[Federal Register Volume 61, Number 227 (Friday, November 22, 1996)]
[Proposed Rules]
[Pages 59394-59396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29951]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD13-96-011]
Drawbridge Operation Regulations; Youngs Bay and Lewis and Clark
River, OR
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing a change to the regulations
governing the operation of the drawspans of the U.S. 101 (New Youngs
Bay) highway bridge, mile 0.7, at Smith Point, the Oregon State (Old
Youngs Bay) highway bridge, mile 2.4, across Youngs Bay, and the Oregon
State (Lewis and Clark River) highway bridge, mile 1.0, across the
Lewis and Clark River, Oregon.
The proposed rule would change the existing regulations for these
bridges in three ways: The period during which shorter notice is
allowed for requesting an opening of the bridges would be reduced from
the existing 5 a.m. to 9 p.m. period to a shorter 7 a.m. to 5:30 p.m.
period; the notice required for requesting an opening during the
proposed 7 a.m. to 5:30 p.m. period would be increased from 30 minutes
to 45 minutes; and the opening signal for the New Youngs Bay Bridge
would be changed.
DATES: Comments must be received on or before January 21, 1997.
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 Federal holidays. Comments
may also be hand-delivered to this address.
FOR FURTHER INFORMATION CONTACT:
John E. Mikesell, Chief, Plans and Programs Section, Aids to
Navigation and Waterways Management Branch, (Telephone: (206) 220-
7270).
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD13-95-011) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Commander,
[[Page 59395]]
Thirteenth Coast Guard District at the address under ADDRESSES. The
request should include the reasons why a hearing would be beneficial.
If it determines that the opportunity for oral presentations will aid
this rulemaking, the Coast Guard will hold a public hearing at a time
and place announced by a later notice in the Federal Register.
Drafting Information
The drafters of this notice are Austin Pratt, Project Officer, and
Lieutenant Commander John C. Odell, Project Attorney, Thirteenth Coast
Guard District Legal Office.
Background and Purpose
At the request of the Oregon Department of Transportation, the
Coast Guard is proposing to change the regulations governing the
operation of the drawspans of the U.S. 101 (New Youngs Bay) highway
bridge, mile 0.7, at Smith Point; the Oregon State (Old Youngs Bay)
highway bridge, mile 2.4, across Youngs Bay; and the Oregon State
(Lewis and Clark River), highway bridge, mile 1.0, across the Lewis and
Clark River, Oregon.
First, the proposed rule would decrease the period during which
shorter notice is allowed when requesting an opening of the draw spans
of these bridges. Under the current regulations, the bridges are
operated on 30 minutes notice between 5 a.m. and 9 p.m. At all other
times of the day, 4 hours notice is required for requesting an opening.
Historical data indicates that most requests for openings are in fact
being made between 7 a.m. and 5:30 p.m. Records of drawbridge
operations show that during the year measured from December 1994 to
December 1995, the New Youngs Bay Bridge opened 461 times, the Old
Youngs Bay Bridge opened 176 times, and the Lewis and Clark River
Bridge opened 525 times. The vast majority (1,068 of 1,162) of these
openings were made between 7 a.m. to 5:30 p.m. The proposed rule would
alter the period during which shorter notice is required to reflect the
historical use of the bridge.
Second, the proposed change would increase the notice period for
requesting openings of the drawspans during the proposed period of 7
a.m. and 5:30 p.m. when shorter notice is allowed. The notice required
between 7 a.m. and 5:30 p.m. would be increased from 30 minutes to 45
minutes. These bridges are not continuously manned and this aspect of
the proposed change is needed to provide bridge operators more time to
travel to the bridges through increased traffic congestion on area
roads and highways.
Finally, the proposed change would change the published opening
signal for the New Youngs Bay Bridge. The current regulations state
that the opening signal for the New Youngs Bay Bridge is two prolonged
blasts followed by one short blast. The proposed change would create a
special opening signal consisting of two prolonged blasts followed by
two short blasts. The special opening signal is necessary to prevent
confusion with the signal of the nearby Old Youngs Bay Bridge which
also has an opening signal consisting of two prolonged blasts followed
by one short blast.
Discussion of Proposed Rule
The proposed rule would amend 33 CFR 117.899 to state that the
drawspans of all three bridges shall open on signal if at least 45
minutes notice is given between 7 a.m. and 5:30 p.m., and if four hours
notice is given at all other times of the day. The change would also
change the opening signal for the New Youngs Bay Bridge to two
prolonged blasts followed by two short blasts. All other aspects of the
current operating regulations would remain the same.
Regulatory Evaluation
The proposed rule is not a significant regulatory action under 3(f)
of Executive Order 12866 and does not require an assessment of
potential cost 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
proposed rule to be so minimal that a full regulatory evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This expectation is based on the fact that the proposed
change would not greatly increase the existing notice requirements for
requesting drawbridge openings and the fact that the reduced period
during which shorter notice is allowed merely conforms the regulations
to the historical use of the bridges.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
effect 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 proposed change would not greatly increase the existing
notice period for requesting drawbridge openings, the Coast Guard
certifies under 5 U.S.C. 605(b) that this proposal, if adopted, will
not have a significant impact on a significant 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
The Coast Guard has analyzed this proposal under 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
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2. of Commandant
Instruction M16475.B, this proposal is categorically excluded from
further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying.
List of Subjects in 33 CFR Part 117
Bridges.
Proposed Regulations
For the reasons set out in the preamble, 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); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.899 is revised to read as follows:
Sec. 117.899 Youngs Bay and Lewis and Clark River.
(a) The draw of the US101 (New Youngs Bay) highway bridge, mile
0.7, across Youngs Bay at Smith Point, shall open on signal for the
passage of vessels if at least 45 minutes notice is given to the
drawtender at the Lewis and Clark River Bridge by marine radio,
telephone, or other suitable means from 7 a.m. to 5:30 p.m. At all
other times four hours notice is required. The opening signal is
[[Page 59396]]
two prolonged blasts followed by two short blasts.
(b) The draw of the Oregon State (Old Youngs Bay) highway bridge,
mile 2.4, across Youngs Bay at the foot of Fifth Street, shall open on
signal for the passage of vessels if at least 45 minutes notice is
given to the drawtender at the Lewis and Clark River Bridge by marine
radio, telephone, or other suitable means from 7 a.m. to 5:30 p.m. At
all other times four hours notice is required. The opening signal is
two prolonged blasts followed by one short blast.
(c) The draw of the Oregon State (Lewis and Clark River) highway
bridge, mile 1.0, across the Lewis and Clark River, shall open on
signal for the passage of vessels if at least 45 minutes notice is
given by marine radio, telephone, or other suitable means from 7 a.m.
to 5:30 p.m. At all other times four hours notice is required. The
opening signal is one prolonged blast followed by four short blasts.
Dated: November 4, 1996.
J. David Spade,
Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 96-29951 Filed 11-21-96; 8:45 am]
BILLING CODE 4910-14-M
