[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
[Rules and Regulations]
[Pages 32267-32268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15229]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD13-93-031]
RIN 2115-AE47


Drawbridge Operation Regulation; Columbia River, OR and WA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the Oregon State Department of 
Transportation (ODOT), the Coast Guard is amending the regulations 
governing the operation of the twin Interstate 5 drawbridges across the 
Columbia River, mile 106.5, between Portland, Oregon, and Vancouver, 
Washington. This rule extends the length of the morning and afternoon 
time periods during which the draws need not open for the passage of 
vessels and provides for reasonably unobstructed passage of commercial 
vessels during periods of high water. This rule will relieve vehicular 
traffic congestion caused by bridge openings immediately before and 
after the existing morning and evening closed periods while continuing 
to provide for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective on July 21, 1995.

ADDRESSES: Unless otherwise noted, documents referred to in this 
preamble are available for inspection and copying at Commander (oan), 
Thirteenth Coast Guard District, 915 Second Avenue, Seattle, 
Washington, Normal office hours are 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:

Drafting Information

    The principle persons involved in drafting this document are John 
E. Mikesell, Project Manager, and Lieutenant Commander John C. Odell, 
Project Counsel.

Regulatory History

    On November 26, 1993, the Coast Guard published a notice of 
proposed rulemaking entitled Drawbridge Operation Regulation; Columbia 
River, OR and WA, in the Federal Register (58 FR 62302). Comments 
received from affected commercial navigation interests resulted in the 
proposed rule being redrafted to address their concerns.
    On October 4, 1994, the Coast Guard published a supplemental notice 
of proposed rulemaking entitled Drawbridge Operation Regulation; 
Columbia River, OR and WA, in the Federal Register (59 FR 50531). The 
Coast Guard received no comments on the supplemental notice of proposed 
rulemaking. However, subsequent to its publication, the Coast Guard 
recognized the need for clarification concerning the rule's 
applicability to commercial and recreational vessels. This resulted in 
the rule being redrafted to provide necessary clarification.
    On March 14, 1995, the Coast Guard published a second supplemental 
notice of proposed rulemaking entitled Drawbridge Operation Regulation; 
Columbia River, OR and WA, in the Federal Register (60 FR 13653). The 
Coast Guard received no objections to this second supplemental notice 
of proposed rulemaking. No public hearing was requested and none was 
held.

Background and Purpose

    This rule amends the drawbridge operation regulations for the twin 
Interstate 5 drawbridges across the Columbia River, mile 106.5, between 
Portland, Oregon, and Vancouver, Washington. The rule extends the 
morning and afternoon time periods during which the draws of bridges 
need not open for the passage of vessels while deliniating clear 
exceptions based on river flow conditions and the type of vessel 
traffic involved.
    Under the existing regulations, the twin Interstate 5 vertical lift 
bridges across the Columbia River between Porland, Oregon and 
Vancouver, Washington, are currently required to open on signal, except 
that from 6:30 a.m. to 8 a.m. and from 3 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 have 
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 bridge has increased dramatically, particularly during 
commute times, any opening in close proximity, before or after, results 
in unacceptable vehicular traffic delays.
    Under the amended regulations, when the river gauge at the bridge 
indicates 6.0 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, and for all other vessels the draws need not 
open 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. When the river gauge at the 
bridge indicates 5.9 feet, or less, as determined by the drawtender on 
duty, the draws need not open for the passage of any 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. This change will better accommodate the 
increased level of vehicular traffic and still provide for the 
reasonable needs of commercial navigation during periods of high water.

Discussion of Comments and Changes

    The Coast Guard received two letters in response to the second 
supplemental notice of proposed rulemaking published on March 14, 1995 
(60 FR 13653). One letter, from a federal resource agency who routinely 
responds to Coast Guard public notices, offered no comments in 
objection to the proposal. The other letter, from a regional planning 
organization, offered comments in support of the proposal.

Regulatory Evaluation

    This rule 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).
    Most waterway traffic under the bridge can be accommodated by the 
alternate fixed span channel. Also, with respect to commercial vessels 
the rule [[Page 32268]] would revert to its previous less restrictive 
form when the vertical clearance under the alternate fixed span is less 
than 52 feet. For these reasons, the Coast Guard expects the economic 
impact of this action will be so minimal that a full regulatory 
evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary.

Small Entities

    The Coast Guard finds that the impact on small entities, if any, is 
not substantial. Therefore, the Coast Guard certifies under 5 U.S.C. 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
this rule will not have a significant impact on a substantial number of 
small entities.

Collection of Information

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

Federalism

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

Environment

    This rule 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 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.

Final Regulations

    For the reasons set out in the preamble, the Coast Guard amends 
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); 
Sec. 117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

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


Sec. 117.869  Columbia River.

    (a) The draws of the Interstate 5 highway bridge, mile 106.5 
between Portland, OR, and Vancouver, WA, shall open on signal, except 
that:
    (1) When the river gauge at the bridge indicates 6.0 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, and 
for all other vessels the draws need not open 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.
    (2) When the river gauge at the bridge indicates 5.9 feet, or less, 
as determined by the drawtender on duty, the draws need not open for 
the passage of any 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: June 2, 1995.
John A. Pierson,
Captain, Coast Guard, Commander, 13th Coast Guard District, Acting.
[FR Doc. 95-15229 Filed 6-20-95; 8:45 am]
BILLING CODE 4910-14-M