[Federal Register Volume 59, Number 191 (Tuesday, October 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24530]
[[Page Unknown]]
[Federal Register: October 4, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD13-93-031]
RIN 2115-AE47
Drawbridge Operation Regulations; Columbia River, OR and WA
AGENCY: Coast Guard, DOT.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing an amendment to the drawbridge
regulations governing the operation of the twin Interstate 5
drawbridges across the Columbia River, mile 106.5, between Portland,
Oregon and Vancouver, Washington. The original Notice of Proposed
Rulemaking proposed an extension of the morning and afternoon time
periods when the draw need not open for the passage of vessels without
regard to vessel type or river flow condition. This supplemental notice
of proposed rulemaking proposes an amendment which would provide for
relatively uninterrupted vehicular flow during peak traffic times while
being less restrictive to commercial navigation during periods of high
river flow conditions.
DATES: Comments must be received on or before December 5, 1994.
ADDRESSES: Comments should be mailed to Commander (oan), Thirteenth
Coast Guard District, 915 Second Avenue, Seattle, Washington 98174-
1067. The comments and other materials referenced in this notice will
be available for inspection and copying at 915 Second Avenue, Room
3410, Seattle, Washington. Normal office hours are between 7:45 a.m.
and 4:15 p.m., Monday through Friday, except holidays. Comments may
also be hand-delivered to this address.
FOR FURTHER INFORMATION CONTACT:
John E. Mikesell, Chief, Bridge Section, Aids to Navigation and
Waterways Management Branch, (Telephone: (206) 220-7272).
SUPPLEMENTARY INFORMATION:
Request for Comments
Interested persons are invited to participate in this proposed
rulemaking by submitting written views, comments, data, or arguments.
Persons submitting comments should include their names and addresses,
identify the bridge, and give reasons for concurrence with, or any
recommended changes in, the proposal. Persons desiring acknowledgment
that their comments have been received should enclose a stamped, self-
addressed postcard or envelope.
The Commander, Thirteenth Coast Guard District, will evaluate all
communications received and determine a course of final action on this
proposal. The proposed regulations may be changed in light of comments
received.
Drafting Information
The principle persons involved in drafting this notice are John E.
Mikesell, project manager, and Lieutenant Laticia J. Argenti, project
attorney.
Background and Purpose
The twin Interstate 5 vertical lift bridges across the Columbia
River between Portland and Vancouver are required to open on signal,
except that from 6:30 a.m. to 8 a.m. and 3:30 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 provide
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 interstate bridges has increased dramatically,
particularly during commute times, any opening in close proximity,
before or after, results in unacceptable vehicular traffic delays.
Therefore, Oregon State Department of Transportation (ORDOT) has
requested an extension of the weekday closed periods. On November 26,
1993, the Coast Guard published a notice of proposed rulemaking in the
Federal Register (58 FR 62302). In addition, the Commander, Thirteenth
Coast Guard District also published the proposal in a Public Notice
dated December 14, 1993. Both notices advised the public that the Coast
Guard was considering a proposal to extend the morning and afternoon
time periods during which the draw need not open for the passage of
vessels. The morning period would be changed to 5:30 a.m. to 9 a.m. and
the afternoon period would be changed to 2:30 p.m. to 6 p.m. The Coast
Guard received five comments in response to its public notice and no
comments to its Federal Register notice. One commenter, a federal
resource agency which routinely responds to our public notices did not
take a position in favor or against the proposed amendment. Two
commenters representing land transportation interests favored the
proposal. Two commenters representing commercial navigation interests
stated opposition to the proposal unless it was modified to provide the
following: (1) When the vertical clearance under the green center of
channel lights of the wide fixed span is less than 52 feet (river gauge
6.0 feet or more), the closed periods remain as existing. (2) When the
vertical clearance under the green center of channel lights of the wide
fixed span is greater than 52 feet (river gauge 5.9 feet or less), the
proposed closed periods would be in effect.
Note: The referenced wide fixed span is the span between the
vertical lift span and the designated alternate channel fixed span.
Following further investigation by the Coast Guard it was determined
that because vertical clearances of less than 52 feet under the
center of the wide fixed span occur only during spring run off or
other infrequent flood conditions, the requested change was
reasonable for commercial navigation. We have incorporated it in
this supplemental notice of proposed rulemaking. A public hearing
was not requested and one was not held.
Regulatory Evaluation
This proposal 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). The Coast Guard expects the economic impact of this
action to be so minimal that a full regulatory evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. Because most waterway traffic can be accommodated by the
alternate fixed span channel and the rule would revert to its previous
less restrictive form when the vertical clearance under the alternate
fixed span was less than 52 feet, the Coast Guard expects the economic
impact of this propsal to be so minimal that a full Regulatory
Evaluation is innecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et al.), the
Coast Guard must consider whether this proposal will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632). Because the impacts of this proposal are expected to
be minimal, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this proposal
will not have a significant impact on a substantial number of small
entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This proposal has been analyzed in accordance with the principles
and criteria contained in Executive Order 12612, and it has been
determined that the proposed rulemaking does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Environment
This proposal 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 Section 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.
Proposed Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend 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).
2. In section 117.869 paragraph (a) is revised to read as follows:
Sec. 117.869 Columbia River.
(a) The draws of the Interstate 5 highway bridges, mile 106.5,
between Portland, OR and Vancouver, WA shall open on signal, except
that:
(1) When the river gauge at the bridge indicates 0.0 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.
(2) When the river gauge at the bridge indicates 5.9 feet, or less,
as determined by the drawtender on day, the draws need not open for the
passage of commercial 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: September 23, 1994.
John A. Pierson,
Captain, U.S. Coast Guard, Commander, 13th Coast Guard District,
Acting.
[FR Doc. 94-24530 Filed 10-3-94; 8:45 am]
BILLING CODE 4910-14-M
