[Federal Register Volume 65, Number 122 (Friday, June 23, 2000)]
[Rules and Regulations]
[Pages 39105-39107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15953]


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DEPARTMENT OF TRANSPORTATION 4910-15-U

Coast Guard

33 CFR Part 117

[CGD13-00-008]
RIN 2115-AE47


Drawbridge Operations Regulations; Columbia River, OR

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is revising 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 
will enable the bridge owner to paint the lift tower of the northbound 
bridge by permitting the vertical lift span to be maintained in the 
closed (down) position from July 15 to September 15, 2000, provided 
that the water level at the bridge remains at or below 6 feet (Columbia 
River Datum or CRD) measured as the daily mean.

DATES: This rule is effective from July 15 to September 15, 2000.

ADDRESSES: Unless otherwise noted, documents referred to in this 
preamble are available for inspection and copying at Commander (oan), 
Thirteenth Coast 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:

Regulatory History

    The Coast Guard published a temporary final rule in the Federal 
Register (64 FR 37678) on July 13, 1999. That rule temporarily revised 
the operating regulations from July 15 to September 15, 2000, as well 
as a similar period in the summer of 1999. Prior to that final rule the 
Coast Guard published a notice of proposed rulemaking in the Federal 
Register (64 FR 17134) on April 8, 1999. The Coast Guard received no 
letters in response to the proposed rulemaking. No public hearing was 
requested and none was held. Previous discussions with navigational 
interests and the U.S. Army Corps of Engineers disclosed the optimal 
time during the year for the closure period. We did not publish a 
notice of proposed rulemaking (NPRM) for this regulation.
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause 
exists for not publishing an NPRM. This final rule does not change the 
previously published bracketing dates for the draw closure. Under 5 
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for 
making this rule effective less than 30 days after publication in the 
Federal Register. This rule does not change the previously advertised 
closure dates, which were published in the Federal Register (64 FR 
37678) on July 13, 1999.

Background

    The purpose of the temporary change to the operation regulations of 
Sec. 117.869 is to permit the bridge owner to paint the remaining lift 
span tower of the northbound bridge. The other tower was painted in the 
summer of 1999. The adjacent southbound bridge on I-5 is a newer 
structure and is not included in this painting project. However, its 
draw span operates normally in unison with the southbound draw span and 
therefore will be affected by the final rule.
    Current containment requirements to prevent pollution from the lead 
paint removal make it necessary to install an envelope around the tower 
which supports 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.

[[Page 39106]]

    The closed period is 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 draw-bridges to open for these vessels. The containment system 
will not intrude into the high fixed span or the northern half of the 
wide fixed span at the same time.
    This change to the rule is based on the request of the Oregon 
Department of Transportation (ODOT). After several discussions with the 
Coast Guard and waterway users, ODOT requested that the commencement of 
the project (closure of the drawspans) be permitted when the daily mean 
river level is less than 6 feet CRD. This offers a more practical start 
criterion than the previously specified 6 feet (CRD) that did not 
countenance the intermediate period in July when the river level 
fluctuates around 6 feet (CRD) on a daily basis. The other issue of 
great concern is the point at which the river might rise to 6 feet CRD 
towards the end of the project. As previously described, the project 
could have been terminated at a rise in river level to 6 feet CRD. In 
that event the contractor would derig the containment system and 
restore the draw to normal operation. However, since the containment 
system cannot be removed quickly, ODOT is concerned that the river 
level might fall back below 6 feet CRD after an order to derig is 
received. Derigging for normal operation of the drawspan could take one 
to two weeks. The Coast Guard concurs that a prediction of three days 
or more at 6 feet (CRD) for the daily mean will be the minimum period 
for demanding that the state derig the containment system once it has 
been installed. The source of the prediction would be the Northwest 
River Forecast Center, U.S. Army Corps of Engineers. Records indicate 
that such a rise is improbable before September 15th. Furthermore, the 
Columbia River Towboat Association has suggested that the state could 
find relief from derigging at higher water if an assist tug were 
provided at the bridge owner's expense. In the event that such 
conditions do occur, the District Commander may elect to delay an order 
to derig if the draw closure can be mitigated temporarily by the 
provision of assist tugs at the expense of the state of Oregon.

Discussion of Comments and Changes

    The Coast Guard did not publish another proposed rule for the 
change that is made in this temporary final rule. The only change is a 
more precise definition of river level for start and stop of the 
drawspan closure. This change accounts for those days in July every 
year when the water level may fluctuate above and below 6 feet CRD. The 
mean daily level of 6 feet CRD will serve the reasonable needs of 
navigation and the painting project.

Regulatory Evaluation

    This final rule is not a significant regulatory action under 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 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 under that 
order to be unnecessary. The final rule would permit vital maintenance 
to be performed without unreasonable inconvenience to river traffic.

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 of less than 50,000. The 
Coast Guard certifies that this rule will not have a significant impact 
on a substantial number of small entities.

Collection of Information

    This proposal calls for no new collection of information 
requirements under the Paperwork Reduction Act (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 final 
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 final rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    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. In Sec. 117.869, paragraph (a)(3) is removed, and from July 15, 
2000, to September 15, 2000, a new paragraph (a)(3) is added to read as 
follows:


Sec. 117.869  Columbia River.

    (a) * * *
    (3) The draws of the dual Interstate 5 Bridges, mile 106.5, between 
Portland,

[[Page 39107]]

OR, and Vancouver, WA, need not open for the passage of vessels from 
July 15 to September 15, 2000, provided that the river level remains at 
or below 6 feet Columbia River Datum for a daily mean. If the river 
level rises to 6 feet or more measured as the daily mean for more than 
three consecutive days prior to September 15, 2000, the draws shall 
operate as provided in paragraphs (a)(1) and (2) of this section when 
directed by the District Commander.

    Dated: June 15, 2000.
Erroll Brown,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard 
District.
[FR Doc. 00-15953 Filed 6-22-00; 8:45 am]
BILLING CODE 4910-15-U