Drawbridge Operations Regulations; Willamette River, OR

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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend the operating regulations

for all the Multnomah County drawbridges and the Union Pacific

drawbridge across the Willamette River at Portland, Oregon. The

proposed amendment would extend by one half-hour each the morning and

afternoon periods, Monday through Friday (except Federal or State

holidays), that the draws need not open for the passage of vessels.

These weekday draw-closure periods serve to relieve congestion at peak

times for street traffic.

DATES: Comments must reach the Coast Guard on or before July 26, 1999.

ADDRESSES: You may mail comments to Commander (oan), Thirteenth Coast

Guard District, 915 Second Avenue, Seattle, Washington, 98174-1067, or

deliver them to room 3510 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:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should identify this rulemaking (CGD 13-99-

008) and the specific section of this document to which each comment

applies, and give the reason for each comment. Please submit all

comments and attachments in an unbound format, no larger than 8\1/2\ by

11 inches, suitable for copying and electronic filing. Persons wanting

acknowledgement of receipt of comments should enclose stamped, self-

addressed envelopes or postcards. The Coast Guard will consider all

comments received during the comment period. It may change the proposed

rule in view of the comments.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to the Coast Guard include the reasons why a

hearing would beneficial. If it determines that the opportunity for

oral presentations will aid this rulemaking, the Coast Guard will hold

a public hearing at a time and place announced by a later notice in the

Federal Register.

Background and Purpose

The purpose of the proposed change to Sec. 117.897 is to make the

periods in which the draws need not open for the passage of vessels

congruent with the periods of peak commuter street-traffic in Portland.

The current closed periods are from 7 a.m. to 8:30 a.m. and 4 p.m. to

5:30 p.m., Monday through Friday, except for holidays. Traffic on

highways and streets has increased in recent years in Portland. With

the periods lengthened by a half-hour each, the closures coincide

better with the actual periods of peak road travel. The lengthening of

the periods by this modest amount should not unreasonably impede

navigation. The Coast Guard has no record of complaints against the

closed periods now in effect.

The bridges subject to this proposed change are the Broadway Bridge

at mile

[[Page 28126]]

11.7, the Steel Bridge at mile 12.1, the Burnside Bridge at mile 12.4,

the Morrison Bridge at mile 12.8, and the Hawthorne Bridge at mile

13.1. Multnomah County owns all of these bridges, except Steel Bridge,

which the Union Pacific Railroad owns. The upper deck of this double-

decked vertical-lift bridge is a roadway operated by the Oregon

Department of Transportation.

Discussion of Proposed Rule

By lengthening the periods by one half-hour when the draw spans

need not open for the passage of vessels, Monday through Friday, we

should reduce traffic congestion. The revised closed periods will

coincide more accurately with periods of peak commuter travel on

arterial streets of Portland.

Regulatory Evaluation

This proposed 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. It

has not been reviewed by the Office of Management and Budget 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 proposed rule would improve commuter traffic flow without

unreasonably hindering navigation.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard considers whether this proposed rule, if adopted, will 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. Therefore, for the reasons discussed in

the Regulatory Evaluation section above, the Coast Guard certifies

under 5 U.S.C. 605(b) of the Regulatory Flexibility Act that this rule,

if adopted, will not have a significant impact on a substantial number

of small entities. If, however, you think that your business or

organization qualifies as a small entity and that this rule will have a

significant impact on your business or organizations, please submit a

comment (see ADDRESSES) explaining why you think it qualifies and in

what way and to what degree this rule will economically affect it.

Collection of Information

This proposed rule does not provide for a collection of information

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposed rule in accordance with

the principles and criteria contained in Executive Order 12612, and has

determined that this rule does not have sufficient federalism

implications for federalism to warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposed rule and concluded that, under 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 does not have a significant effect on

the environment. No written ``Categorical Exclusion Determination'' is

required for this proposed rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the preamble, the Coast Guard proposes

to amend part 117 of title 33, Code of Federal Regulations, 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, or Christmas Day or other holidays

observed locally under State law. At least one hour's notice shall be

given for openings of the Burnside Bridge and the Morrison Bridge,

Monday through Friday, from 8 a.m. to 4:30 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: May 6, 1999.

Paul M. Blayney,

Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.

[FR Doc. 99-12957 Filed 5-24-99; 8:45 am]

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