[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Proposed Rules]
[Pages 28125-28126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12957]
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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: 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]
BILLING CODE 4910-15-M
