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Drawbridge Operations Regulations; Willamette River, OR
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 18, 2000 (Volume 65, Number 11)]
[Rules and Regulations]
[Page 2539-2541]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja00-8]
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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]
BILLING CODE 4910-15-U