[Federal Register Volume 64, Number 67 (Thursday, April 8, 1999)]
[Proposed Rules]
[Pages 17134-17136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8745]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD13-099-007]
Drawbridge Operations Regulations; Columbia River, OR
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily amend the operating
regulations for the dual Interstate 5 drawbridges across the Columbia
River, mile 106.5, between Portland, Oregon, and Vancouver, Washington.
The temporary rule would enable the bridge owner to paint the lift
towers of the northbound bridge by permitting the vertical lift span to
be maintained in the closed (down) position from July 15 to September
15 in 1999 and 2000, provided that the water level at the bridge
remains below 6 feet (Columbia River Datum or CRD) at all times.
DATES: Comments must reach the Coast Guard on or before June 7, 1999.
ADDRESSES: You may mail comments to Commander (oan), Thirteenth Coast
[[Page 17135]]
Guard District, 915 Second Avenue, Seattle, Washington 98174-1067 or
deliver them to 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:
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 identify this rulemaking (CGD 13-99-
007) and the specific section of this document to which each comment
applies, and give the reson for each comment. Please submit two copies
of all comments and attachments in an 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 a
stamped, self-addressed postcard or envelope. The Coast Guard will
consider all comments received during the comment period. We may change
the proposed rule in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Coast Guard including 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.
Background and Purpose
The purpose of the proposed temporary change to operation
regulations to 33 CFR 117.869 is to permit the bridge owner to paint
the lift span of the northbound bridge. According to the Oregon
Department of Transportation, the entire structure is badly in need of
painting to prevent further loss of steel through corrosion. The
adjacent southbound bridge on I-5 is a newer structure and is not
included in this painting project. Its draw span operates normally in
unison with the southbound draw span and therefore will be affected by
the proposed rule.
Current containment requirements to prevent pollution from the lead
paint removal make it necessary to install an envelope around the
towers which support the movable span and to isolate the wire ropes
within the towers from contamination. This containment system makes it
impossible to operate the lift span while it is in place. Derigging
such a containment system can not be achieved in a timely fashion for
opening the drawbridge for the passage of vessels.
The proposed closure periods are during that part of the year that
coincides with lower water levels on the Columbia River. Most vessels
are able to pass through one of the two higher fixed spans of the
structure south of the drawspan when the river is low. This obviates
the need for the dual drawbridges to open for these vessels. The
containment system will not intrude into the two fixed spans at the
same time that the drawspan is disabled.
The draw opening records show that from 1994 to 1998 the I-5
Bridges averaged 22.4 openings for commercial traffic in July, 15 in
August for commercial traffic, and 12.4 for commercial traffic in
September. The monthly average was considerably less for recreational
vessels.
Since the main channel through the draw span is in line with the
downstream railroad swing span, many vessels prefer not to maneuver
from the middle of the river back to north bank or vice versa. The
Coast Guard understands that openings are not solely demanded on the
basis of vertical clearance at the fixed spans near the middle of the
bridge. Weather and current related to particular vessels are important
factors.
When the river gauge at the bridge is at zero (Columbia River Datum
or CRD), the wide fixed span to the south of the lift span provides 58
feet of vertical clearance at the center and the higher and narrower
span to the south of the wide span provides 72 feet of vertical
clearance. The towboats plying the Columbia River generally require 52
feet or less of vertical clearance. With the river at 6 feet CRD, the
wide span is no longer safely passable by towboats. The higher span,
although passable, is farther south of the main channel. The limits of
maneuverability would dictate that some vessel masters select the lift
span channel in order to make a straight course through the downstream
railroad bridge swing span.
The highest fixed span is also a less desirable alternative in that
it is not an officially authorized channel as of this writing. Some
vessel operators are forbidden by their insurance contracts from moving
outside authorized channels.
The Coast Guard is particularly interested in determining if the
proposed closed periods coincide with expected river levels for the
months under consideration such that navigation will not be impeded.
The Coast Guard requests comments on alternative closed periods of
different lengths of time. The Oregon Department of Transportation
requested that the Coast Guard authorize two 90-day closed periods in
1999 and 2000 that would take place between July 1 and October 31. The
Coast Guard believes that 90-day periods are exceptionally long and
might impede navigation significantly if higher water persists into
July. We request comments addressing specific periods for minimal
impact to navigation. Mariners are reminded that shorter closed periods
may necessitate the approval of closure periods for more than the two
years requested by the bridge owner to complete the same amount of
work. In other words, the painting of the lift span may involve more
than two consecutive summers to finish. The Coast Guard will consider
approving the longer 90-day periods if navigational interests indicate
that longer closed periods can be tolerated and are preferred to
several shorter closures.
The regulations, which are currently in effect, authorize various
weekday closed periods during the hours of heavy commuting on
Interstate 5. At other times, the dual vertical lift spans open on
signal for the passage of vessels.
Discussion of Proposed Rule
The Coast Guard proposes to temporarily amend 33 CFR 117.869 by
allowing the drawspan of the subject bridges to remain closed for two
60-day periods from July 15 to September 15, during 1999 and 2000,
provided that the river level at the bridge is lower than 6 feet
Columbia River Datum at all times during the periods.
Regulatory Evaluation
This rule is not a significant regulatory action under 3(f) of the
Executive Order 12866 and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. It has not been
reviewed 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 rule to be so
minimal that a full regulatory evaluation is unnecessary. The proposed
rule would permit vital maintenance to be performed without
unreasonable inconvenience to river traffic.
[[Page 17136]]
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considers whether this proposed rule, if adopted, will 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 jurisdiction with
populations of less than 50,000. Therefore, for the reasons discussed
in the Regulatory Evaluation section above, the Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed rule, if adopted, will not
have a significant economic impact on a substantial number of small
entities. If, however, you think your business or organization
qualifies as a small entity and that this rule will have a significant
economic impact on your business or organization, please submit a
comment (see ADDRESSES) explaining why you think it qualifies and in
what way and to what degree this proposed rule will economically affect
it.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this proposed rule in accordance with
the principles and criteria contained in Executive Order 12612, and it
has been determined that the 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
proposed 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 because promulgation of
changes to drawbridge regulations have been found not to have a
significant effect on the environment. A written ``Categorical
Exclusion Determination'' is not required for this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
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. From July 15, 1999, to September 15, 2000, a new paragraph
(a)(3) is added to Sec. 117.869 to read as follows:
Sec. 117.869 Columbia River.
(a) * * *
(3) The draws of the dual Interstate 5 Bridges, mile 106.5, between
Portland, OR and Vancouver, WA, need not open for the passage of
vessels from July 15 to September 15, 1999, and July 15 to September
15, 2000, provided that the river level remains below 6 feet Columbia
River Datum. If the river level rises to 6 feet or more, the bridges
shall operate as provided in paragraphs (a)(1) and (2) of this section.
* * * * *
Dated: March 31, 1999.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.
[FR Doc. 99-8745 Filed 4-7-99; 8:45 am]
BILLING CODE 4910-15-M
