[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Rules and Regulations]
[Pages 5984-5986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2311]


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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: Final rule.

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SUMMARY: The Coast Guard is changing 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 is 
required from 8 a.m. to 5 p.m. Monday through Friday and two-hour 
notice at all other times. Also, the Broadway Bridge is 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. These changes are necessary to reduce the staffing 
requirements for the bridges, which has been made possible by the 
infrequent number of requests for openings received.

DATES: This rule is effective March 6, 2009.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2008-0721 and are available online by going to 
http://www.regulations.gov, selecting the Advanced Docket Search option 
on the right side of the screen, inserting USCG-2008-0721 in the Docket 
ID box, pressing Enter, and then clicking on the item in the Docket ID 
column. This material is also available for inspection or copying at 
two locations: the 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, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays and Commander (dpw), 
Thirteenth Coast Guard District, 915 Second Avenue, room 3510, Seattle, 
WA 98174-1067, between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays.

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

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On September 12, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Willamette River, 
Portland, OR, Schedule Change in the Federal Register (73 FR 178). We 
received no public submissions on the proposed rule. No public hearing 
was requested, and none was held.

Background and Purpose

    The rule enables 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

[[Page 5985]]

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 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 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. The rule gives 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 rule restores normal double-leaf operations to the Burnside 
Bridge, mile 12.4, following a lengthy rehabilitation project.

Discussion of Proposed Rule

    This rule amends 33 CFR 117.897 by revising the current paragraph 
(c) 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 is the Hawthorne Bridge rather than the Broadway 
and Hawthorne, respectively. The Burnside Bridge is required to operate 
both leaves per the same schedule.
    We received no letters commenting on the proposed rule. No public 
hearing was requested, and none was held.

Regulatory Analyses

    We developed this 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 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. The Coast Guard made this determination 
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 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 will 
not have a significant economic impact on a substantial number of small 
entities. This rule will 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.
    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.

Collection of Information

    This 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 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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would 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 an economically significant rule and does not create 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

[[Page 5986]]

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.

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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it 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.
    We have analyzed this rule under Department of Homeland Security 
Directive 0023.1 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded that this action 
is one of a category of actions which do not individually or 
cumulatively have a significant effect on the human environment. 
Therefore, this rule is categorically excluded, under section 2.B.2. 
figure 2-1, paragraph 32(e) of the Instruction and neither an 
environmental assessment nor an environmental impact statement is 
required. This rule involves the promulgation of operating regulations 
or procedures for drawbridges.

List of Subjects in 33 CFR Part 117

    Bridges.

0
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(g); Department of 
Homeland Security Delegation No. 0170.1.


0
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 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: December 16, 2008.
J.P. Currier,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. E9-2311 Filed 2-3-09; 8:45 am]
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