[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Proposed Rules]
[Pages 13653-13654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6152]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-93-031]


Drawbridge Operation Regulation; Columbia River, OR and WA

AGENCY: Coast Guard, DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: This notice supplements a notice of proposed rulemaking 
concerning the drawbridge operation regulations for the twin Interstate 
5 drawbridges across the Columbia River, mile 106.5, between Portland, 
Oregon, and Vancouver, Washington. Previous notices of proposed 
rulemaking which proposed the extension of the morning and afternoon 
time periods when the bridge need not open did not contain language 
needed to distinguish the proposed rule's applicability to commercial 
and noncommercial vessels. This supplemental notice adds the omitted 
language and clearly states the proposed rule's applicability by vessel 
type and river flow conditions.

DATES: Comments must be received on or before May 15, 1995.

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, 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, and arguments. 
Persons submitting comments should include their names and addresses, 
identify this notice, specify the section of this notice to which each 
comment applies, and give the reason for each comment. Two copies of 
each comment should be provided in an unbound format. All comments 
should be on paper no larger than 8\1/2\ by 11 inches and should be 
suitable for copying and electronic filing. Persons wanting 
acknowledgment of receipt of comments should enclose stamped, self-
addressed postcards or envelopes.
    The proposed regulations may be changed in light of comment 
received. All comments received before the expiration of the comment 
period will be considered before final action is taken on this 
proposal.
    The Coast Guard plans no public hearings. Persons may request a 
public hearing by writing to the above address. The request should 
include the reasons why a hearing would be beneficial. If the Coast 
Guard determines that the opportunity for oral presentation will aid 
this rulemaking, it will hold a public hearing at a time and place 
announced by a later notice in the Federal Register.

    Drafting Information: The principal persons involved in drafting 
this document are John E. Mikesell, Chief, Plans and Programs 
Section, Aids to Navigation and Waterways Management Branch, 
Thirteenth Coast Guard District, Seattle, WA, and LCDR John Odell, 
project attorney, Thirteenth Coast Guard District Legal Office, 
Seattle, WA.

Background and Purpose

    This notice proposes drawbridge operation regulations for the twin 
Interstate 5 drawbridges across the Columbia River, mile 106.5, between 
Portland, Oregon, and Vancouver, Washington. The proposed rule would 
extend the morning and afternoon time periods when the draws of the 
bridges need not open for the passage of vessels while delineating 
clear exceptions based on the river flow conditions and the type of 
vessel traffic involved.

Regulatory History

    This notice is the second supplemental notice of proposed 
rulemaking published for this proposed rule. The original notice of 
proposed rulemaking, published in the Federal Register on November 26, 
1993 (58 FR 62302), proposed an extension of the morning and afternoon 
time periods when the draws need not open for the passage of vessels 
without regard to vessel type or river flow condition. A supplemental 
notice, published in the Federal Register on October 4, 1994 (59 FR 
50531), provided for relatively uninterrupted vehicular flow during 
peak traffic times while being less restrictive to vessel traffic by 
adding provisions which would apply during periods of high river flow 
conditions. However, that first supplemental notice of proposed 
rulemaking omitted language distinguishing the rule's applicability to 
commercial and noncommercial vessels. This second supplemental notice 
of proposed rulemaking adds the language to clearly state the 
proposal's applicability to commercial and noncommercial vessel 
traffic.

Discussion of Proposed Regulation

    The twin Interstate 5 vertical lift bridges across the Columbia 
River between Portland, Oregon, and Vancouver, Washington, are 
currently required to open on signal, except that from 6:30 a.m. to 
8:00 a.m. and from 3:00 p.m. to 6:00 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 to 
these commute times, 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.
    Subsequent to publication of a previous supplemental notice of 
proposed rulemaking on October 4, 1994 (59 FR 50531), the Coast Guard 
recognized the need for clarification concerning the rule's 
applicability to commercial and noncommercial vessels. After 
reevaluation, the Coast Guard determined that the proposed rule's 
provisions for high water conditions (when the river gauge indicates 
6.0 feet or more) were only required in order to meet the reasonable 
needs of commercial vessel traffic. The needs of noncommercial vessel 
traffic will be adequately met during high water conditions despite the 
extended closed periods.
    Therefore, based on this reevaluation, this second notice of 
proposed rulemaking further amends the proposed rule, making the high 
water provisions applicable only to commercial vessels. During low 
water [[Page 13654]] conditions (when the river gauge indicates 5.9 
feet or less), the proposed extended periods when the bridges need not 
open for the passage of vessels will apply to both commercial and 
noncommercial vessels.

Regulatory Evaluation

    This proposal is not a significant 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 form 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 proposal to be 
so minimal that a full regulatory evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. Most waterway 
traffic can be accommodated by the alternate fixed span channel. For 
the benefit of commercial vessels, the proposed rule would revert to 
its previous, less-restrictive form when the vertical clearance under 
the alternate fixed span was less than 52 feet.

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 
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.

Federalism

    The Coast Guard has analyzed this action in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposal 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 regulation and concluded that, under paragraph 2.B.2 of 
Commandant Instruction M16475.1B (as revised by 59 FR 38654; July 29, 
1994), this proposed regulation is categorically excluded from further 
environmental documentation. An environmental checklist and categorical 
exclusion determination have been completed for this proposed action 
and have been included in the rulemaking docket.

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. In Sec. 117.869, paragraph (a) is revised to read as follows:


Sec. 117.869  Columbia River.

    (a) The draws of the Interstate 5 highway bridge, mile 106.5, 
between Portland, OR, and Vancouver, WA, shall open on signal, except 
that:
    (1) When the river gauge at the bridge indicates 6.0 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 8:00 a.m. and from 
3:30 p.m. to 6:00 p.m. Monday through Friday, except Federal holidays, 
and for all other vessels the draws need not open from 5:30 a.m. to 
9:00 a.m. and from 2:30 p.m. to 6:00 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 duty, the draws need not open for 
the passage of any vessels from 5:30 a.m. to 9:00 a.m. and from 2:30 
p.m. to 6:00 p.m. Monday through Friday, except Federal holidays.
* * * * *
    Dated: February 28, 1995.
John A. Pierson,
Captain, U.S. Coast Guard, Commander, 13th Coast Guard District, 
Acting.
[FR Doc. 95-6152 Filed 3-13-95; 8:45 am]
BILLING CODE 4910-14-M