[Federal Register Volume 66, Number 134 (Thursday, July 12, 2001)]
[Proposed Rules]
[Pages 36529-36530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17381]



[[Page 36529]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-01-006]
RIN 2115-AE47


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 proposes to change the periods during which 
advance notice is required for opening these drawbridges: New Youngs 
Bay, mile 0.7, across Youngs Bay; Old Youngs Bay, mile 2.4, across 
Youngs Bay and the Lewis and Clark River Bridge across the Lewis and 
Clark River, mile 1.0, at Astoria, Oregon. In this proposal the 
drawbridges would open for the passage of vessels with at least one 
half-hour notice from 6 a.m. to 6 p.m. Monday through Friday and from 8 
a.m. to 4 p.m. on Saturday and Sunday. At all other times four hours 
notice would be required. This would reduce the currently designated 
daily hours at which only a half-hour notice is required for draw 
openings.

DATES: Comments and related material must reach the Coast Guard on or 
before September 10, 2001.

ADDRESSES: You may mail comments and related material to Commander 
(oan), Thirteenth Coast Guard District, 915 Second Avenue, Seattle, 
Washington 98174-1067 or deliver them to room 3510 at the same address 
between 7:45 a.m. and 4:15 p.m., Monday through Friday, except Federal 
holidays. This office maintains the public docket for this rulemaking. 
Comments and material received from the public, as well as documents 
indicated in this preamble as being available in the docket, will 
become part of this docket and will be available for inspection or 
copying.

FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief, Bridge Section, 
Thirteenth Coast Guard District, (206) 220-7282.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CCGD13-01-
006), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander Thirteenth Coast Guard 
District (oan) at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The operating regulations currently in effect for these drawbridges 
at 33 Code of Federal Regulations 117.899 provide that the spans need 
not open for the passage of vessels from 5 a.m. to 9 p.m. daily unless 
at least a half hour notice is provided. During these daily hours 
notice may be given by marine radio, telephone, or other suitable 
means. At all other times a minimum of four hours notice is required by 
telephone only. The three drawbridges have operated according to this 
schedule since 1993 without complaint from vessel operators. The 
proposed rule would enable the Oregon Department of Transportation, 
owner of the bridges, to reduce staffing on half-hour standby during 
the hours when the bridges have been less frequently opened and to 
apply these savings to maintenance expenses.

Discussion of Proposed Rule

    The proposed change would reduce the Monday through Friday periods 
that require only a half hour notice to open the bridge for the passage 
of vessels by one hour in the morning and three in the evening. On 
Saturdays and Sundays the same period would be reduced by three hours 
in the morning and five in the evening. In effect, this would likewise 
increase the daily periods when four hours notice is the minimum 
requirement for notice by the same number of hours. The change is based 
on the general reduction in the number of requests for opening by 
vessel operators and the reduction of requests specific to the hours 
that would be changed.
    In the year 2000 the New Youngs Bay Bridge opened a total of 335 
times for an average of less than once a day. The Old Youngs Bay Bridge 
opened only 47 times in the same year, while the Lewis and Clark River 
Bridge opened 325 times. Records indicate a significant reduction in 
openings for the three bridges since 1996. There is less demand for 
draw openings on the weekends and for the hours of the day that would 
be added to the period in which four hours notice is required. Based on 
the data from the year 2000, only four openings occurred during the 
proposed one-hour change in the morning, Monday through Friday. More 
openings would have been affected in the evening addition of three 
hours to the four-hour notice category. However, this number is 27, 
still a small fraction of the total. The records indicate a marked 
decrease in the demand for openings from 5 p.m. to 7 p.m.

Regulatory Evaluation

    This proposed 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 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 
conclusion is based on the fact that the bridges are not frequently 
requested to open. The majority of vessels are clients of a boatyard 
upstream of the Lewis and Clark River Bridge. The advance notice 
requirement does not obstruct passage for any vessels. Currently, 
vessels have operated under similar notice requirements without 
complaint.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, or on the relationship between the Federal Government 
and Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have

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a significant economic impact on a substantial number of small 
entities. The term ``small entities'' comprises 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. Some vessel owners might be temporarily 
inconvenienced by the change, if effected, but the greater advance 
notice required in part of the morning and evening should not be 
significant, especially after vessel operators learn of the change and 
can therefore plan their trips accordingly. If you think that your 
business, organization, or governmental jurisdiction qualifies as a 
small entity and that this rule would have a significant economic 
impact on it, please submit a comment (see ADDRESSES) explaining why 
you think it qualifies and how and to what degree this rule would 
economically affect it.

Collection of Information

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

Federalism

    We have analyzed this proposed rule under E.O. 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 costs. This proposed rule would not impose an unfunded mandate.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed 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

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.lC, this proposed rule is categorically excluded 
from further environmental documentation because promulgation of 
drawbridge regulations have been found not to have a significant effect 
on the environment. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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. Section 117.899 is revised 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 one half-hour notice is given to the 
drawtender at the Lewis and Clark River Bridge by marine radio, 
telephone, or other suitable means from 6 a.m. to 6 p.m. Monday through 
Friday and from 8 a.m. to 4 p.m. on Saturday and Sunday. At all other 
times at least a four-hour notice by telephone is required. The opening 
signal is two prolonged blasts followed by one short blast.
    (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 one half-hour notice is 
given to the drawtender at the Lewis and Clark River Bridge by marine 
radio, telephone, or other suitable means from 6 a.m. to 6 p.m. Monday 
through Friday and from 8 a.m. to 4 p.m. Saturday and Sunday. At all 
other times at least a four-hour notice by telephone 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 one half-hour notice is 
given by marine radio, telephone, or other suitable means from 6 a.m. 
to 6 p.m. Monday through Friday and from 8 a.m. to 4 p.m. on Saturday 
and Sunday. The opening signal is one prolonged blast followed by four 
short blasts.

    Dated: May 7, 2001.
P.M. Sanders,
Captain, U.S. Coast Guard, Commander, Thirteenth Coast Guard District, 
Acting.
[FR Doc. 01-17381 Filed 7-11-01; 8:45 am]
BILLING CODE 4910-15-P