[Federal Register Volume 65, Number 7 (Tuesday, January 11, 2000)]
[Rules and Regulations]
[Pages 1543-1544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-585]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulations for the 
dual Interstate 5 drawbridges across the Columbia River, mile 106.5, 
between Vancouver, WA, and Portland, OR. The amendment simplifies the 
operating regulations by removing the river level and vessel types as 
schedule factors and establishes 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.

DATES: This rule is effective February 10, 2000.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD13-99-011 and are available for inspection or 
copying at the office of the Commander(oan), Thirteenth Coast Guard 
District, 915 Second Avenue, Seattle, Washington 98174-1067, 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:

Regulatory Information

    On June 29, 1999, we published a notice of proposed rulemaking 
entitled Drawbridge Operation Regulations; Columbia River, Oregon, in 
the Federal Register (64 FR 34748). We received two letters commenting 
on the proposed rulemaking. No public hearing was requested and none 
was held.

Background

    The purpose of this rule 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 schedule, Monday through 
Friday, for all vessels. This rule does not change the operation of the 
draw spans on weekends and federal holidays, when openings on signal 
are provided.
    The current operating regulations 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 rule removes river level as a 
schedule factor to streamline the regulations to an easily remembered 
and administered schedule of operation. This rule applies uniformly to 
all types of navigation, no longer distinguishing between commercial 
and recreational vessels.

Discussion of Comments and Changes

    The Coast Guard received two letters in response to the notice of 
proposed rulemaking. One letter objected to the lack of distinction 
between commercial and recreational traffic in the proposed regulation. 
The respondent wished this distinction to be retained. This distinction 
is not necessary for operation of the draws and is not in keeping with 
current Coast Guard policy for the operation of drawbridges. The 
proposal was not incorporated in the final rule. A second letter, from 
the Oregon Department of Transportation (ODOT), owner of the dual 
bridges, persuaded the District Commander to drop the proposed one-hour 
notice requirement for all draw openings

[[Page 1544]]

between 6:30 a.m. and 6 p.m. The Coast Guard proposed this advance 
notice from vessel operators so that warnings could be given to highway 
traffic, giving travelers the option to take I-205 across the Columbia 
River. However, ODOT considered this notice to be too short to 
effectively post warning to motorists. The Coast Guard concurs and 
further notes that longer notice would not make for greater accuracy in 
judging the arrival time of vessels at the drawspan. The requirement 
for advance notice for openings is not included in this final rule.
    This rule only amends 33 CFR 117.869 so 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.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
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. The 
Office of Management and Budget has not reviewed it 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). We expect 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 final rule should 
improve commuter traffic flow by a one-hour reduction in both morning 
and evening times when commercial navigation can pass through the open 
draw spans. This is the reduction that occurs when the gauge reads 6 
feet or more at the bridge. When the river level is 5.9 feet or less at 
the bridge, all vessels gain one hour of opening opportunity by this 
change.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), we 
considered whether this rule would 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. This rule 
will affect the following entities, some of which may be small 
entities: the owners or operators of vessels intending to transit 
through the Columbia River drawbridge during the minimally changed 
closed periods. The Coast Guard certifies under 5 U.S.C. 605(b) that 
this rule will not have a significant impact on a substantial number of 
small entities.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this final rule in accordance with the principles 
and criteria contained in Executive Order 13132 and have determined 
that this rule does not have implications for federalism under that 
order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a state, 
local, or tribal government or the private sector to incur direct costs 
without the federal government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

Environment

    The Coast Guard considered the environmental impact of this 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. This rule changes a drawbridge regulation 
which has been found not to have a significant effect on the 
environment. A ``Categorical Exclusion Determination'' is not required.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 117 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 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: December 27, 1999.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 00-585 Filed 1-10-00; 8:45 am]
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