[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Rules and Regulations]
[Pages 10309-10311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03812]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2021-0778]
RIN 1625-AA09


Drawbridge Operation Regulation; Willamette River, Portland, OR

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the Morrison Bridge across the Willamette River, 
mile 12.8, at Portland, OR. Multnomah County, Oregon, the bridge owner, 
is requesting to change the current regulation to allow painting and 
preservation of the Morrison Bridge including the double bascule span. 
The modified rule would change normal bridge operations from a full 
span opening to a single leaf, or half span opening.

DATES: This rule is effective from 7 p.m. on April 1, 2022, through 7 
p.m. on May 31, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2021-0778 in the ``SEARCH'' box and click ``SEARCH.'' In the Document 
Type column, select ``Supporting & Related Material.''.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Steven M. Fischer, Bridge 
Administrator, Thirteenth Coast Guard District Bridge Program Office, 
telephone 206-220-7282; email <a href="/cdn-cgi/l/email-protection#1571242638667877387124263877677c7172706655606676723b787c79"><span class="__cf_email__" data-cfemail="ddb9eceef0aeb0bff0b9eceef0bfafb4b9bab8ae9da8aebebaf3b0b4b1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
County Multnomah County, Oregon Bridge Owner

II. Background Information and Regulatory History

    On November 24, 2021, the Coast Guard published a notice of 
proposed rulemaking entitled ``Drawbridge Operation Regulation; 
Willamette River, Portland, OR'' in the Federal Register (86 FR 66988). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this temporary rule modification. 
During the comment period that ended December 27, 2021, we received no 
comments for this final rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499. The Morrison Bridge across the Willamette River, mile 12.8, at 
Portland, OR, is a double bascule draw bridge. The subject bridge 
provides a vertical clearance of 69 feet, at center, and 48 feet on the 
sides in the closed-to-navigation position. The vertical clearance is 
unlimited when the draw is in the open-to-navigation position. All 
clearances are based on the Columbia River Datum 0.0. Marine traffic on 
this section of the Willamette River consists of vessels ranging from 
small pleasure craft up to large commercial vessels and barges. The 
Morrison Bridge operates in accordance with 33 CFR 117.897(c)(3)(iv). 
The county will be painting and preserving the Morrison Bridge 
including the double bascule span. The modified rule will change bridge 
operations from a full span opening to a single leaf, or half span 
opening. The purpose of this rule is to ensure safety of vessels and 
the navigable waters below the bridge.

IV. Discussion of Comments, Changes and the Rule

    The Coast Guard provided a comment period of 30 days due to the 
fact the County had also performed an outreach to the waterway 
stakeholders before contacting the Coast Guard for this temporary rule 
request. As noted above, we received no comments on our NPRM published 
November 24, 2021. There are no changes in the regulatory text of this 
rule form the proposed rule in the NPRM.
    This rule establishes a temporary change to 33 CFR 
117.897(c)(3)(iv) to be in effect from 7 p.m. on April 1, 2022, through 
7 p.m. on May 31, 2023. This rule temporarily suspends the current 
regulatory cite regarding the Morrison Bridge, and adds a temporary 33 
CFR 117.897(c)(3)(vi) which amends the operating schedule of the 
Morrison Bridge by requiring a two-hour notice, or four-hour notice 
with tug assist, for all drawbridge vessel openings. By operating in 
single leaf opening mode the horizontal clearance of the bridge draw 
will be reduced by half that of a double leaf opening (dimensions are 
described below). The temporary rule is necessary to accommodate 
preservation and painting of the Morrison Bridge.
    This bridge provides a vertical clearance approximately 69 feet, at 
the center, above Columbia River Datum 0.0 when in the closed-to-
navigation position. One half of the bascule bridge will have a 
containment system installed on the non-opening half of the span, which 
will reduce the vertical clearance by 5 feet to 64 feet center and 43 
feet on the sides. A tug will be available for assists to mariners as 
needed when a request is given with a notice of four hours for an 
opening. The horizontal clearance with a full opening is 185 feet, 
therefore, in single leaf

[[Page 10310]]

operations, a temporary rule change will reduce the horizontal 
clearance to approximately 90 feet. Vessels able to transit under the 
Morrison Bridge without an opening may do so at any time. Marine 
vessels are advised to be aware of fall hazards. This section of the 
Willamette River has no alternate routes. During the Portland Rose 
Festival, both leafs of the double bascule span will be fully 
operational. If any mariner submits a full opening request to the 
County prior to construction beginning on April 1, 2022, a full opening 
can be scheduled. All marine emergency vessels can navigate under the 
Morrison Bridge without an opening, and therefore do not need to 
contact the Hawthorne Bridge for an emergency opening.
    The County will open the Morrison Bridge's span in single span 
mode, half of the double bascule span, to marine vessels with a minimum 
of two-hour notice, or a four-hour notice if a tug assist is needed. We 
published that the west span will be operational at the beginning of 
construction and the east span will be closed to navigation. The dates 
to switch operational spans will be determined later and published in 
the Local and Broadcast Notice to Mariners. This temporary rule also 
allows a containment system under the bridge that reduces the non-
opening half of the bridge's vertical clearance by 5 feet from 69 feet 
center to 64 feet, and from 48 feet on the sides to 43 feet.
    This regulatory action determination is based on the ability of the 
Morrison Bridge to open on signal after the Hawthorne Bridge, at 
Willamette River mile 13.1, has received at least a two-hour notice, or 
four-hour notice for tug assist, by telephone at 503-988-3452 or VHF 
channel 13 radio request. The Coast Guard has made this finding based 
on the fact that this temporary rule allows any vessel needing a 
drawbridge opening to transit through the Morrison Bridge after 
providing adequate notice and being provided with tug assistance if 
required.

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.

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. 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).
    This regulatory action determination is based on the ability that 
vessels can still safely transit the bridge given advanced notice. In 
single leaf operations, the horizontal clearance will be approximately 
90 feet. Vessels needing over 90 feet of vertical clearance will be 
able to safely transit using available tugs after giving four hours' 
notice. Vessels able to transit under the Morrison Bridge without an 
opening may do so at any time.

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 received no comments from the Small Business 
Administration on this rule. 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 V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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 
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, Rev.1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series), which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard has determined that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This rule promulgates the operating 
regulations or

[[Page 10311]]

procedures for drawbridges and is categorically excluded from further 
review, under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast 
Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule.

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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  117.897 by:
0
a. Staying paragraph (c)(3)(iv).
0
b. Adding paragraph (c)(3)(vi).
    The addition reads as follows:


Sec.  117.897  Willamette River.

* * * * *
    (c) * * *
    (3) * * *
    (vi) Morrison Bridge, Portland, mile 12.8, will open a single leaf 
of the double leaf bascule bridge, upon the receipt of a telephone 
(503-988-3452) or VHF channel 13 radio signal to the Hawthorne Bridge, 
at Willamette River mile 13.1, given at least a two-hour advance 
notice, or four-hour advance notice if tug assist is required.

    Dated: February 16, 2022.
M.W. Bouboulis,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2022-03812 Filed 2-23-22; 8:45 am]
BILLING CODE 9110-04-P


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