[Federal Register: September 12, 2008 (Volume 73, Number 178)]
[Proposed Rules]
[Page 52934-52937]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se08-20]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify 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 would be
required from 8 a.m. to 5 p.m. Monday through Friday and two-hour
notice at all other times. The Broadway Bridge would be 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.
DATES: Comments and related material must reach the Coast Guard on or
before November 12, 2008.
ADDRESSES: You may submit comments identified by the Coast Guard docket
number USCG-2008-0721 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Austin Pratt, Chief, Bridge Section, Waterways Management
Branch, 13th Coast Guard District, telephone 206-220-7282. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 52935]]
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0721), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0721)
in the search box, and click ``Go>>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays or the 13th Coast Guard District Waterways Management Branch
at 915 Second Avenue, Seattle, WA 98174-1067 between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
a public meeting would aid this rulemaking, we will hold one at a time
and place announced by a later notice in the Federal Register.
Background and Purpose
The proposed rule would enable 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 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 part 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 on signal 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. This change would also give 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 proposed rule would also restore normal double-leaf operations
to the Burnside Bridge, mile 12.4, following a lengthy rehabilitation
project.
Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR 117.897 by revising the
current paragraph (a)(1) 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 would be the Hawthorne
Bridge rather than the Broadway and Hawthorne, respectively. The
Burnside Bridge would be required to operate both leaves per the same
schedule.
Regulatory Analyses
We developed this proposed 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 proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. We reached this conclusion 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 proposed 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
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governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule would 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how, and to what
degree this rule would economically affect it.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Austin Pratt, Chief, Bridge
Section, Waterways Management Branch, 13th Coast Guard District, at
(206) 220-7282. 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 proposed 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 proposed 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 proposed rule will not result in such
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed 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 proposed 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 Information and Regulatory Affairs has
not designated this 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under 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 preliminary determination that this action is not likely to
have a significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
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
[[Page 52937]]
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: September 2, 2008.
J.P. Currier,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. E8-21360 Filed 9-11-08; 8:45 am]
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