[Federal Register Volume 69, Number 33 (Thursday, February 19, 2004)]
[Rules and Regulations]
[Pages 7682-7684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3623]


-----------------------------------------------------------------------

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: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is temporarily changing 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. Between July 15 and October 15, 2004, the lift spans 
will open for the passage of vessels only at scheduled times to 
accommodate a major rehabilitation of the mechanical and electrical 
systems of the bridges.

DATES: This rule is effective from 6:30 a.m. on July 15 to 9 p.m. on 
October 15, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket 
[CGD13-03-027], will become part of this docket and will be available 
for inspection or copying at the Commander (oan), Thirteenth Coast 
Guard District , 915 Second Avenue, Seattle, Washington 98174 between 
7:30 a.m. and 4 p.m.,

[[Page 7683]]

Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On September 5, 2003, the Coast Guard published a notice of 
proposed rulemaking (NPRM) entitled Drawbridge Operation Regulations; 
Columbia River, Oregon in the Federal Register (68 FR 52722). We 
received no comments on this NPRM. No public hearing was requested and 
none was held.

Background and Purpose

    This temporary rule will 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 
will completely replace the existing 1959 electrical system in both 
bridges and the 1916 gears in the northbound drawbridge. In addition, 
the operating control center will be rebuilt with improved visibility 
and new television cameras. During the first three weeks of the period, 
the dual lifts will remain in the down position to facilitate gear 
replacement. Thereafter, openings will 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 Rule

    We received no comments on the notice of proposed rulemaking.
    The temporary rule authorizes 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 9 p.m. on August 6 until 9 p.m. October 15.

Regulatory Evaluation

    This 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 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 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 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.

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 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 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 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 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 rule would not affect a taking of private property or 
otherwise have taking implications under Executive

[[Page 7684]]

Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this 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 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 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 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 action that would require further analysis and 
documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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.

0
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, September 3 and 17, 
and October 1, 2004.

    Dated: February 6, 2004.
Jeffrey M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 04-3623 Filed 2-18-04; 8:45 am]
BILLING CODE 4910-15-P