[Federal Register Volume 60, Number 119 (Wednesday, June 21, 1995)]
[Rules and Regulations]
[Pages 32267-32268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15229]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD13-93-031]
RIN 2115-AE47
Drawbridge Operation Regulation; Columbia River, OR and WA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of the Oregon State Department of
Transportation (ODOT), the Coast Guard is amending the regulations
governing the operation of the twin Interstate 5 drawbridges across the
Columbia River, mile 106.5, between Portland, Oregon, and Vancouver,
Washington. This rule extends the length of the morning and afternoon
time periods during which the draws need not open for the passage of
vessels and provides for reasonably unobstructed passage of commercial
vessels during periods of high water. This rule will relieve vehicular
traffic congestion caused by bridge openings immediately before and
after the existing morning and evening closed periods while continuing
to provide for the reasonable needs of navigation.
EFFECTIVE DATE: This rule is effective on July 21, 1995.
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,
Washington, Normal office hours are 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:
Drafting Information
The principle persons involved in drafting this document are John
E. Mikesell, Project Manager, and Lieutenant Commander John C. Odell,
Project Counsel.
Regulatory History
On November 26, 1993, the Coast Guard published a notice of
proposed rulemaking entitled Drawbridge Operation Regulation; Columbia
River, OR and WA, in the Federal Register (58 FR 62302). Comments
received from affected commercial navigation interests resulted in the
proposed rule being redrafted to address their concerns.
On October 4, 1994, the Coast Guard published a supplemental notice
of proposed rulemaking entitled Drawbridge Operation Regulation;
Columbia River, OR and WA, in the Federal Register (59 FR 50531). The
Coast Guard received no comments on the supplemental notice of proposed
rulemaking. However, subsequent to its publication, the Coast Guard
recognized the need for clarification concerning the rule's
applicability to commercial and recreational vessels. This resulted in
the rule being redrafted to provide necessary clarification.
On March 14, 1995, the Coast Guard published a second supplemental
notice of proposed rulemaking entitled Drawbridge Operation Regulation;
Columbia River, OR and WA, in the Federal Register (60 FR 13653). The
Coast Guard received no objections to this second supplemental notice
of proposed rulemaking. No public hearing was requested and none was
held.
Background and Purpose
This rule amends the drawbridge operation regulations for the twin
Interstate 5 drawbridges across the Columbia River, mile 106.5, between
Portland, Oregon, and Vancouver, Washington. The rule extends the
morning and afternoon time periods during which the draws of bridges
need not open for the passage of vessels while deliniating clear
exceptions based on river flow conditions and the type of vessel
traffic involved.
Under the existing regulations, the twin Interstate 5 vertical lift
bridges across the Columbia River between Porland, Oregon and
Vancouver, Washington, are currently required to open on signal, except
that from 6:30 a.m. to 8 a.m. and from 3 p.m. to 6 p.m., Monday through
Friday (except Federal holidays), the draws need not open. These closed
periods are necessary to accommodate peak morning and afternoon
vehicular commute traffic across the bridges. Both bridges also have
alternate mid-level fixed spans which provide greater vertical
clearance than do the drawspans in the closed position. The alternate
fixed spans are routinely used by tug and barge traffic except at
higher water surface elevations. Because the number of vehicles
crossing the bridge has increased dramatically, particularly during
commute times, any opening in close proximity, before or after, results
in unacceptable vehicular traffic delays.
Under the amended regulations, when the river gauge at the bridge
indicates 6.0 feet, or more, as determined by the drawtender on duty,
the draws need not open for the passage of commercial vessels from 6:30
a.m. to 8 a.m. and from 3:30 p.m. to 6 p.m, Monday through Friday,
except Federal holidays, and for all other vessels the draws need not
open from 5:30 a.m. to 9 a.m. and from 2:30 p.m. to 6 p.m. Monday
through Friday, except Federal holidays. When the river gauge at the
bridge indicates 5.9 feet, or less, as determined by the drawtender on
duty, the draws need not open for the passage of any vessels from 5:30
a.m. to 9 a.m. and from 2:30 p.m. to 6 p.m. Monday through Friday,
except Federal holidays. This change will better accommodate the
increased level of vehicular traffic and still provide for the
reasonable needs of commercial navigation during periods of high water.
Discussion of Comments and Changes
The Coast Guard received two letters in response to the second
supplemental notice of proposed rulemaking published on March 14, 1995
(60 FR 13653). One letter, from a federal resource agency who routinely
responds to Coast Guard public notices, offered no comments in
objection to the proposal. The other letter, from a regional planning
organization, offered comments in support of the proposal.
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. It
has been exempted from review 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).
Most waterway traffic under the bridge can be accommodated by the
alternate fixed span channel. Also, with respect to commercial vessels
the rule [[Page 32268]] would revert to its previous less restrictive
form when the vertical clearance under the alternate fixed span is less
than 52 feet. For these reasons, the Coast Guard expects the economic
impact of this action will be so minimal that a full regulatory
evaluation under paragraph 10e of the regulatory policies and
procedures of DOT is unnecessary.
Small Entities
The Coast Guard finds that the impact on small entities, if any, is
not substantial. Therefore, the Coast Guard certifies under 5 U.S.C.
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that
this rule will not have a significant impact on a substantial number of
small entities.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the final rulemaking does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
This rule has been reviewed by the Coast Guard and has been
determined to be categorically excluded from further environmental
documentation under the authority of 40 CFR 1507.3 and in accordance
with paragraph 2.B.2.g.(5) of the NEPA Implementing Procedures,
COMDTINST M16475.1B. A copy of the Categorical Exclusion Certification
is available for review in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Final Regulations
For the reasons set out in the preamble, the Coast Guard amends
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 Pub. L. 102-587, 106
Stat. 5039.
2. In Sec. 117.869, paragraph (a) is revised to read as follows:
Sec. 117.869 Columbia River.
(a) The draws of the Interstate 5 highway bridge, mile 106.5
between Portland, OR, and Vancouver, WA, shall open on signal, except
that:
(1) When the river gauge at the bridge indicates 6.0 feet, or more,
as determined by the drawtender on duty, the draws need not open for
the passage of commercial vessels from 6:30 a.m. to 8 a.m. and from
3:30 p.m. to 6 p.m. Monday through Friday, except Federal holidays, and
for all other vessels the draws need not open from 5:30 a.m. to 9 a.m.
and from 2:30 p.m. to 6 p.m. Monday through Friday, except Federal
holidays.
(2) When the river gauge at the bridge indicates 5.9 feet, or less,
as determined by the drawtender on duty, the draws need not open for
the passage of any vessels from 5:30 a.m. to 9 a.m. and from 2:30 p.m.
to 6 p.m. Monday through Friday, except Federal holidays.
* * * * *
Dated: June 2, 1995.
John A. Pierson,
Captain, Coast Guard, Commander, 13th Coast Guard District, Acting.
[FR Doc. 95-15229 Filed 6-20-95; 8:45 am]
BILLING CODE 4910-14-M
