Drawbridge operations: Oregon,
[Federal Register: May 25, 1999 (Volume 64, Number 100)]
[Proposed Rules]
[Page 28125-28126]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25my99-22]
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.
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
-
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.
-
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. 99-12957Filed5-24-99; 8:45 am]
BILLING CODE 4910-15-M
