[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Rules and Regulations]
[Pages 37678-37679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17674]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-099-007]
RIN 2115-AE47


Drawbridge Operations Regulations; Columbia River, OR

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily revising 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 will 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 26 to September 
26 in 1999 and from July 15 to September 15, 2000, provided that the 
water level at the bridge remains at or below 6 feet (Columbia River 
Datum or CRD) at all times during these periods.

DATES: This rule is effective from July 26, 1999, through September 15, 
2000.

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, WA 98174-
1067 or deliver them to room 3510 between 7:45 a.m. and 4:25 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:

Regulatory History

    The Coast Guard published a notice of proposed rulemaking in the 
Federal Register (64 FR 17134) on April 8, 1999. The Coast Guard 
received no letters on the notice of proposed rulemaking. No public 
hearing was requested and none was held.

Background and Purpose

    The purpose of the temporary change to the operation regulations 
for the dual Interstate 5 drawbridges (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, however, 
operates in unison with the southbound draw span and therefore will be 
affected by this 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

[[Page 37679]]

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 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 draw-bridges to open for these vessels. The containment system 
will not intrude into the two fixed spans while it is in use in the 
drawspan.

Discussion of Comments and Changes

    The Coast Guard received no letters commenting on the notice of 
proposed rulemaking. The start date for the closure period is being 
changed for 1999 from the proposed date of July 15 to July 26 because 
the Corps of Engineers, Portland District, has predicted that the river 
level will not be below 6 feet until the last week of July at the 
earliest. This is largely due to the late melting of the unusually 
substantial snow pack in the Cascade Mountains. The rule also changes 
the ending date for the 1999 temporary closure to September 26 instead 
of the proposed September 15 date. The Coast Guard will consider 
granting an extension of the closed period if the river level is 
predicted to remain at or below 6 feet at the bridges. Any extensions 
to the closures in this rule will be published separately in the 
Federal Register.
    The closed period proposed for the year 2000 remains July 15 to 
September 15.
    This final rule does not provide 30 days notice because a comment 
period was provided in the notice of proposed rulemaking. Pursuant to 
U.S.C. 553, notice of proposed rulemaking has been published for this 
regulation. However, good cause exists for making the final rule 
effective in less than 30 days from date of publication in the Federal 
Register. Publishing a final rule with 30 days notice before it becomes 
effective would be contrary to public interest since immediate action 
is necessary. Due to the complex planning and coordination of this 
bridge maintenance with water levels, the Coast Guard was not provided 
with notice of the final details of water level predictions for 1999 
until less than 30 days prior to the date the maintenance is scheduled 
to begin. If normal notice and comment procedures were followed, this 
rule would not become effective until after the date that the 
maintenance is scheduled to begin. For this reason, following normal 
rulemaking procedures in this case would be impracticable and contrary 
to the public interest.

Regulatory Evaluation

    This final 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 is unnecessary. 
The final rule would permit vital maintenance to be performed without 
unreasonable inconvenience to river traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this final rule, 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 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 final rule will not have a significant economic impact 
on a substantial number of small entities.

Collection of Information

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

Federalism

    The Coast Guard has analyzed this final 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 final 
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 final rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard is 
amending 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 Public Law 102-587, 
106 Stat. 5039.

    2. From July 26, 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 26 to September 26, 1999, and from July 15 to 
September 15, 2000, provided that the river level remains at or below 6 
feet Columbia River Datum. If the river level rises to more than 6 
feet, the bridges shall operate as provided in paragraphs (a)(1) and 
(2) of this section.
* * * * *
    Dated: 23 June 1999.
Paul M. Blayney,
Rear Admiral, Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 99-17674 Filed 7-12-99; 8:45 am]
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