[Federal Register Volume 60, Number 250 (Friday, December 29, 1995)]
[Proposed Rules]
[Pages 67346-67348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31521]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD13-95-050]
Drawbridge Operation Regulations; South Slough, OR
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: At the request of the Oregon Department of Transportation
(ODOT), the Coast Guard is considering an amendment to the regulations
governing the operation of the South Slough Bridge at Charleston,
Oregon. The proposed change would require one hour notice at all times
when requesting openings of the drawspan of the bridge for the passage
of vessels.
DATES: Comments must be received on or before February 27, 1996.
[[Page 67347]]
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 (CGD13-95-050) 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, 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,
Thirteenth Coast Guard District Aids to Navigation and Waterways
Management Branch, 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 (ODOT),
the Coast Guard is considering an amendment to the regulations
governing the operation of the South Slough Bridge at Charleston,
Oregon. The proposed change would require one hour notice at all times
when requesting openings of the drawspan of the bridge for the passage
of vessels. Current regulations require the drawspan to open on signal,
except that the drawspan need only open on the hour and half hour from
7 a.m. to 7 p.m. from June 1 through September 30. The current
regulations provide an exception to the summertime on-the-hour-and-
half-hour provisions for vessels in distress, commercial tugs and/or
tows, and public vessels of the United States.
In recent years the total number of annual openings has decreased
continuously from 2014 in 1988 to 765 in 1995. This year the greatest
number of openings occurred in April. During April, 1995, there were a
total of 89 openings, averaging somewhat less than 3 per day.
Because of the decreased number of openings during the summer
months, ODOT no longer feels that the on-the-hour-and-half-hour
provision is necessary for the efficient operation of the bridge. In
recent years, ODOT has voluntarily waived the on-the-hour-and-half-hour
restriction and has opened the bridge on signal whenever requested.
Under the proposed change, the provision that allows the bridge to open
only on the hour or half hour during the summer months would be
removed. The exception for vessels in distress, commercial tugs and/or
tows, and public vessels of the United States would also be removed.
Under the proposed change, vessels needing emergency openings would
still be able to request such openings under the general provisions of
Sec. 117.31 of this part. No new exception to the one-hour notice
requirement will be created for commercial tugs and tows or public
vessels because transit of the bridge by these types of vessels have
become rare.
The decreased number of requested openings throughout the year has
also made it unnecessary and cost-inefficient to require that a draw
operator be present at the bridge at all hours. Under the proposed
change, the one-hour notice requirement would allow time for the draw
operator to travel to the bridge for requested openings.
Discussion of Proposed Rule
The proposed rule would amend 33 CFR 117.892 to state that the draw
shall open on signal if at least one hour notice is provided. This one-
hour notice requirement would apply year-around. The provision that
allows the bridge to open only on the hour or half hour during the
summer months would be removed along with the exception for vessels in
distress, commercial tugs and/or tows, and public vessels of the United
States.
Regulatory Evaluation
This 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 vessel
operators would not be unreasonably impeded or incur additional expense
by a requirement to provide one hour notice for draw openings.
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).
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,
[[Page 67348]]
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 117.892 is revised to read as follows:
Sec. 117.892 South Slough.
The draw of the Oregon State highway bridge across South Slough at
Charleston, Oregon, shall open on signal for the passage of vessels if
at least one hour notice is given.
Dated: December 19, 1995.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 95-31521 Filed 12-28-95; 8:45 am]
BILLING CODE 4910-14-M
