Drawbridge Operation Regulation; Willamette River, Portland, OR, Schedule Change, 52934-52937 [E8-21360]

Download as PDF 52934 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Proposed Rules Issued in Burlington, Massachusetts, on September 5, 2008. Peter A. White, Assistant Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E8–21282 Filed 9–11–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 Proposed Modification of the Asheville, NC, Class C Airspace Area; Public Meeting Federal Aviation Administration (FAA), DOT. ACTION: Notice of meeting. AGENCY: SUMMARY: This notice announces a factfinding informal airspace meeting to solicit information from airspace users and others concerning a plan to modify the Class C airspace area at Asheville, NC. The modification would ensure that arriving aircraft are contained within Class C airspace while flying instrument approaches to runways 16 and 34 at the Asheville Regional Airport. The purpose of the meeting is to provide interested parties an opportunity to present views, recommendations, and comments to be considered by the FAA in developing a proposal. All comments received during the meeting will be considered prior to issuance of a notice of proposed rulemaking. The informal airspace meeting will be held on Tuesday, October 14, 2008, beginning at 6:30 p.m. Comments must be received on or before November 14, 2008. ADDRESSES: The meeting will be held at the O.D. Lacey Griffin Building, 21 Aviation Way, Fletcher, NC 28732. Comments: Send comments on the proposal to Mark Ward, Manager, Operations Support Group, Air Traffic Organization Eastern Service Area, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320. FOR FURTHER INFORMATION CONTACT: Grey Pelkey, Manager, Asheville Airport Traffic Control Tower, Asheville Airport, 61 Terminal Drive Suite 2, Fletcher, NC 28732; Telephone (828) 684–0421. SUPPLEMENTARY INFORMATION: ebenthall on PROD1PC60 with PROPOSALS DATES: (b) The meeting will be informal in nature and will be conducted by one or more representatives of the FAA Eastern Service Area. A representative from the FAA will present an informal briefing on the planned modification to the Class C airspace at Asheville, NC. Each participant will be given an opportunity to deliver comments or make a presentation, although a time limit may be imposed. Only comments concerning the plan to modify the Class C airspace area at Asheville, NC, will be accepted. (c) Each person wishing to make a presentation to the FAA panel will be asked to sign in and estimate the amount of time needed for such presentation. This will permit the panel to allocate an appropriate amount of time for each presenter. The meeting will not be adjourned until everyone on the list has had an opportunity to address the panel. (d) Position papers or other handout material relating to the substance of these meetings will be accepted. Participants wishing to submit handout material should present an original and two copies (3 copies total) to the presiding officer. There should be additional copies of each handout available for other attendees. (e) The meeting will not be formally recorded. However, a summary of comments made at the meeting will be filed in the docket. Agenda for the Meeting —Sign-in. —Presentation of Meeting Procedures. —FAA explanation of the proposed Class C modifications. —Public Presentations and Discussions. —Closing Comments. Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. Issued in Washington DC, on September 2, 2008. Edith V. Parish, Manager, Airspace and Rules Group. [FR Doc. E8–21216 Filed 9–11–08; 8:45 am] BILLING CODE 4910–13–P Meeting Procedures (a) The meeting will be open to all persons on a space-available basis. There will be no admission fee or other charge to attend and participate. VerDate Aug<31>2005 14:20 Sep 11, 2008 Jkt 214001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2008–0721] RIN 1625 AA09 Drawbridge Operation Regulation; Willamette River, Portland, OR, Schedule Change Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to modify the drawbridge operation regulation for the Broadway and Burnside Bridges across the Willamette River, mile 11.7, in Portland, Oregon so that one-hour notice would be required from 8 a.m. to 5 p.m. Monday through Friday and two-hour notice at all other times. The Broadway Bridge would be deleted as a point of contact for upstream vessels, leaving the Hawthorne Bridge as the point of contact for both upstream and downstream travel directions. DATES: Comments and related material must reach the Coast Guard on or before November 12, 2008. ADDRESSES: You may submit comments identified by the Coast Guard docket number USCG–2008–0721 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods: (1) Online: http:// www.regulations.gov. (2) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (3) Hand delivery: Room W12–140 on the Ground Floor of the West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. (4) Fax: 202–493–2251. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call Austin Pratt, Chief, Bridge Section, Waterways Management Branch, 13th Coast Guard District, telephone 206–220–7282. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: E:\FR\FM\12SEP1.SGM 12SEP1 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Proposed Rules Privacy Act Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to http:// www.regulations.gov and will include any personal information you have provided. We have an agreement with the Department of Transportation (DOT) to use the Docket Management Facility. Please see DOT’s ‘‘Privacy Act’’ paragraph below. