[Federal Register Volume 60, Number 250 (Friday, December 29, 1995)]
[Proposed Rules]
[Pages 67346-67348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31521]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD13-95-050]


Drawbridge Operation Regulations; South Slough, OR

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the Oregon Department of Transportation 
(ODOT), the Coast Guard is considering an amendment to the regulations 
governing the operation of the South Slough Bridge at Charleston, 
Oregon. The proposed change would require one hour notice at all times 
when requesting openings of the drawspan of the bridge for the passage 
of vessels.

DATES: Comments must be received on or before February 27, 1996.


[[Page 67347]]

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 federal holidays. Comments 
may also be hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:
John E. Mikesell, Chief, Plans and Programs Section, Aids to Navigation 
and Waterways Management Branch, (Telephone: (206) 220-7270).

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD13-95-050) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. Please submit two copies of all comments and attachments 
in unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Commander, Thirteenth Coast Guard 
District at the address under ADDRESSES. The request should include the 
reasons why a hearing would be beneficial. If it determines that the 
opportunity for oral presentations will aid this rulemaking, the Coast 
Guard will hold a public hearing at a time and place announced by a 
later notice in the Federal Register.

Drafting Information

    The drafters of this notice are Austin Pratt, Project Officer, 
Thirteenth Coast Guard District Aids to Navigation and Waterways 
Management Branch, and Lieutenant Commander John C. Odell, Project 
Attorney, Thirteenth Coast Guard District Legal Office.

Background and Purpose

    At the request of the Oregon Department of Transportation (ODOT), 
the Coast Guard is considering an amendment to the regulations 
governing the operation of the South Slough Bridge at Charleston, 
Oregon. The proposed change would require one hour notice at all times 
when requesting openings of the drawspan of the bridge for the passage 
of vessels. Current regulations require the drawspan to open on signal, 
except that the drawspan need only open on the hour and half hour from 
7 a.m. to 7 p.m. from June 1 through September 30. The current 
regulations provide an exception to the summertime on-the-hour-and-
half-hour provisions for vessels in distress, commercial tugs and/or 
tows, and public vessels of the United States.
    In recent years the total number of annual openings has decreased 
continuously from 2014 in 1988 to 765 in 1995. This year the greatest 
number of openings occurred in April. During April, 1995, there were a 
total of 89 openings, averaging somewhat less than 3 per day.
    Because of the decreased number of openings during the summer 
months, ODOT no longer feels that the on-the-hour-and-half-hour 
provision is necessary for the efficient operation of the bridge. In 
recent years, ODOT has voluntarily waived the on-the-hour-and-half-hour 
restriction and has opened the bridge on signal whenever requested. 
Under the proposed change, the provision that allows the bridge to open 
only on the hour or half hour during the summer months would be 
removed. The exception for vessels in distress, commercial tugs and/or 
tows, and public vessels of the United States would also be removed. 
Under the proposed change, vessels needing emergency openings would 
still be able to request such openings under the general provisions of 
Sec. 117.31 of this part. No new exception to the one-hour notice 
requirement will be created for commercial tugs and tows or public 
vessels because transit of the bridge by these types of vessels have 
become rare.
    The decreased number of requested openings throughout the year has 
also made it unnecessary and cost-inefficient to require that a draw 
operator be present at the bridge at all hours. Under the proposed 
change, the one-hour notice requirement would allow time for the draw 
operator to travel to the bridge for requested openings.

Discussion of Proposed Rule

    The proposed rule would amend 33 CFR 117.892 to state that the draw 
shall open on signal if at least one hour notice is provided. This one-
hour notice requirement would apply year-around. The provision that 
allows the bridge to open only on the hour or half hour during the 
summer months would be removed along with the exception for vessels in 
distress, commercial tugs and/or tows, and public vessels of the United 
States.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
3(f) of Executive Order 12866 and does not require an assessment of 
potential cost 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 
proposed rule to be so minimal that a full regulatory evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. This expectation is based on the fact that vessel 
operators would not be unreasonably impeded or incur additional expense 
by a requirement to provide one hour notice for draw openings.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal will have a significant 
effect 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). 
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if 
adopted, will not have a significant impact on a significant 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

    The Coast Guard has analyzed this proposal under 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

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2. of Commandant 
Instruction M16475.B, 

[[Page 67348]]
this proposal is categorically excluded from further environmental 
documentation. A ``Categorical Exclusion Determination'' is available 
in the docket for inspection or copying.

List of Subjects in 33 CFR Part 117

    Bridges.

Proposed Regulations

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

    2. Section 117.892 is revised to read as follows:


Sec. 117.892  South Slough.

    The draw of the Oregon State highway bridge across South Slough at 
Charleston, Oregon, shall open on signal for the passage of vessels if 
at least one hour notice is given.

    Dated: December 19, 1995.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 95-31521 Filed 12-28-95; 8:45 am]
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