[Federal Register Volume 64, Number 67 (Thursday, April 8, 1999)]
[Proposed Rules]
[Pages 17134-17136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8745]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-099-007]


Drawbridge Operations Regulations; Columbia River, OR

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily amend the operating 
regulations for the dual Interstate 5 drawbridges across the Columbia 
River, mile 106.5, between Portland, Oregon, and Vancouver, Washington. 
The temporary rule would enable the bridge owner to paint the lift 
towers of the northbound bridge by permitting the vertical lift span to 
be maintained in the closed (down) position from July 15 to September 
15 in 1999 and 2000, provided that the water level at the bridge 
remains below 6 feet (Columbia River Datum or CRD) at all times.

DATES: Comments must reach the Coast Guard on or before June 7, 1999.

ADDRESSES: You may mail comments to Commander (oan), Thirteenth Coast

[[Page 17135]]

Guard District, 915 Second Avenue, Seattle, Washington 98174-1067 or 
deliver them to room 3510 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:

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 identify this rulemaking (CGD 13-99-
007) and the specific section of this document to which each comment 
applies, and give the reson for each comment. Please submit two copies 
of all comments and attachments in an 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 a 
stamped, self-addressed postcard or envelope. The Coast Guard will 
consider all comments received during the comment period. We may change 
the proposed rule in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Coast Guard including 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.

Background and Purpose

    The purpose of the proposed temporary change to operation 
regulations to 33 CFR 117.869 is to permit the bridge owner to paint 
the lift span of the northbound bridge. According to the Oregon 
Department of Transportation, the entire structure is badly in need of 
painting to prevent further loss of steel through corrosion. The 
adjacent southbound bridge on I-5 is a newer structure and is not 
included in this painting project. Its draw span operates normally in 
unison with the southbound draw span and therefore will be affected by 
the proposed rule.
    Current containment requirements to prevent pollution from the lead 
paint removal make it necessary to install an envelope around the 
towers which support the movable span and to isolate the wire ropes 
within the towers from contamination. This containment system makes it 
impossible to operate the lift span while it is in place. Derigging 
such a containment system can not be achieved in a timely fashion for 
opening the drawbridge for the passage of vessels.
    The proposed closure periods are during that part of the year that 
coincides with lower water levels on the Columbia River. Most vessels 
are able to pass through one of the two higher fixed spans of the 
structure south of the drawspan when the river is low. This obviates 
the need for the dual drawbridges to open for these vessels. The 
containment system will not intrude into the two fixed spans at the 
same time that the drawspan is disabled.
    The draw opening records show that from 1994 to 1998 the I-5 
Bridges averaged 22.4 openings for commercial traffic in July, 15 in 
August for commercial traffic, and 12.4 for commercial traffic in 
September. The monthly average was considerably less for recreational 
vessels.
    Since the main channel through the draw span is in line with the 
downstream railroad swing span, many vessels prefer not to maneuver 
from the middle of the river back to north bank or vice versa. The 
Coast Guard understands that openings are not solely demanded on the 
basis of vertical clearance at the fixed spans near the middle of the 
bridge. Weather and current related to particular vessels are important 
factors.
    When the river gauge at the bridge is at zero (Columbia River Datum 
or CRD), the wide fixed span to the south of the lift span provides 58 
feet of vertical clearance at the center and the higher and narrower 
span to the south of the wide span provides 72 feet of vertical 
clearance. The towboats plying the Columbia River generally require 52 
feet or less of vertical clearance. With the river at 6 feet CRD, the 
wide span is no longer safely passable by towboats. The higher span, 
although passable, is farther south of the main channel. The limits of 
maneuverability would dictate that some vessel masters select the lift 
span channel in order to make a straight course through the downstream 
railroad bridge swing span.
    The highest fixed span is also a less desirable alternative in that 
it is not an officially authorized channel as of this writing. Some 
vessel operators are forbidden by their insurance contracts from moving 
outside authorized channels.
    The Coast Guard is particularly interested in determining if the 
proposed closed periods coincide with expected river levels for the 
months under consideration such that navigation will not be impeded. 
The Coast Guard requests comments on alternative closed periods of 
different lengths of time. The Oregon Department of Transportation 
requested that the Coast Guard authorize two 90-day closed periods in 
1999 and 2000 that would take place between July 1 and October 31. The 
Coast Guard believes that 90-day periods are exceptionally long and 
might impede navigation significantly if higher water persists into 
July. We request comments addressing specific periods for minimal 
impact to navigation. Mariners are reminded that shorter closed periods 
may necessitate the approval of closure periods for more than the two 
years requested by the bridge owner to complete the same amount of 
work. In other words, the painting of the lift span may involve more 
than two consecutive summers to finish. The Coast Guard will consider 
approving the longer 90-day periods if navigational interests indicate 
that longer closed periods can be tolerated and are preferred to 
several shorter closures.
    The regulations, which are currently in effect, authorize various 
weekday closed periods during the hours of heavy commuting on 
Interstate 5. At other times, the dual vertical lift spans open on 
signal for the passage of vessels.

Discussion of Proposed Rule

    The Coast Guard proposes to temporarily amend 33 CFR 117.869 by 
allowing the drawspan of the subject bridges to remain closed for two 
60-day periods from July 15 to September 15, during 1999 and 2000, 
provided that the river level at the bridge is lower than 6 feet 
Columbia River Datum at all times during the periods.

Regulatory Evaluation

    This rule is not a significant regulatory action under 3(f) of the 
Executive Order 12866 and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Order. It has not been 
reviewed 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 rule to be so 
minimal that a full regulatory evaluation is unnecessary. The proposed 
rule would permit vital maintenance to be performed without 
unreasonable inconvenience to river traffic.

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Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdiction with 
populations of less than 50,000. Therefore, for the reasons discussed 
in the Regulatory Evaluation section above, the Coast Guard certifies 
under 5 U.S.C. 605(b) that this proposed rule, if adopted, will not 
have a significant economic impact on a substantial number of small 
entities. If, however, you think your business or organization 
qualifies as a small entity and that this rule will have a significant 
economic impact on your business or organization, please submit a 
comment (see ADDRESSES) explaining why you think it qualifies and in 
what way and to what degree this proposed rule will economically affect 
it.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this proposed rule in accordance with 
the principles and criteria contained in Executive Order 12612, and it 
has been determined that the 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 
proposed rule and concluded that, under Figure 2-1, paragraph 32(e), of 
Commandant Instruction M16475.1C, this rule is categorically excluded 
from further environmental documentation because promulgation of 
changes to drawbridge regulations have been found not to have a 
significant effect on the environment. A written ``Categorical 
Exclusion Determination'' is not required for this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

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. From July 15, 1999, to September 15, 2000, a new paragraph 
(a)(3) is added to Sec. 117.869 to read as follows:


Sec. 117.869  Columbia River.

    (a) * * *
    (3) The draws of the dual Interstate 5 Bridges, mile 106.5, between 
Portland, OR and Vancouver, WA, need not open for the passage of 
vessels from July 15 to September 15, 1999, and July 15 to September 
15, 2000, provided that the river level remains below 6 feet Columbia 
River Datum. If the river level rises to 6 feet or more, the bridges 
shall operate as provided in paragraphs (a)(1) and (2) of this section.
* * * * *
    Dated: March 31, 1999.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 99-8745 Filed 4-7-99; 8:45 am]
BILLING CODE 4910-15-M