[Federal Register: February 19, 2004 (Volume 69, Number 33)]
[Rules and Regulations]
[Page 7684-7686]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe04-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD13-04-003]
RIN 1625-AA09
Drawbridge Operation Regulations; Willamette River, OR
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Commander, Thirteenth Coast Guard District, is temporarily
changing the regulation governing the Broadway Bridge, mile 11.7,
Willamette River at Portland, Oregon, so that the bridge need not open
for vessel traffic unless 24 hours notice is provided from February 27
through November 15, 2004. Additionally, the change sets forth periods
within this time frame, during which the bridge may remain closed to
vessel traffic. This temporary rule will accommodate painting and
repair of the bascule span.
DATES: This rule is effective from 7 a.m. on February 27 through 11
p.m. on November 15, 2004.
ADDRESSES: Documents referred to in this rule are available for
inspection or copying at Commander (oan), 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: Austin Pratt, Chief, Bridge Section,
Aids to Navigation and Waterways Management Branch, telephone (206)
220-7282.
SUPPLEMENTARY INFORMATION:
Good Cause for Not Publishing an NPRM
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553 (b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. This rule is being promulgated
without an NPRM due to the short time between the date the request for
this change was submitted to the Coast Guard and the start date of the
scheduled maintenance and repairs. In addition, this temporary schedule
has been coordinated with the waterway users, and should not cause a
great disruption in the bridge's current usage. Currently, The drawspan
averages only 2 to 3 openings a week, usually for grain ships. The
Columbia River Pilots are able to give 24 hours notice of arrivals and
departures, and most other vessels plying this reach of the Willamette
River are able to pass the Broadway Bridge with its drawspan closed.
Good Cause for Making Rule Effective in Less Than 30 days
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The Coast Guard received the
request less than 30 days prior to the scheduled painting and repair
project. Delaying the effective date of this rule would be contrary to
the public interest because the repair and maintenance require the
bridge to be closed. This event has been coordinated with the waterway
users. It is similar to other temporary operations authorized for this
[[Page 7685]]
bridge in the past, which drew no objections from waterway users.
Background and Purpose
The Multnomah County Bridge Section requested a temporary change to
the operation of the Broadway Bridge, mile 11.7, Willamette River at
Portland, Oregon, in order to complete a major rehabilitation project
that includes painting and repairing the steel truss double-leaf
bascule span. The span provides 87 feet vertical clearance above
Portland datum 0.0 in the closed position. A work platform in place,
reduces the normal vertical clearance by three feet.
The drawspan averages only 2 to 3 openings a week, usually for
grain ships. The Columbia River Pilots are able to give 24 hours notice
of arrivals and departures without inconvenience. Most other vessels
plying this reach of the Willamette River are able to pass the Broadway
Bridge with its drawspan closed. Presently, the draw opens on signal
except that it need not open from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.
Monday through Friday. These weekday closed periods do not apply to New
Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day,
and Christmas Day.
Discussion of Rule
This temporary rule changes the operation of the Broadway Bridge
from 7 a.m. on February 27 through 11 p.m. on November 15, 2004. During
that time period, the bridge need not open for vessel traffic unless 24
hours notice is provided. In addition, the bridge need not open during
the following periods in 2004: February 27 through March 2; March 4
through March 6; March 9 through March 11; March 13 through March 17;
March 19 through March 23; March 25 through March 27; March 29 through
April 1; April 3 through April 6; April 8 though April 10; April 12
through April 15; April 17 though April 21; and April 23 through April
26.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
This conclusion is based on the fact that the majority of vessels
plying the river will not be hindered by this change because most of
the commercial and recreational vessels can pass the span without an
opening. Grain ships bound for a facility just above the Broadway
Bridge are able to coordinate movements with the temporary operations
of the bridge.
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
would not have a significant economic impact on a substantial number of
small entities. There are no known small entities affected by this
rule.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), 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. No
assistance was requested.
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).
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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 economically significant and does not concern 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 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 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
[[Page 7686]]
figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation. There are no known effects of this rule
that would warrant further analysis and documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out in the preamble, the Coast Guard amends part
117 of title 33, Code of Federal Regulations, 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. From 7 a.m. on February 27 through 11 p.m. on November 15, 2004, in
Sec. 117.897, paragraphs (a)(1) and (a)(2) are suspended and a new
paragraph (a)(5) is temporarily added to read as follows:
Sec. 117.897 Willamette River.
(a) * * *
(5)(i) 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 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 by
marine radio, telephone, or other means to the drawtender at the
Hawthorne Bridge for vessels bound downstream. During Rose Festival
Week or when the water level 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.
(ii) The Broadway Bridge need not open for the passage of vessels
from 7 a.m. on February 27 to 11 p.m. on November 15, 2004, unless at
least 24 hours notice is provided, except that the draw need not open
during the following periods in 2004, each period beginning at 7 a.m.
of the first day until 11 p.m. of the final day: February 27-March 2;
March 4-March 6; March 9-March 11; March 13-March 17; March 19-March
23; March 25-March 27; March 29-April 1; April 3-April 6; April 8-April
10; April 12-April 15; April 17-April 21; and April 23-April 26.
(iii) Opening signals are as follows:
(A) Broadway Bridge, mile 11.7, two prolonged blasts followed by
one short blast.
(B) Steel Bridge, mile 12.1, one prolonged blast followed by one
short blast.
(C) Burnside Bridge, mile 12.4, one prolonged blast followed by two
short blasts.
(D) Morrison Bridge, mile 12.8, one prolonged blast followed by
three short blasts.
(E) Hawthorne Bridge, mile 13.1, one prolonged blast followed by
four short blasts.
* * * * *
Dated: February 3, 2004.
Jeffrey M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 04-3622 Filed 2-18-04; 8:45 am]
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