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2008–0721), indicate the specific section of this document to which each comment applies, and give the reason for each comment. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. You may submit your comments and material by electronic means, mail, fax, or delivery to the Docket Management Facility at the address under ADDRESSES; but please submit your comments and material by only one means. If you submit them by mail or delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this proposed rule in view of them. ebenthall on PROD1PC60 with PROPOSALS Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov at any time. Enter the docket number for this rulemaking (USCG–2008–0721) in the search box, and click ‘‘Go>>.’’ You may also visit either the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays or the 13th Coast Guard District Waterways Management Branch at 915 Second Avenue, Seattle, WA 98174–1067 between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. VerDate Aug<31>2005 14:20 Sep 11, 2008 Jkt 214001 Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the Department of Transportation’s Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit http:// DocketsInfo.dot.gov. Public Meeting We do not now plan to hold a public meeting, but you may submit a request for one to the Docket Management Facility at the address under ADDRESSES explaining why one would be beneficial. If we determine that a public meeting would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. Background and Purpose The proposed rule would enable Multnomah County, the owner of the Broadway Bridge, to operate the draw if at least one hour of notice is provided from 8 a.m. to 5 p.m. Monday through Friday and two hours of notice at all other times. From July 1, 2005, through June 30, 2007, the draw opened 165 times for vessels. This bridge opens on average slightly less than 7 times a month for river traffic. Most vessels that require the Broadway bascule span to open are grain ships, which are piloted by Columbia River Pilots. These ships have typically been able to give several hours notice of arrival as they must navigate over 100 miles of the Columbia River to reach Portland from the Pacific Ocean. The operating regulations currently in effect for the Broadway Bridge are found at 33 CFR part 117. The drawspan currently operates under the general requirements of 33 CFR 117.897(a)(1) such that it must open on signal for the passage of vessels on signal except that Monday through Friday it need not open from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. These closed periods are not effective for federal holidays, except Columbus Day. The Broadway Bridge is the point of contact for upstream or inbound vessels for openings of drawbridges that require advance notice. This change would also give this function to the Hawthorne Bridge, which is the point of contact for vessels traveling downstream. The bridge provides a minimum of 90 feet of vertical clearance in the closed position above low water (elevation 0.0 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 52935 feet Portland City Datum). It is considerably higher than other bascule bridges on the Willamette in downtown Portland, which partly explains its low frequency of opening. The horizontal clearance is 250 feet. In the fully open position the bridge allows unlimited vertical clearance over the channel. The bridge is located on a major arterial in Portland carrying both local and commuter traffic. The proposed rule would also restore normal double-leaf operations to the Burnside Bridge, mile 12.4, following a lengthy rehabilitation project. Discussion of Proposed Rule The Coast Guard proposes to amend 33 CFR 117.897 by revising the current paragraph (a)(1) to add the Broadway Bridge to the bridges for which there is the notice requirement for openings. The point of contact for both upstream and downstream traffic would be the Hawthorne Bridge rather than the Broadway and Hawthorne, respectively. The Burnside Bridge would be required to operate both leaves per the same schedule. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. Regulatory Planning and Review This proposed rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. We reached this conclusion based on the fact that most vessel operators can plan their passage in accordance with the closed periods to minimize any impact on their activities. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. 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 E:\FR\FM\12SEP1.SGM 12SEP1 52936 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Proposed Rules 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. This proposed rule would predominantly affect grain ships traveling to and from the dock at C.L.D. Pacific Grain immediately upstream of the bridge on the east bank. The pilots of these vessels should be able to provide this notice with no undue burden. The single point of contact for advance notice simplifies the regulation for users. 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. Assistance for Small Entities 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 so that they can better evaluate its effects on them and participate in the rulemaking. 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 Austin Pratt, Chief, Bridge Section, Waterways Management Branch, 13th Coast Guard District, at (206) 220–7282. 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. ebenthall on PROD1PC60 with PROPOSALS 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). