Drawbridge operations: Oregon,
[Federal Register: June 29, 1999 (Volume 64, Number 124)]
[Proposed Rules]
[Page 34748-34750]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jn99-19]
DEPARTMENT OF TRANSPORTATION
Coast Guard
[CGD13-99-011]
RIN 2115 AE47
Drawbridge Operations Regulations; Columbia River, OR
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
[[Page 34749]]
SUMMARY: The Coast Guard proposes to change the operating regulations for the dual Interstate 5 drawbridges across the Columbia River, mile 106.5, between Vancouver, WA, and Portland, OR. The proposed amendment would simplify the existing regulations by removing the river level and vessel types as schedule factors and establish 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. The change would also require one-hour notice daily for all draw openings between 6:30 a.m. and 6 p.m. to allow vehicle traffic enough notice of bridge openings to choose an alternative route.
DATES: Comments must reach the Coast Guard on or before August 30, 1999.
ADDRESSES: You may mail comments to 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:
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- 011) and the specific section of this document to which each comment applies, and give the reason 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 stamped, self-addressed postcards or envelopes. The Coast Guard will consider all comments received during the comment period. It 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 include 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 change to section 117.869 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 set of hours Monday through Friday for all vessels, in contrast to the current distinction made between recreational and commercial vessels when the local river gauge reads 6 feet or more. the proposed regulation would not change the operation of the draw spans on weekends and federal holidays, when openings on signal are provided. The proposed one-hour notice for openings would enable the state transportation departments of Washington and Oregon to establish means of notification to interstate traffic approaching the bridge. With adequate notification of an imminent opening, much of the highway traffic both north and south of the interstate bridges could divert to I-205, which crosses the Columbia on a high-level fixed bridge upstream of the drawbridges. This parallel crossing is about 6 miles upstream, east of the I-5 Drawbridges. Both states are in various phases of implementing electronic notification systems on I-5, which could warn motorists of draw span openings.
The operating regulations currently in effect 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 consideration of river level would be removed by this proposal in order to streamline the regulations to an easily remembered and administered schedule of operation.
The proposed regulations are uniformly applied to all types of navigation. There would no longer be an operating distinction between commercial and recreational vessels.
Currently, when the river is at 6 feet or more (above Columbia River Datum), the draws need not open for the passage of commercial vessels from 6:30 a.m. to 8 a.m. and from 3:30 p.m. to 6 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 a.m. and 2:30 p.m. and 6 p.m. Monday through Friday, except federal holidays. When the river gauge indicates 5.9 feet, or less, the draws need not open for the passage of any vessels from 5:30 a.m. to 9 a.m. and from 2:30 p.m. to 6 p.m. Monday through Friday, except federal holidays.
Interstate 5 is a major north-south transportation corridor in the western United States. The dual bridges across the Columbia are the only drawbridges on this interstate highway or any interstate highway west of the Mississippi River. The weekday traffic count often exceeds 120,000 vehicles per day. Traffic begins to increase dramatically about 7 a.m. Monday through Friday. It remains high throughout the day, generally more than 6,000 vehicles per hour to more than 9,000 per hour. In the evening the decrease in traffic follows 6 p.m. by several hundred vehicles per hour.
The Columbia River bears substantial navigation both recreational and commercial in this vicinity. Most of the commercial traffic is composed of towboats barges, floating derricks, and passenger vessels. the recreational traffic includes tall-masted sailboats.
The Interstate 5 Bridges provide 39.86 feet of vertical clearance at 0.0 elevation, Columbia River Datum or CRD, at the dual lift spans when they are down, or closed. Fully raised, the vertical lift spans provide 178 feet at 0.0 river level (CRD). Most of the towboats plying this reach of the river require at least 52 feet of vertical clearance. There are other vessels, such as derrick barges and sailboats, which require more clearance.
The dual vertical lift spans of the I-5 Bridges open annually from several hundred to over a thousand times, as recorded in the years of the current decade. There is a decrease in openings when the river level is low. Weather conditions can influence the preferred course through the bridges.
In 1998, the vertical lifts opened 386 times for vessels. This and the following counts do not include maintenance or training openings. In 1997, which witnessed higher water, the total annual openings for vessels was 829. The month in 1997 with the most openings for vessels was May. In May the bridges opened 161 times. River levels in May 1997 ranged from 15 to 17 feet at the bridge gauges. In May 1998 the water levels ranged from 6 to 14 feet and experienced only 56 openings. From the draw logs on hand (1993-1998) it can be concluded that the number of openings can fluctuate significantly from year to year and from month to month.
The river level has a significant influence on the number of openings that are requested by vessel operators. However, the difference in the closed periods make the regulations in effect more complicated than those which are proposed. Currently, commercial traffic is somewhat more limited in the hours during which they may use the lift spans when the river gauge is 6 feet or more at the bridges. The total daily
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closed period is less restrictive when the river gauge is at 5.9 feet or less.
By changing the closed periods Monday through Friday and by requiring one-hour notice for openings, the Coast Guard intends to assist traffic flow on the I-5 corridor without unreasonably hindering navigation on the Columbia River.
Discussion of Proposed Rule
The Coast Guard proposes to amend 33 CFR 117.869 so that the draws need not be opened for the passage of commercial 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. This amendment also requires one-hour notice for all openings between the hours of 6:30 a.m. and 6 p.m. every day.
Regulatory Evaluation
This proposed 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 paragraph 10(e) of the regulatory policies and procedures of DOT is unnecessary. The proposed rule would improve commuter traffic flow and by minimally increasing the times when commercial navigation cannot pass through the open draw spans.
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 jurisdictions with populations 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) of the Regulatory Flexibility Act that this proposed rule, if adopted, will not have a significant impact on a substantial number of small entities. If, however, you think that your business or organization qualifies as a small entity and that this proposed rule will have a significant 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 proposed rule does not provide for a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposed rule in accordance with the principles and criteria contained in Executive Order 12612, and has determined that this proposed rule does not have sufficient implications for federalism 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 proposed 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.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard amends part 117 of title 33, Code of Federal Regulations, 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 if one hour notice is provided between the hours of 6:30 a.m. and 6 p.m., 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: June 21, 1999. Paul M. Blayney, Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 99-16533Filed6-28-99; 8:45 am]
BILLING CODE 4910-15-M
