[Federal Register Volume 64, Number 124 (Tuesday, June 29, 1999)]
[Proposed Rules]
[Pages 34748-34750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16533]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-99-011]
RIN 2115 AE47


Drawbridge Operations Regulations; Columbia River, OR

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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[[Page 34749]]

SUMMARY: The Coast Guard proposes to change the operating regulations 
for the dual Interstate 5 drawbridges across the Columbia River, mile 
106.5, between Vancouver, WA, and Portland, OR. The proposed amendment 
would simplify the existing regulations by removing the river level and 
vessel types as schedule factors and establish a single schedule during 
which the draw spans need not be opened for the passage of vessels from 
6:30 a.m. to 9 a.m. and from 2:30 p.m. to 6 p.m. Monday through Friday 
except federal holidays. The change would also require one-hour notice 
daily for all draw openings between 6:30 a.m. and 6 p.m. to allow 
vehicle traffic enough notice of bridge openings to choose an 
alternative route.

DATES: Comments must reach the Coast Guard on or before August 30, 
1999.

ADDRESSES: You may mail comments to Commander (oan), Thirteenth Coast 
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-
011) and the specific section of this document to which each comment 
applies, and give the reason 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 
stamped, self-addressed postcards or envelopes. The Coast Guard will 
consider all comments received during the comment period. It 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 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.

Background and Purpose

    The purpose of the proposed change to section 117.869 is to 
streamline the operating regulations by removing the various periods 
when the dual lift spans need not open for vessels and replacing them 
with a single set of hours Monday through Friday for all vessels, in 
contrast to the current distinction made between recreational and 
commercial vessels when the local river gauge reads 6 feet or more. the 
proposed regulation would not change the operation of the draw spans on 
weekends and federal holidays, when openings on signal are provided. 
The proposed one-hour notice for openings would enable the state 
transportation departments of Washington and Oregon to establish means 
of notification to interstate traffic approaching the bridge. With 
adequate notification of an imminent opening, much of the highway 
traffic both north and south of the interstate bridges could divert to 
I-205, which crosses the Columbia on a high-level fixed bridge upstream 
of the drawbridges. This parallel crossing is about 6 miles upstream, 
east of the I-5 Drawbridges. Both states are in various phases of 
implementing electronic notification systems on I-5, which could warn 
motorists of draw span openings.
    The operating regulations currently in effect are dependent upon 
river level measured by the gauge at the bridges. The hours during 
which the bridges need not open for navigation are presently changed 
whenever the river level is at 6 feet or above. This consideration of 
river level would be removed by this proposal in order to streamline 
the regulations to an easily remembered and administered schedule of 
operation.
    The proposed regulations are uniformly applied to all types of 
navigation. There would no longer be an operating distinction between 
commercial and recreational vessels.
    Currently, when the river is at 6 feet or more (above Columbia 
River Datum), 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 2:30 p.m. and 6 p.m. 
Monday through Friday, except federal holidays. When the river gauge 
indicates 5.9 feet, or less, 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.
    Interstate 5 is a major north-south transportation corridor in the 
western United States. The dual bridges across the Columbia are the 
only drawbridges on this interstate highway or any interstate highway 
west of the Mississippi River. The weekday traffic count often exceeds 
120,000 vehicles per day. Traffic begins to increase dramatically about 
7 a.m. Monday through Friday. It remains high throughout the day, 
generally more than 6,000 vehicles per hour to more than 9,000 per 
hour. In the evening the decrease in traffic follows 6 p.m. by several 
hundred vehicles per hour.
    The Columbia River bears substantial navigation both recreational 
and commercial in this vicinity. Most of the commercial traffic is 
composed of towboats barges, floating derricks, and passenger vessels. 
the recreational traffic includes tall-masted sailboats.
    The Interstate 5 Bridges provide 39.86 feet of vertical clearance 
at 0.0 elevation, Columbia River Datum or CRD, at the dual lift spans 
when they are down, or closed. Fully raised, the vertical lift spans 
provide 178 feet at 0.0 river level (CRD). Most of the towboats plying 
this reach of the river require at least 52 feet of vertical clearance. 
There are other vessels, such as derrick barges and sailboats, which 
require more clearance.
    The dual vertical lift spans of the I-5 Bridges open annually from 
several hundred to over a thousand times, as recorded in the years of 
the current decade. There is a decrease in openings when the river 
level is low. Weather conditions can influence the preferred course 
through the bridges.
    In 1998, the vertical lifts opened 386 times for vessels. This and 
the following counts do not include maintenance or training openings. 
In 1997, which witnessed higher water, the total annual openings for 
vessels was 829. The month in 1997 with the most openings for vessels 
was May. In May the bridges opened 161 times. River levels in May 1997 
ranged from 15 to 17 feet at the bridge gauges. In May 1998 the water 
levels ranged from 6 to 14 feet and experienced only 56 openings. From 
the draw logs on hand (1993-1998) it can be concluded that the number 
of openings can fluctuate significantly from year to year and from 
month to month.
    The river level has a significant influence on the number of 
openings that are requested by vessel operators. However, the 
difference in the closed periods make the regulations in effect more 
complicated than those which are proposed. Currently, commercial 
traffic is somewhat more limited in the hours during which they may use 
the lift spans when the river gauge is 6 feet or more at the bridges. 
The total daily

[[Page 34750]]

closed period is less restrictive when the river gauge is at 5.9 feet 
or less.
    By changing the closed periods Monday through Friday and by 
requiring one-hour notice for openings, the Coast Guard intends to 
assist traffic flow on the I-5 corridor without unreasonably hindering 
navigation on the Columbia River.

Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.869 so that the draws 
need not be opened for the passage of commercial vessels from 6:30 a.m. 
to 9 a.m. and from 2:30 p.m. to 6 p.m. Monday through Friday, except 
federal holidays. This amendment also requires one-hour notice for all 
openings between the hours of 6:30 a.m. and 6 p.m. every day.

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 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 under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
The proposed rule would improve commuter traffic flow and by minimally 
increasing the times when commercial navigation cannot pass through the 
open draw spans.

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 jurisdictions with 
populations 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) of the Regulatory Flexibility Act that this 
proposed rule, if adopted, will not have a significant impact on a 
substantial number of small entities. If, however, you think that your 
business or organization qualifies as a small entity and that this 
proposed rule will have a significant 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 proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposed rule in accordance with 
the principles and criteria contained in Executive Order 12612, and has 
determined that this proposed rule does not have sufficient 
implications for federalism 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 proposed 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.

List of Subjects in 33 CFR Part 117

    Bridges.

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); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Revise Sec. 117.869 (a) to read as follows:


Sec. 117.869  Columbia River.

    (a) The draws of the Interstate 5 Bridges, mile 106.5, between 
Portland, OR, and Vancouver, WA, shall open on signal if one hour 
notice is provided between the hours of 6:30 a.m. and 6 p.m., except 
that the draws need not be opened for the passage of vessels from 6:30 
a.m. to 9 a.m. and from 2:30 p.m. to 6 p.m. Monday through Friday, 
except federal holidays.
* * * * *
    Dated: June 21, 1999.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 99-16533 Filed 6-28-99; 8:45 am]
BILLING CODE 4910-15-M