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism. 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 VerDate Aug<31>2005 14:20 Sep 11, 2008 Jkt 214001 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 or more in any one year. Though this proposed rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments 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. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of Information and Regulatory Affairs has not designated this as a significant energy action. Therefore, it does not PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a preliminary determination that this action is not likely to have a significant effect on the human environment because it simply promulgates the operating regulations or procedures for drawbridges. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. 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 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. 2. Amend § 117.897 by revising paragraphs (c) introductory text, (c)(3)(i) and (c)(3)(iii) to read as follows: § 117.897 Willamette River. * * * * * (c) The draws of the bridges listed in paragraph (c)(3) of this section shall open on signal if appropriate advance notice is given to the drawtender of the E:\FR\FM\12SEP1.SGM 12SEP1 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Proposed Rules Hawthorne Bridge subject to the following requirements and exceptions: * * * * * (3)(i) Broadway Bridge, mile 11.7, from 8 a.m. to 5 p.m. Monday through Friday, one hour’s notice shall be given for draw openings. At all other times, notice of at least two hours in advance is required. * * * * * (iii) Burnside Bridge, mile 12.4, from 8 a.m. to 5 p.m. Monday through Friday, one hour’s notice shall be given for draw openings. At all other times, two hours notice is required. * * * * * Dated: September 2, 2008. J.P. Currier, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. [FR Doc. E8–21360 Filed 9–11–08; 8:45 am] BILLING CODE 4910–15–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 08–2028; MB Docket No. 08–176; RM– 11483] Television Broadcasting Services; Atlantic City, NJ Federal Communications Commission. ACTION: Proposed rule. AGENCY: SUMMARY: The Commission requests comments on a channel substitution proposed by ZGS Philadelphia, Inc. (‘‘ZGS’’), the licensee of WWSI–DT, DTV channel 49, Atlantic City, New Jersey. ZGS requests the substitution of DTV channel 10 for channel 49 at Atlantic City. DATES: Comments must be filed on or before October 14, 2008, and reply comments on or before October 27, 2008. Federal Communications Commission, Office of the Secretary, 445 12th Street, SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for petitioner as follows: Brenda Holland, Esq., Davis Wrights Tremaine LLP, 1919 Pennsylvania Avenue, Suite 200, Washington, DC 20006. ebenthall on PROD1PC60 with PROPOSALS ADDRESSES: FOR FURTHER INFORMATION CONTACT: Joyce L. Bernstein, joyce.bernstein@fcc.gov, Media Bureau, (202) 418–1600. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Notice of VerDate Aug<31>2005 14:20 Sep 11, 2008 Jkt 214001 Proposed Rule Making, MB Docket No. 08–176, adopted August 28, 2008, and released September 2, 2008. The full text of this document is available for public inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY–A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (http:// www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1– 800–478–3160 or via e-mail http:// www.BCPIWEB.com. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the Commission’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts. For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420. List of Subjects in 47 CFR Part 73 Television, Television broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 § 73.622(i) 52937 [Amended] 2. Section 73.622(i), the DTV Table of Allotments under New Jersey, is amended by adding channel 10 and removing channel 49 at Atlantic City. Federal Communications Commission. Clay C. Pendarvis, Associate Chief, Video Division, Media Bureau. [FR Doc. E8–21206 Filed 9–11–08; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 08–2027; MB Docket No. 08–175; RM– 11484] Television Broadcasting Services; Bryan, TX Federal Communications Commission. ACTION: Proposed rule. AGENCY: SUMMARY: The Commission requests comments on a channel substitution proposed by Comcorp License Corp. (‘‘Comcorp’’), the licensee of KYLE–DT, DTV channel 28, Bryan, Texas. Comcorp requests the substitution of DTV channel 29 for channel 28 at Bryan. DATES: Comments must be filed on or before October 14, 2008, and reply comments on or before October 27, 2008. ADDRESSES: Federal Communications Commission, Office of the Secretary, 445 12th Street, SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve counsel for petitioner as follows: Scott S. Patrick, Esq., Dow Lohnes PLLC, 1200 New Hampshire Avenue, NW., Suite 800, Washington, DC 20036– 6802. FOR FURTHER INFORMATION CONTACT: David Brown, david.brown@fcc.gov, Media Bureau, (202) 418–1600. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Notice of Proposed Rule Making, MB Docket No. 08–175, adopted August 26, 2008, and released September 2, 2008. The full text of this document is available for public inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY–A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (http:// www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document may be purchased from the Commission’s duplicating contractor, E:\FR\FM\12SEP1.SGM 12SEP1

