[Federal Register Volume 68, Number 172 (Friday, September 5, 2003)]
[Proposed Rules]
[Pages 52722-52724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22564]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD13-03-027]
RIN 1625-AA09


Drawbridge Operation Regulations; Columbia River, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the operating 
regulations of the dual vertical lift bridges on Interstate Highway 5 
across the Columbia River, mile 106.5, between Portland, OR and 
Vancouver, WA to accommodate a major rehabilitation of the mechanical 
and electrical systems of the bridges. From July 15, 2004, to August 6, 
2004, the lift spans would be closed and from August 6, 2004, to 
October 15, 2004, the draws would open for the passage of vessels once 
every two weeks according to an established schedule. The affected 
period approximates the annual season of low water on the Columbia when 
the maximum vertical clearance will be available.

DATES: Comments and related material must reach the Coast Guard on or 
before October 20, 2003.

ADDRESSES: You may mail comments and related material to Commander 
(oan), 13th Coast Guard District, 915 Second Avenue, Seattle, WA 98174-
1067 where the public docket for this rulemaking is maintained. 
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 at the Aids to Navigation and Waterways Management Branch 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief Bridge Section, 
(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 [CGD13-03-
027], 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.
    An abbreviated comment period is in effect for this proposal in 
order to expedite processing. This will allow the bridge owner to 
advertise the project for bidding with adequate lead-time and as 
described by the limits to the project set by the temporary rule 
promulgated in the light of comments received.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Aids to Navigation and 
Waterways Management Branch 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 proposed temporary rule would enable the bridge owners to 
conduct a major rehabilitation project during the part of the year when 
water levels are typically low enough that most vessels do not need the 
drawspans to open for their passage. The seven million dollar project 
would completely replace the existing 1959 electrical system in both 
bridges and the 1916 gears in the northbound drawbridge. In addition, 
the operating control center would be rebuilt with improved visibility 
and new television cameras. During the first three weeks of the period, 
the dual lifts would remain in the down position to facilitate gear 
replacement. Thereafter, openings would be provided once every two 
weeks, if needed, until the end of the temporary period. Historically, 
water levels on the Columbia River fluctuate significantly over the 
course of an annual cycle. Essentially, water levels are dependent on 
the accumulation of snow in the winter and its melting in the spring 
and early summer. The annual dry season in the Pacific Northwest is 
typically from approximately July 15 to October 15. Usually rainfall 
begins to raise water levels again after October 15.
    A river elevation of 6.0 feet Columbia River Datum (CRD) is the 
critical point for towboats on the Columbia River at and upstream of 
the bridges. Cargo towing is the main commercial use of the Columbia 
above the bridges. Large oceangoing vessels do not generally pass above 
these bridges. The towboats that ply that portion of the Columbia 
require 52 feet of vertical clearance. Most towing vessels and 
passenger tour vessels are able to pass through the highest fixed spans 
near midstream without requiring the vertical lift spans near the north 
shore to open when the river level is six feet or less.
    The exceptions are the tallest sailboats, some construction 
derricks, and large structures that have been built upstream of the 
bridges at shore facilities. With the exception of the first three 
weeks of the affected period when the draws need not open, an opening 
will be provided every two weeks. During summer months the openings 
average less than one per day, mostly for sailboats, some of which 
could pass the higher fixed spans if antennas were lowered.

Discussion of Proposed Rule

    The established operating regulation for the Interstate 5 bridges 
requires that the draws open on signal except that they need not open 
from 6:30 a.m. to 9 a.m. and from 2:30 p.m. to 6 p.m.

[[Page 52723]]

Monday through Friday except federal holidays. Certain exceptions are 
made for commercial vessels depending upon the river gauge.
    The proposed temporary rule would authorize a continuous closure of 
the draws from 6:30 a.m. July 15 to 9 p.m. August 6, 2004. On August 6 
and 20, September 3 and 17 and October 1, 2004, openings will be 
provided on signal at 9 p.m. Openings need not be provided at times 
other than these from August 6 until 9 p.m. October 15. In the event 
that the river runs at 6 feet Columbia River datum or higher between 9 
p.m. on August 6 and 9 p.m. October 15, 2004, or the date the 
drawbridges are restored to normal operation, the bridge owners would 
provide an assist tug to commercial tows when requested by the towing 
vessel master for safe passage through the bridges. For downbound tows, 
this assist boat may be retained until a tow has safely passed the 
Burlington Northern Santa Fe swing span 0.8 mile downstream of the dual 
highway bridges. The master of the vessel would inform the draw tender 
prior to arrival at the I-5 bridges whenever an assist boat is to be 
used.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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 
Homeland Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    We do expect recreational sailboats to be affected by this 
temporary rule. This class of vessel most commonly requires openings of 
the subject drawbridges during the summer months. Some of these vessels 
will either have to find alternate moorage or otherwise be limited in 
their operating areas during the project. Others will be able to modify 
their top hamper by lowering antennas, instruments, masts, etc., in 
order to pass the bridge if the biweekly scheduled openings do not 
serve their needs. These vessel operators will receive notice of 
several months duration to plan their activities for summer 2004.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have 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. We expect that some recreational sailboat 
owners will be affected by this proposal. Most other vessels will 
either not require openings of the draws during low water season or 
will be accommodated by the biweekly scheduled openings. Some sail 
boaters will have to change their moorage and itineraries or modify 
their vessels to avoid delays.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Austin Pratt, Chief, Bridge 
Section at (206) 220-7282.

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

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the

[[Page 52724]]

Administrator of the Office of Information and Regulatory Affairs as a 
significant energy action. Therefore, it does not require a Statement 
of Energy Effects under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
concluded that there are no factors in this case that would limit the 
use of a categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (32)(e) of the Instruction, from further environmental 
documentation. There are no expected environmental consequences of the 
proposed action that would require further analysis and documentation.

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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub.L. 102-587, 106 Stat. 5039.

    2. From 6:30 a.m. on July 15, 2004, until 9 p.m. on October 15, 
2004, in Sec.  117.869, suspend paragraph (a) and add a new paragraph 
(d) to read as follows:


Sec.  117.869  Columbia River.

* * * * *
    (d) The draws of the Interstate 5 Bridges, mile 106.5, between 
Portland, OR, and Vancouver, WA, need not open for the passage of 
vessels from 6:30 a.m. on July 15, 2004, to 9 p.m. on August 6, 2004, 
and at no other time until 9 p.m. on October 15 except for scheduled 
openings on signal at 9 p.m. on August 6 and 20 and September 3 and 17 
and October 1, 2004.

    Dated: August 21, 2003.
Jeffrey M. Garrett,
Rear Admiral, Coast Guard Commander, Thirteenth Coast Guard District.
[FR Doc. 03-22564 Filed 9-4-03; 8:45 am]
BILLING CODE 4910-15-P