[Federal Register Volume 59, Number 191 (Tuesday, October 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24530]


[[Page Unknown]]

[Federal Register: October 4, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD13-93-031]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Columbia River, OR and WA

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing an amendment to the drawbridge 
regulations governing the operation of the twin Interstate 5 
drawbridges across the Columbia River, mile 106.5, between Portland, 
Oregon and Vancouver, Washington. The original Notice of Proposed 
Rulemaking proposed an extension of the morning and afternoon time 
periods when the draw need not open for the passage of vessels without 
regard to vessel type or river flow condition. This supplemental notice 
of proposed rulemaking proposes an amendment which would provide for 
relatively uninterrupted vehicular flow during peak traffic times while 
being less restrictive to commercial navigation during periods of high 
river flow conditions.

DATES: Comments must be received on or before December 5, 1994.

ADDRESSES: Comments should be mailed to Commander (oan), Thirteenth 
Coast Guard District, 915 Second Avenue, Seattle, Washington 98174-
1067. The comments and other materials referenced in this notice will 
be available for inspection and copying at 915 Second Avenue, Room 
3410, Seattle, Washington. Normal office hours are between 7:45 a.m. 
and 4:15 p.m., Monday through Friday, except holidays. Comments may 
also be hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:
John E. Mikesell, Chief, Bridge Section, Aids to Navigation and 
Waterways Management Branch, (Telephone: (206) 220-7272).

SUPPLEMENTARY INFORMATION:

Request for Comments

    Interested persons are invited to participate in this proposed 
rulemaking by submitting written views, comments, data, or arguments. 
Persons submitting comments should include their names and addresses, 
identify the bridge, and give reasons for concurrence with, or any 
recommended changes in, the proposal. Persons desiring acknowledgment 
that their comments have been received should enclose a stamped, self-
addressed postcard or envelope.
    The Commander, Thirteenth Coast Guard District, will evaluate all 
communications received and determine a course of final action on this 
proposal. The proposed regulations may be changed in light of comments 
received.

Drafting Information

    The principle persons involved in drafting this notice are John E. 
Mikesell, project manager, and Lieutenant Laticia J. Argenti, project 
attorney.

Background and Purpose

    The twin Interstate 5 vertical lift bridges across the Columbia 
River between Portland and Vancouver are required to open on signal, 
except that from 6:30 a.m. to 8 a.m. and 3:30 p.m. to 6 p.m. Monday 
through Friday except Federal holidays the draws need not open. These 
closed periods are necessary to accommodate peak morning and afternoon 
vehicular commute traffic across the bridges. Both bridges also provide 
alternate mid-level fixed spans which provide greater vertical 
clearance than do the drawspans in the closed position. The alternate 
fixed spans are routinely used by tug and barge traffic except at 
higher water surface elevations. Because the number of vehicles 
crossing the interstate bridges has increased dramatically, 
particularly during commute times, any opening in close proximity, 
before or after, results in unacceptable vehicular traffic delays. 
Therefore, Oregon State Department of Transportation (ORDOT) has 
requested an extension of the weekday closed periods. On November 26, 
1993, the Coast Guard published a notice of proposed rulemaking in the 
Federal Register (58 FR 62302). In addition, the Commander, Thirteenth 
Coast Guard District also published the proposal in a Public Notice 
dated December 14, 1993. Both notices advised the public that the Coast 
Guard was considering a proposal to extend the morning and afternoon 
time periods during which the draw need not open for the passage of 
vessels. The morning period would be changed to 5:30 a.m. to 9 a.m. and 
the afternoon period would be changed to 2:30 p.m. to 6 p.m. The Coast 
Guard received five comments in response to its public notice and no 
comments to its Federal Register notice. One commenter, a federal 
resource agency which routinely responds to our public notices did not 
take a position in favor or against the proposed amendment. Two 
commenters representing land transportation interests favored the 
proposal. Two commenters representing commercial navigation interests 
stated opposition to the proposal unless it was modified to provide the 
following: (1) When the vertical clearance under the green center of 
channel lights of the wide fixed span is less than 52 feet (river gauge 
6.0 feet or more), the closed periods remain as existing. (2) When the 
vertical clearance under the green center of channel lights of the wide 
fixed span is greater than 52 feet (river gauge 5.9 feet or less), the 
proposed closed periods would be in effect.

    Note: The referenced wide fixed span is the span between the 
vertical lift span and the designated alternate channel fixed span. 
Following further investigation by the Coast Guard it was determined 
that because vertical clearances of less than 52 feet under the 
center of the wide fixed span occur only during spring run off or 
other infrequent flood conditions, the requested change was 
reasonable for commercial navigation. We have incorporated it in 
this supplemental notice of proposed rulemaking. A public hearing 
was not requested and one was not held.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
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 been exempted from review 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 
action to be so minimal that a full regulatory evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. Because most waterway traffic can be accommodated by the 
alternate fixed span channel and the rule would revert to its previous 
less restrictive form when the vertical clearance under the alternate 
fixed span was less than 52 feet, the Coast Guard expects the economic 
impact of this propsal to be so minimal that a full Regulatory 
Evaluation is innecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et al.), the 
Coast Guard must consider whether this proposal will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and that otherwise qualify as 
``small business concerns'' under section 3 of the Small Business Act 
(15 U.S.C. 632). Because the impacts of this proposal are expected to 
be minimal, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this proposal 
will not have a significant impact on a substantial number of small 
entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This proposal has been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612, and it has been 
determined that the proposed rulemaking does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment.

Environment

    This proposal has been reviewed by the Coast Guard and has been 
determined to be categorically excluded from further environmental 
documentation under the authority of 40 CFR Section 1507.3 and in 
accordance with paragraph 2.B.2.g.(5) of the NEPA Implementing 
Procedures, COMDTINST M16475.1B. A copy of the Categorical Exclusion 
Certification is available for review in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Proposed Regulations

    In consideration of the foregoing, 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).

    2. In section 117.869 paragraph (a) is revised to read as follows:


Sec. 117.869  Columbia River.

    (a) The draws of the Interstate 5 highway bridges, mile 106.5, 
between Portland, OR and Vancouver, WA shall open on signal, except 
that:
    (1) When the river gauge at the bridge indicates 0.0 feet, or more, 
as determined by the drawtender on duty, the draws need not open for 
the passage of commercial vessels from 6:30 a.m. to 8 a.m. and from 
3:30 p.m. to 6 p.m. Monday through Friday except Federal Holidays.
    (2) When the river gauge at the bridge indicates 5.9 feet, or less, 
as determined by the drawtender on day, the draws need not open for the 
passage of commercial vessels from 5:30 a.m. to 9 a.m. and from 2:30 
p.m. to 6 p.m. Monday through Friday except Federal Holidays.
* * * * *
    Dated: September 23, 1994.
John A. Pierson,
Captain, U.S. Coast Guard, Commander, 13th Coast Guard District, 
Acting.
[FR Doc. 94-24530 Filed 10-3-94; 8:45 am]
BILLING CODE 4910-14-M