE 9110-04-P