[Federal Register Volume 61, Number 227 (Friday, November 22, 1996)]
[Proposed Rules]
[Pages 59394-59396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29951]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-96-011]


Drawbridge Operation Regulations; Youngs Bay and Lewis and Clark 
River, OR

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a change to the regulations 
governing the operation of the drawspans of the U.S. 101 (New Youngs 
Bay) highway bridge, mile 0.7, at Smith Point, the Oregon State (Old 
Youngs Bay) highway bridge, mile 2.4, across Youngs Bay, and the Oregon 
State (Lewis and Clark River) highway bridge, mile 1.0, across the 
Lewis and Clark River, Oregon.
    The proposed rule would change the existing regulations for these 
bridges in three ways: The period during which shorter notice is 
allowed for requesting an opening of the bridges would be reduced from 
the existing 5 a.m. to 9 p.m. period to a shorter 7 a.m. to 5:30 p.m. 
period; the notice required for requesting an opening during the 
proposed 7 a.m. to 5:30 p.m. period would be increased from 30 minutes 
to 45 minutes; and the opening signal for the New Youngs Bay Bridge 
would be changed.

DATES: Comments must be received on or before January 21, 1997.

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 (CGD13-95-011) 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,

[[Page 59395]]

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, 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, the 
Coast Guard is proposing to change the regulations governing the 
operation of the drawspans of the U.S. 101 (New Youngs Bay) highway 
bridge, mile 0.7, at Smith Point; the Oregon State (Old Youngs Bay) 
highway bridge, mile 2.4, across Youngs Bay; and the Oregon State 
(Lewis and Clark River), highway bridge, mile 1.0, across the Lewis and 
Clark River, Oregon.
    First, the proposed rule would decrease the period during which 
shorter notice is allowed when requesting an opening of the draw spans 
of these bridges. Under the current regulations, the bridges are 
operated on 30 minutes notice between 5 a.m. and 9 p.m. At all other 
times of the day, 4 hours notice is required for requesting an opening. 
Historical data indicates that most requests for openings are in fact 
being made between 7 a.m. and 5:30 p.m. Records of drawbridge 
operations show that during the year measured from December 1994 to 
December 1995, the New Youngs Bay Bridge opened 461 times, the Old 
Youngs Bay Bridge opened 176 times, and the Lewis and Clark River 
Bridge opened 525 times. The vast majority (1,068 of 1,162) of these 
openings were made between 7 a.m. to 5:30 p.m. The proposed rule would 
alter the period during which shorter notice is required to reflect the 
historical use of the bridge.
    Second, the proposed change would increase the notice period for 
requesting openings of the drawspans during the proposed period of 7 
a.m. and 5:30 p.m. when shorter notice is allowed. The notice required 
between 7 a.m. and 5:30 p.m. would be increased from 30 minutes to 45 
minutes. These bridges are not continuously manned and this aspect of 
the proposed change is needed to provide bridge operators more time to 
travel to the bridges through increased traffic congestion on area 
roads and highways.
    Finally, the proposed change would change the published opening 
signal for the New Youngs Bay Bridge. The current regulations state 
that the opening signal for the New Youngs Bay Bridge is two prolonged 
blasts followed by one short blast. The proposed change would create a 
special opening signal consisting of two prolonged blasts followed by 
two short blasts. The special opening signal is necessary to prevent 
confusion with the signal of the nearby Old Youngs Bay Bridge which 
also has an opening signal consisting of two prolonged blasts followed 
by one short blast.

Discussion of Proposed Rule

    The proposed rule would amend 33 CFR 117.899 to state that the 
drawspans of all three bridges shall open on signal if at least 45 
minutes notice is given between 7 a.m. and 5:30 p.m., and if four hours 
notice is given at all other times of the day. The change would also 
change the opening signal for the New Youngs Bay Bridge to two 
prolonged blasts followed by two short blasts. All other aspects of the 
current operating regulations would remain the same.

Regulatory Evaluation

    The 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 the proposed 
change would not greatly increase the existing notice requirements for 
requesting drawbridge openings and the fact that the reduced period 
during which shorter notice is allowed merely conforms the regulations 
to the historical use of the bridges.

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). 
Because the proposed change would not greatly increase the existing 
notice period for requesting drawbridge openings, 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, 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 117.899 is revised to read as follows:


Sec. 117.899   Youngs Bay and Lewis and Clark River.

    (a) The draw of the US101 (New Youngs Bay) highway bridge, mile 
0.7, across Youngs Bay at Smith Point, shall open on signal for the 
passage of vessels if at least 45 minutes notice is given to the 
drawtender at the Lewis and Clark River Bridge by marine radio, 
telephone, or other suitable means from 7 a.m. to 5:30 p.m. At all 
other times four hours notice is required. The opening signal is

[[Page 59396]]

two prolonged blasts followed by two short blasts.
    (b) The draw of the Oregon State (Old Youngs Bay) highway bridge, 
mile 2.4, across Youngs Bay at the foot of Fifth Street, shall open on 
signal for the passage of vessels if at least 45 minutes notice is 
given to the drawtender at the Lewis and Clark River Bridge by marine 
radio, telephone, or other suitable means from 7 a.m. to 5:30 p.m. At 
all other times four hours notice is required. The opening signal is 
two prolonged blasts followed by one short blast.
    (c) The draw of the Oregon State (Lewis and Clark River) highway 
bridge, mile 1.0, across the Lewis and Clark River, shall open on 
signal for the passage of vessels if at least 45 minutes notice is 
given by marine radio, telephone, or other suitable means from 7 a.m. 
to 5:30 p.m. At all other times four hours notice is required. The 
opening signal is one prolonged blast followed by four short blasts.

    Dated: November 4, 1996.
J. David Spade,
Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 96-29951 Filed 11-21-96; 8:45 am]
BILLING CODE 4910-14-M