Agencies

[Federal Register Volume 73, Number 178 (Friday, September 12, 2008)]
[Proposed Rules]
[Pages 52934-52937]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21360]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-0721]
RIN 1625 AA09


Drawbridge Operation Regulation; Willamette River, Portland, OR, 
Schedule Change

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to modify the drawbridge operation 
regulation for the Broadway and Burnside Bridges across the Willamette 
River, mile 11.7, in Portland, Oregon so that one-hour notice would be 
required from 8 a.m. to 5 p.m. Monday through Friday and two-hour 
notice at all other times. The Broadway Bridge would be deleted as a 
point of contact for upstream vessels, leaving the Hawthorne Bridge as 
the point of contact for both upstream and downstream travel 
directions.

DATES: Comments and related material must reach the Coast Guard on or 
before November 12, 2008.

ADDRESSES: You may submit comments identified by the Coast Guard docket 
number USCG-2008-0721 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Austin Pratt, Chief, Bridge Section, Waterways Management 
Branch, 13th Coast Guard District, telephone 206-220-7282. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

[[Page 52935]]

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided. We have an agreement with the 
Department of Transportation (DOT) to use the Docket Management 
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-0721), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
comment. We recommend that you include your name and a mailing address, 
an e-mail address, or a phone number in the body of your document so 
that we can contact you if we have questions regarding your submission. 
You may submit your comments and material by electronic means, mail, 
fax, or delivery to the Docket Management Facility at the address under 
ADDRESSES; but please submit your comments and material by only one 
means. If you submit them by mail or delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period. We may change this 
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time. Enter the docket number for this rulemaking (USCG-2008-0721) 
in the search box, and click ``Go>>.'' You may also visit either the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays or the 13th Coast Guard District Waterways Management Branch 
at 915 Second Avenue, Seattle, WA 98174-1067 between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review the Department of 
Transportation's Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for one to the Docket Management Facility at the address under 
ADDRESSES explaining why one would be beneficial. If we determine that 
a public meeting would aid this rulemaking, we will hold one at a time 
and place announced by a later notice in the Federal Register.

