Proposed Rule2021-25638
Drawbridge Operation Regulation; Willamette River, Portland, OR
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 24, 2021
Effective
April 1, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to modify the operating schedule that governs the Morrison Bridge across the Willamette River, mile 12.8, at Portland, OR. Multnomah County, Oregon, the bridge owner, is requesting to change the current regulation to allow painting and preservation of the Morrison Bridge including the double bascule span. The modified rule would change from a full span opening to a single leaf, half opening, and operation. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 86 Issue 224 (Wednesday, November 24, 2021)</title>
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[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Proposed Rules]
[Pages 66988-66990]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25638]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2021-0778]
RIN 1625-AA09
Drawbridge Operation Regulation; Willamette River, Portland, OR
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Morrison Bridge across the Willamette River, mile 12.8, at
Portland, OR. Multnomah County, Oregon, the bridge owner, is requesting
to change the current regulation to allow painting and preservation of
the Morrison Bridge including the double bascule span. The modified
rule would change from a full span opening to a single leaf, half
opening, and operation. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before December 27, 2021. The Coast Guard anticipates that this
proposed rule will be effective from 7 p.m. on April 1, 2022, through 7
p.m. on May 31, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0778 using Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Steven Fischer, Thirteenth District Bridge
Administrator, U.S. Coast Guard; telephone 206-220-7282, email <a href="/cdn-cgi/l/email-protection#6b0f5a5846180609460f5a58460919020f0c0e182b1e18080c45060207"><span class="__cf_email__" data-cfemail="274316140a544a450a4316140a45554e434042546752544440094a4e4b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
County Multnomah County
II. Background, Purpose and Legal Basis
Multnomah County, Oregon, owns and operates the Morrison Bridge
across the Willamette River at mile 12.8. The County is requesting a
temporary change to the existing operating regulation. The County is
proposing to open the Morrison Bridge's span in single leaf mode, half
of the double bascule span, to marine vessels with a minimum of two-
hour notice, or four-hour notice if a tug assist is needed. The County
needs to maintain half of the draw closed to allow for preservation and
paint efforts. The proposed regulation change would allow the Morrison
Bridge to alternate operation of the east or west leaf span from April
1, 2022, through May 31, 2023. The west span will be operational at the
beginning of construction and the east span will be closed to
navigation. The dates to switch operational spans will be determined
later and published in the Local and Broadcast Notice to Mariners. This
proposal also allows a containment system under the bridge that reduces
the non-opening half of the bridge's vertical clearance by 5 feet from
69 feet center to 64 feet, and from 48 feet on the sides to 43 feet
above the Columbia River Datum 0.0. Marine traffic on this section of
the Willamette River consists of vessels ranging from small pleasure
craft up to large commercial vessels and barges. The subject bridge
currently operates in accordance with 33 CFR 117.897(c)(3)(iv).
III. Discussion of Proposed Rule
The Coast Guard proposes a temporary change to 33 CFR
117.897(c)(3)(iv) to be in effect from 7 p.m. on 1 April, 2022, through
7 p.m. on 31 May, 2023. This temporary rule will suspend the current
regulatory cite regarding the Morrison Bridge, and add a temporary 33
CFR 117.897(c)(3)(vi) which will amend the operating schedule of the
Morrison Bridge by requiring a two-hour notice, or four-hour notice
with tug assist, for all draw openings, and alternate the operation of
the double bascule spans to single span which will reduce the
horizontal clearances of the bridge. The temporary rule is necessary to
accommodate preservation and painting of the Morrison Bridge. This
bridge provides a vertical clearance approximately 69 feet, at the
center, above Columbia River Datum 0.0 when in the closed-to-navigation
position. One half of the bascule bridge will have a containment system
installed on the non-opening half of the span, which will reduce the
vertical clearance by 5 feet to 64 feet center and 43 feet on the
sides. A tug will be available for assists to mariners as needed when a
request is given with a notice of four hours for an opening. The
horizontal clearance with a full opening is 185 feet, therefore, in
single leaf operations, a temporary rule change will reduced the
horizontal clearance to approximately 90 feet. Vessels able to transit
under the Morrison Bridge without an opening may do so at any time.
Marine vessels are advised to be aware of fall hazards. This section of
the Willamette River has no alternate routes. During the Portland Rose
Festival, both leafs of the double bascule span will be fully
operational. If any mariner submits a full opening request to the
County prior to construction beginning, a full opening can be
scheduled. All marine emergency vessels can navigate under the Morrison
Bridge without an opening, and therefore do not need to contact the
Hawthorne Bridge for an emergency opening.
This regulatory action determination is based on the ability of the
Morrison Bridge to open on signal after the Hawthorne Bridge, at
Willamette River mile 13.1, has received at least a two-hour notice, or
four-hour notice for tug assist, by telephone at 503-988-3452 or VHF
radio request. The Coast Guard has made this finding based on the fact
that the proposed change allows any vessel needing a drawbridge opening
to transit through the Morrison Bridge after providing adequate notice
and being provided with tug assistance if required.
[[Page 66989]]
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge given advance notice.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 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.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
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.
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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. 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.).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2021-0778 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the
[[Page 66990]]
previous paragraph, and then select ``Supporting & Related Material''
in the Document Type column. Public comments will also be placed in our
online docket and can be viewed by following instructions on the
<a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page. We
review all comments received, but we will only post comments that
address the topic of the proposed rule. We may choose not to post off-
topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
in response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
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
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
0
2. In Sec. 117.897, stay paragraph (c)(3)(iv) and add paragraph
(c)(3)(vi) to read as follows.
Sec. 117.897 Willamette River.
* * * * *
(c) * * *
(3) * * *
(vi) Morrison Bridge, Portland, mile 12.8, will operate a single
leaf opening, on signal after the Hawthorne Bridge, at Willamette River
mile 13.1, has received, at least a two-hour advance notice, or four-
hour advance notice for tug assist, to open by telephone at 503-988-
3452 or VHF radio.
Dated: November 18, 2021.
M.W. Bouboulis,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2021-25638 Filed 11-23-21; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.