Rule2022-03812
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
February 24, 2022
Effective
April 1, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is temporarily modifying 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 normal bridge operations from a full span opening to a single leaf, or half span opening.
Full Text
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<title>Federal Register, Volume 87 Issue 37 (Thursday, February 24, 2022)</title>
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[Federal Register Volume 87, Number 37 (Thursday, February 24, 2022)]
[Rules and Regulations]
[Pages 10309-10311]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03812]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily modifying 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 normal bridge operations from a full
span opening to a single leaf, or half span opening.
DATES: This rule is effective from 7 p.m. on April 1, 2022, through 7
p.m. on May 31, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type USCG-
2021-0778 in the ``SEARCH'' box and click ``SEARCH.'' In the Document
Type column, select ``Supporting & Related Material.''.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Steven M. Fischer, Bridge
Administrator, Thirteenth Coast Guard District Bridge Program Office,
telephone 206-220-7282; email <a href="/cdn-cgi/l/email-protection#1571242638667877387124263877677c7172706655606676723b787c79"><span class="__cf_email__" data-cfemail="ddb9eceef0aeb0bff0b9eceef0bfafb4b9bab8ae9da8aebebaf3b0b4b1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
TFR Temporary Final Rule
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
County Multnomah County, Oregon Bridge Owner
II. Background Information and Regulatory History
On November 24, 2021, the Coast Guard published a notice of
proposed rulemaking entitled ``Drawbridge Operation Regulation;
Willamette River, Portland, OR'' in the Federal Register (86 FR 66988).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this temporary rule modification.
During the comment period that ended December 27, 2021, we received no
comments for this final rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
499. The Morrison Bridge across the Willamette River, mile 12.8, at
Portland, OR, is a double bascule draw bridge. The subject bridge
provides a vertical clearance of 69 feet, at center, and 48 feet on the
sides in the closed-to-navigation position. The vertical clearance is
unlimited when the draw is in the open-to-navigation position. All
clearances are based on 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
Morrison Bridge operates in accordance with 33 CFR 117.897(c)(3)(iv).
The county will be painting and preserving the Morrison Bridge
including the double bascule span. The modified rule will change bridge
operations from a full span opening to a single leaf, or half span
opening. The purpose of this rule is to ensure safety of vessels and
the navigable waters below the bridge.
IV. Discussion of Comments, Changes and the Rule
The Coast Guard provided a comment period of 30 days due to the
fact the County had also performed an outreach to the waterway
stakeholders before contacting the Coast Guard for this temporary rule
request. As noted above, we received no comments on our NPRM published
November 24, 2021. There are no changes in the regulatory text of this
rule form the proposed rule in the NPRM.
This rule establishes a temporary change to 33 CFR
117.897(c)(3)(iv) to be in effect from 7 p.m. on April 1, 2022, through
7 p.m. on May 31, 2023. This rule temporarily suspends the current
regulatory cite regarding the Morrison Bridge, and adds a temporary 33
CFR 117.897(c)(3)(vi) which amends the operating schedule of the
Morrison Bridge by requiring a two-hour notice, or four-hour notice
with tug assist, for all drawbridge vessel openings. By operating in
single leaf opening mode the horizontal clearance of the bridge draw
will be reduced by half that of a double leaf opening (dimensions are
described below). 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
[[Page 10310]]
operations, a temporary rule change will reduce 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 on April 1, 2022, 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.
The County will open the Morrison Bridge's span in single span
mode, half of the double bascule span, to marine vessels with a minimum
of two-hour notice, or a four-hour notice if a tug assist is needed. We
published that 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 temporary rule 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.
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
channel 13 radio request. The Coast Guard has made this finding based
on the fact that this temporary rule 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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it 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 safely transit the bridge given advanced notice. In
single leaf operations, the horizontal clearance will be approximately
90 feet. Vessels needing over 90 feet of vertical clearance will be
able to safely transit using available tugs after giving four hours'
notice. Vessels able to transit under the Morrison Bridge without an
opening may do so at any time.
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 received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will 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 V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this 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 rule promulgates the operating
regulations or
[[Page 10311]]
procedures for drawbridges and is categorically excluded from further
review, under paragraph L49, of Chapter 3, Table 3-1 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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
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. Amend Sec. 117.897 by:
0
a. Staying paragraph (c)(3)(iv).
0
b. Adding paragraph (c)(3)(vi).
The addition reads as follows:
Sec. 117.897 Willamette River.
* * * * *
(c) * * *
(3) * * *
(vi) Morrison Bridge, Portland, mile 12.8, will open a single leaf
of the double leaf bascule bridge, upon the receipt of a telephone
(503-988-3452) or VHF channel 13 radio signal to the Hawthorne Bridge,
at Willamette River mile 13.1, given at least a two-hour advance
notice, or four-hour advance notice if tug assist is required.
Dated: February 16, 2022.
M.W. Bouboulis,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2022-03812 Filed 2-23-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on February 24, 2022.
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.