[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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