Background and Purpose

    The proposed rule would enable Multnomah County, the owner of the 
Broadway Bridge, to operate the draw if at least one hour of notice is 
provided from 8 a.m. to 5 p.m. Monday through Friday and two hours of 
notice at all other times. From July 1, 2005, through June 30, 2007, 
the draw opened 165 times for vessels. This bridge opens on average 
slightly less than 7 times a month for river traffic. Most vessels that 
require the Broadway bascule span to open are grain ships, which are 
piloted by Columbia River Pilots. These ships have typically been able 
to give several hours notice of arrival as they must navigate over 100 
miles of the Columbia River to reach Portland from the Pacific Ocean.
    The operating regulations currently in effect for the Broadway 
Bridge are found at 33 CFR part 117. The drawspan currently operates 
under the general requirements of 33 CFR 117.897(a)(1) such that it 
must open on signal for the passage of vessels on signal except that 
Monday through Friday it need not open from 7 a.m. to 9 a.m. and from 4 
p.m. to 6 p.m. These closed periods are not effective for federal 
holidays, except Columbus Day. The Broadway Bridge is the point of 
contact for upstream or inbound vessels for openings of drawbridges 
that require advance notice. This change would also give this function 
to the Hawthorne Bridge, which is the point of contact for vessels 
traveling downstream.
    The bridge provides a minimum of 90 feet of vertical clearance in 
the closed position above low water (elevation 0.0 feet Portland City 
Datum). It is considerably higher than other bascule bridges on the 
Willamette in downtown Portland, which partly explains its low 
frequency of opening. The horizontal clearance is 250 feet. In the 
fully open position the bridge allows unlimited vertical clearance over 
the channel.
    The bridge is located on a major arterial in Portland carrying both 
local and commuter traffic.
    The proposed rule would also restore normal double-leaf operations 
to the Burnside Bridge, mile 12.4, following a lengthy rehabilitation 
project.

Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.897 by revising the 
current paragraph (a)(1) to add the Broadway Bridge to the bridges for 
which there is the notice requirement for openings. The point of 
contact for both upstream and downstream traffic would be the Hawthorne 
Bridge rather than the Broadway and Hawthorne, respectively. The 
Burnside Bridge would be required to operate both leaves per the same 
schedule.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. We reached this conclusion based 
on the fact that most vessel operators can plan their passage in 
accordance with the closed periods to minimize any impact on their 
activities.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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

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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. This proposed rule would predominantly affect 
grain ships traveling to and from the dock at C.L.D. Pacific Grain 
immediately upstream of the bridge on the east bank. The pilots of 
these vessels should be able to provide this notice with no undue 
burden. The single point of contact for advance notice simplifies the 
regulation for users.
    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.

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Austin Pratt, Chief, Bridge 
Section, Waterways Management Branch, 13th Coast Guard District, at 
(206) 220-7282. 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.

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).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 or more in any 
one year. Though this proposed rule will not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of Information and Regulatory Affairs has 
not designated this as a significant energy action. Therefore, it does 
not require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is not likely to 
have a significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

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

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.
    2. Amend Sec.  117.897 by revising paragraphs (c) introductory 
text, (c)(3)(i) and (c)(3)(iii) to read as follows:


Sec.  117.897  Willamette River.

* * * * *
    (c) The draws of the bridges listed in paragraph (c)(3) of this 
section shall open on signal if appropriate advance notice is given to 
the drawtender of the

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Hawthorne Bridge subject to the following requirements and exceptions:
* * * * *
    (3)(i) Broadway Bridge, mile 11.7, from 8 a.m. to 5 p.m. Monday 
through Friday, one hour's notice shall be given for draw openings. At 
all other times, notice of at least two hours in advance is required.
* * * * *
    (iii) Burnside Bridge, mile 12.4, from 8 a.m. to 5 p.m. Monday 
through Friday, one hour's notice shall be given for draw openings. At 
all other times, two hours notice is required.
* * * * *

    Dated: September 2, 2008.
J.P. Currier,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. E8-21360 Filed 9-11-08; 8:45 am]
BILLING CODE 4910-15-P