[Federal Register Volume 65, Number 11 (Tuesday, January 18, 2000)]
[Rules and Regulations]
[Pages 2539-2541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1030]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-99-008]
RIN 2115 AE47


Drawbridge Operations Regulations; Willamette River, OR

AGENCY:  Coast Guard, DOT.

ACTION:  Final rule.

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SUMMARY:  The Coast Guard is changing the operating regulations for all 
the Multnomah County drawbridges and the Union Pacific drawbridge 
across the Willamette River at Portland, Oregon. The draws will open on 
signal except from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. Monday 
through Friday, except for certain holidays. This rule adds a 
requirement for one-hour or two-hour notices for lifts of the upper 
deck of the Steel Bridge at certain times each day, consistent with the 
notice requirements for the Burnside and Morrison Bridges immediately 
upstream. The hours for the one hour notice requirement are changed to 
accord with the new hours for the above closed periods.

DATES:  This final rule is effective on February 17, 2000.

ADDRESSES:  Comments and material received from the public, as well as 
documents as indicated in this preamble as being available in the 
docket, are part of docket CGD13-99-008 and are available for 
inspection or photocopying at the office of the Commander (oan),

[[Page 2540]]

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:  John E. Mikesell, Chief, Plans and 
Programs Section, Aids to Navigation and Waterways Management Branch, 
Telephone (206) 220-7272.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 25, 1999, we published a notice of proposed rulemaking 
entitled Drawbridge Operation Regulations; Willamette River, Oregon, in 
the Federal Register {64 FR 28125}. We received one letter commenting 
on the proposed rule. No public hearing was requested and none was 
held.

Background

    The purpose of this rulemaking is to extend by one half-hour the 
daily Monday through Friday periods during which the draws need not 
open for the passage of vessels. By moderately changing the closed 
periods Monday through Friday by one hour per day, the Coast Guard 
intends to assist traffic flow in the city of Portland without 
unreasonably hindering navigation on the Willamette River. These closed 
periods for the drawspans will coincide better with the actual periods 
of peak road traffic.
    The Willamette River bears commercial navigation including tour 
boats, tug and tows, derrick barges, as well as recreational craft. No 
one has objected to the proposed rule. The changes are not great enough 
to have a significant impact on waterway use.

Discussion of Comments and Changes

    The Coast Guard received one letter in response to the notice of 
proposed rulemaking. The Oregon Department of Transportation (ODOT), 
operator of the upper deck of the Steel Bridge, requested the Coast 
Guard to apply the advance notice for opening requirements that are in 
effect for the Morrison and Burnside Bridges to the upper deck of the 
Steel Bridge.
    The notice requirement for the upper deck of the Steel Bridge was 
not published in the notice of proposed rulemaking. However, the notice 
requirement for the upper deck of the Steel Bridge would be consistent 
with the notice requirements for the Burnside and Morrison Bridges of 
Multnomah County, which are nearby, upstream of the Steel Bridge. In 
order to uphold consistency within 33 CFR 117.897, the notice 
requirement for the upper deck of the Steel Bridge is added in this 
final rule. This minor aspect of the final rule will not unreasonably 
hinder navigation. Almost all vessels that would require the upper deck 
of the Steel Bridge to lift would also need the draws of the Morrison 
and Burnside to open for their passage as well. This notice requirement 
is not applied to the lower deck because it is usually in the raised 
position except for the passage of trains.
    In addition, the hours for the one hour notice are changed to 
coincide in a reasonable way with the new times for the closed periods. 
This was not mentioned in the proposed rule but will have no 
significant effect on navigation. The hours for one hour notice were 8 
a.m. to 4:30 p.m. and are now 8 a.m. to 5 p.m.
    The Steel Bridge, owned by the Union Pacific Railroad, is an 
unusual vertical lift structure. The bridge, including the drawspan, 
has two decks, one over the other. The lower deck bears rail traffic 
while the upper deck supports light commuter rail and automotive 
traffic. The upper deck is operated by ODOT. Many vessels are able to 
pass the Steel Bridge when only the lower deck is lifted. This is done 
by telescoping its steel uprights into the vertical elements of the 
upper truss. Lifts of the upper deck with lower deck telescoped are 
needed far less often than those of the lower deck. The lower deck, 
when down, provides only about 26 feet of vertical clearance at 
ordinary low water level. At the same river level, 72 feet is provided 
with the lower deck lifted and 161 feet with both decks fully raised.

Regulatory Evaluation

    This final rule is not a ``significant regulatory action'' under 
3(f) of Executive Order 12866 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 Transportation (DOT) (44 FR 11040, February 26, 
1979). The Coast Guard expects the economic impact of this rule to be 
so minimal that a full regulatory evaluation under paragraph 10(e) of 
the regulatory policies and procedures of DOT is unnecessary. The final 
rule should improve commuter traffic flow by minimally increasing the 
times when commercial navigation cannot pass through the open draw 
spans.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this final rule, would have a significant economic 
impact on a substantial number of small entities. ``Small entities'' 
include small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations less than 50,000. This 
rule will effect the following entities, some of which may be small 
entities: the owners or operators of vessels intending to transit 
through the portion of the Willamette over which the subject bridges 
pass. The changes to the regulations are minimal. The effects may be 
mitigated by planning passages of the Willamette according to the 
operating schedule of the drawbridges. Furthermore, many of the small 
entities would not require these bridges to open for their passage. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not 
have a significant impact on a substantial number of small entities.

Collection of Information

    This final rule calls for no new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this final rule in accordance with the principles 
and criteria contained in Executive Order 13132, and have determined 
that this final rule does not have implications for federalism under 
that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the federal government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

[[Page 2541]]

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under Section 2.B.2., Figure 2-1, paragraph 32(e) 
of Commandant Instruction M16475.1C, this rule is categorically 
excluded from further environmental documentation because promulgation 
of changes to drawbridge regulations have been found not to have a 
significant effect on the environment. A written ``Categorical 
Exclusion Determination'' is not required.

List of Subjects in 33 CFR Part 117

    Bridges.
    For the reasons set out in the preamble, the Coast Guard amends 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; 49 CFR 1.46; 33 CFR 1.05-1(g); 
section 117.255 also issued under the authority of Pub. L. 102-587, 
106 Stat. 5039.

    2. Revise Sec. 117.897(a)(1), introductory text, to read as 
follows:


Sec. 117.897  Willamette River.

    (a) * * *
    (1) 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 
Broadway, 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. Notice shall be given by marine radio, telephone, or other means 
to the drawtender at the Broadway Bridge for vessels bound upstream and 
to the drawtender at the Hawthorne Bridge for vessels bound downstream. 
During Rose Festival Week or when the water elevation 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 (a)(1). Opening signals are as follows:
* * * * *

    Dated: December 21, 1999.
Paul M. Blayney,
Rear Admiral, Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 00-1030 Filed 1-14-00; 8:45 am]
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