Drawbridge operations: Oregon,
[Federal Register: January 11, 2000 (Volume 65, Number 7)]
[Rules and Regulations]
[Page 1543-1544]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja00-7]
DEPARTMENT OF TRANSPORTATION
Coast Guard
[CGD13-99-011]
RIN 2115 AE47
Drawbridge Operations Regulations; Columbia River, OR
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
SUMMARY: The Coast Guard is changing the operating regulations for the dual Interstate 5 drawbridges across the Columbia River, mile 106.5, between Vancouver, WA, and Portland, OR. The amendment simplifies the operating regulations by removing the river level and vessel types as schedule factors and establishes a single schedule during which the draw spans need not be opened for the passage of vessels from 6:30 a.m. to 9 a.m. and from 2:30 p.m. to 6 p.m. Monday through Friday except federal holidays.
DATES: This rule is effective February 10, 2000.
ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket CGD13-99-011 and are available for inspection or copying at the office of the Commander(oan), Thirteenth Coast Guard District, 915 Second Avenue, Seattle, Washington 98174-1067, 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 Information
On June 29, 1999, we published a notice of proposed rulemaking entitled Drawbridge Operation Regulations; Columbia River, Oregon, in the Federal Register (64 FR 34748). We received two letters commenting on the proposed rulemaking. No public hearing was requested and none was held.
Background
The purpose of this rule is to streamline the operating regulations by removing the various periods when the dual lift spans need not open for vessels and replacing them with a single schedule, Monday through Friday, for all vessels. This rule does not change the operation of the draw spans on weekends and federal holidays, when openings on signal are provided.
The current operating regulations are dependent upon river level measured by the gauge at the bridges. The hours during which the bridges need not open for navigation are presently changed whenever the river level is at 6 feet or above. This rule removes river level as a schedule factor to streamline the regulations to an easily remembered and administered schedule of operation. This rule applies uniformly to all types of navigation, no longer distinguishing between commercial and recreational vessels.
Discussion of Comments and Changes
The Coast Guard received two letters in response to the notice of proposed rulemaking. One letter objected to the lack of distinction between commercial and recreational traffic in the proposed regulation. The respondent wished this distinction to be retained. This distinction is not necessary for operation of the draws and is not in keeping with current Coast Guard policy for the operation of drawbridges. The proposal was not incorporated in the final rule. A second letter, from the Oregon Department of Transportation (ODOT), owner of the dual bridges, persuaded the District Commander to drop the proposed one-hour notice requirement for all draw openings
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between 6:30 a.m. and 6 p.m. The Coast Guard proposed this advance notice from vessel operators so that warnings could be given to highway traffic, giving travelers the option to take I-205 across the Columbia River. However, ODOT considered this notice to be too short to effectively post warning to motorists. The Coast Guard concurs and further notes that longer notice would not make for greater accuracy in judging the arrival time of vessels at the drawspan. The requirement for advance notice for openings is not included in this final rule.
This rule only amends 33 CFR 117.869 so that the draws need not be opened for the passage of vessels from 6:30 a.m. to 9 a.m. and from 2:30 p.m. to 6 p.m. Monday through Friday, except federal holidays.
Regulatory Evaluation
This rule is not a ``significant regulatory 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. The Office of Management and Budget has not reviewed it 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). We expect the economic impact of this rule to be so minimal that a full regulatory evaluation under paragraph 10(e) of the regulatory policies and procedures of DOT is unnecessary. The final rule should improve commuter traffic flow by a one-hour reduction in both morning and evening times when commercial navigation can pass through the open draw spans. This is the reduction that occurs when the gauge reads 6 feet or more at the bridge. When the river level is 5.9 feet or less at the bridge, all vessels gain one hour of opening opportunity by this change.
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 less than 50,000. This rule will affect the following entities, some of which may be small entities: the owners or operators of vessels intending to transit through the Columbia River drawbridge during the minimally changed closed periods. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant impact on a substantial number of small entities.
Collection of Information
This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (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 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. This rule changes a drawbridge regulation which has been found not to have a significant effect on the environment. A ``Categorical Exclusion Determination'' is not required.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard amends 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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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.
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Revise Sec. 117.869(a) to read as follows:
Sec. 117.869 Columbia River.
(a) The draws of the Interstate 5 Bridges, mile 106.5, between Portland, OR, and Vancouver, WA, shall open on signal except that the draws need not be opened for the passage of vessels from 6:30 a.m. to 9 a.m. and from 2:30 p.m. to 6 p.m. Monday through Friday except federal holidays. * * * * *
Dated: December 27, 1999. Paul M. Blayney, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District.
[FR Doc. 00-585Filed1-10-00; 8:45 am]
BILLING CODE 4910-15-U
