Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules 13653

Dated: March 7, 1995.

Thomas Gernhofer,

Associate Director for Offshore Minerals

Management.

[FR Doc. 95–6184 Filed 3–13–95; 8:45 am]

BILLING CODE 4310–MR–M

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.

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 handdelivered 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 81⁄2 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
13654 Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 / Proposed Rules

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 § 117.869, paragraph (a) is

revised to read as follows:

§ 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

DEPARTMENT OF DEFENSE

Department of the Army

Corp of Engineers

33 CFR Parts 320, 325 and 333

Wetland Delineator Certification

Program

AGENCY: Army Corps of Engineers, DOD.

ACTION: Proposed rule.

SUMMARY: The U.S. Army Corps of

Engineers (Corps) is establishing a

program for the training and

certification of individuals as wetland

delineators. The intent of the Wetland

Delineator Certification Program

(WDCP) is: (1) To improve the quality

and consistency of wetland delineations

submitted to the Corps, and (2) to

streamline the regulatory process by

developing procedures for expediting

review and consideration of

delineations submitted by certified

delineators. We are publishing this

proposed rule today to provide the

public the opportunity to assist us in the

development of the WDCP.

DATES: Written comments must be

submitted on or before April 13, 1995.

ADDRESSES: Written comments must be

submitted to: The Chief of Engineers,

United States Army Corps of Engineers.

ATTN: Ms. Karen Kochenbach, CECW–

OR, Washington, DC 20314–1000.

FOR FURTHER INFORMATION CONTACT: Ms.

Karen Kochenbach or Mr. Sam

Collinson at the Office of the Chief of

Engineers at (202) 272–0199.

SUPPLEMENTARY INFORMATION:

Background

The Corps regulates activities

involving the discharge of dredged or

fill material into waters of the United

States, including wetlands, pursuant to

Section 404 of the Clean Water Act

(CWA). In accordance with Section

307(e) of the Water Resources

Development Act of 1990 (WRDA 90),

the Corps is establishing the WDCP.

Section 307 (e) of WRDA 90 authorizes

the Secretary of the Army to establish a

program for the training and

certification of individuals as wetland

delineators. Pursuant to this authority,

the Corps conducted demonstration

projects in the Baltimore, Jacksonville,

and Seattle districts.

The Wetland Delineator Certification

Program (WDCP) was initially

announced in the Federal Register on

December 30, 1992 (57 FR 62312). This

notice introduced the WDCP and

provided specifics on participation in

the three demonstration projects. On