[Federal Register: September 5, 2003 (Volume 68, Number 172)]
[Proposed Rules]
[Page 52722-52724]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se03-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD13-03-027]
RIN 1625-AA09
Drawbridge Operation Regulations; Columbia River, OR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to temporarily change the operating
regulations of the dual vertical lift bridges on Interstate Highway 5
across the Columbia River, mile 106.5, between Portland, OR and
Vancouver, WA to accommodate a major rehabilitation of the mechanical
and electrical systems of the bridges. From July 15, 2004, to August 6,
2004, the lift spans would be closed and from August 6, 2004, to
October 15, 2004, the draws would open for the passage of vessels once
every two weeks according to an established schedule. The affected
period approximates the annual season of low water on the Columbia when
the maximum vertical clearance will be available.
DATES: Comments and related material must reach the Coast Guard on or
before October 20, 2003.
ADDRESSES: You may mail comments and related material to Commander
(oan), 13th Coast Guard District, 915 Second Avenue, Seattle, WA 98174-
1067 where the public docket for this rulemaking is maintained.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying at the Aids to Navigation and Waterways Management Branch
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Austin Pratt, Chief Bridge Section,
(206) 220-7282.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD13-03-
027], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
An abbreviated comment period is in effect for this proposal in
order to expedite processing. This will allow the bridge owner to
advertise the project for bidding with adequate lead-time and as
described by the limits to the project set by the temporary rule
promulgated in the light of comments received.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Aids to Navigation and
Waterways Management Branch at the address under ADDRESSES explaining
why one would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
The proposed temporary rule would enable the bridge owners to
conduct a major rehabilitation project during the part of the year when
water levels are typically low enough that most vessels do not need the
drawspans to open for their passage. The seven million dollar project
would completely replace the existing 1959 electrical system in both
bridges and the 1916 gears in the northbound drawbridge. In addition,
the operating control center would be rebuilt with improved visibility
and new television cameras. During the first three weeks of the period,
the dual lifts would remain in the down position to facilitate gear
replacement. Thereafter, openings would be provided once every two
weeks, if needed, until the end of the temporary period. Historically,
water levels on the Columbia River fluctuate significantly over the
course of an annual cycle. Essentially, water levels are dependent on
the accumulation of snow in the winter and its melting in the spring
and early summer. The annual dry season in the Pacific Northwest is
typically from approximately July 15 to October 15. Usually rainfall
begins to raise water levels again after October 15.
A river elevation of 6.0 feet Columbia River Datum (CRD) is the
critical point for towboats on the Columbia River at and upstream of
the bridges. Cargo towing is the main commercial use of the Columbia
above the bridges. Large oceangoing vessels do not generally pass above
these bridges. The towboats that ply that portion of the Columbia
require 52 feet of vertical clearance. Most towing vessels and
passenger tour vessels are able to pass through the highest fixed spans
near midstream without requiring the vertical lift spans near the north
shore to open when the river level is six feet or less.
The exceptions are the tallest sailboats, some construction
derricks, and large structures that have been built upstream of the
bridges at shore facilities. With the exception of the first three
weeks of the affected period when the draws need not open, an opening
will be provided every two weeks. During summer months the openings
average less than one per day, mostly for sailboats, some of which
could pass the higher fixed spans if antennas were lowered.
Discussion of Proposed Rule
The established operating regulation for the Interstate 5 bridges
requires that the draws open on signal except that they need not open
from 6:30 a.m. to 9 a.m. and from 2:30 p.m. to 6 p.m.
[[Page 52723]]
Monday through Friday except federal holidays. Certain exceptions are
made for commercial vessels depending upon the river gauge.
The proposed temporary rule would authorize a continuous closure of
the draws from 6:30 a.m. July 15 to 9 p.m. August 6, 2004. On August 6
and 20, September 3 and 17 and October 1, 2004, openings will be
provided on signal at 9 p.m. Openings need not be provided at times
other than these from August 6 until 9 p.m. October 15. In the event
that the river runs at 6 feet Columbia River datum or higher between 9
p.m. on August 6 and 9 p.m. October 15, 2004, or the date the
drawbridges are restored to normal operation, the bridge owners would
provide an assist tug to commercial tows when requested by the towing
vessel master for safe passage through the bridges. For downbound tows,
this assist boat may be retained until a tow has safely passed the
Burlington Northern Santa Fe swing span 0.8 mile downstream of the dual
highway bridges. The master of the vessel would inform the draw tender
prior to arrival at the I-5 bridges whenever an assist boat is to be
used.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
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
Homeland Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
We do expect recreational sailboats to be affected by this
temporary rule. This class of vessel most commonly requires openings of
the subject drawbridges during the summer months. Some of these vessels
will either have to find alternate moorage or otherwise be limited in
their operating areas during the project. Others will be able to modify
their top hamper by lowering antennas, instruments, masts, etc., in
order to pass the bridge if the biweekly scheduled openings do not
serve their needs. These vessel operators will receive notice of
several months duration to plan their activities for summer 2004.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises 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 under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. We expect that some recreational sailboat
owners will be affected by this proposal. Most other vessels will
either not require openings of the draws during low water season or
will be accommodated by the biweekly scheduled openings. Some sail
boaters will have to change their moorage and itineraries or modify
their vessels to avoid delays.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Austin Pratt, Chief, Bridge
Section at (206) 220-7282.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the
[[Page 52724]]
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have
concluded that there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation. There are no expected environmental consequences of the
proposed action that would require further analysis and documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub.L. 102-587, 106 Stat. 5039.
2. From 6:30 a.m. on July 15, 2004, until 9 p.m. on October 15,
2004, in Sec. 117.869, suspend paragraph (a) and add a new paragraph
(d) to read as follows:
Sec. 117.869 Columbia River.
* * * * *
(d) The draws of the Interstate 5 Bridges, mile 106.5, between
Portland, OR, and Vancouver, WA, need not open for the passage of
vessels from 6:30 a.m. on July 15, 2004, to 9 p.m. on August 6, 2004,
and at no other time until 9 p.m. on October 15 except for scheduled
openings on signal at 9 p.m. on August 6 and 20 and September 3 and 17
and October 1, 2004.
Dated: August 21, 2003.
Jeffrey M. Garrett,
Rear Admiral, Coast Guard Commander, Thirteenth Coast Guard District.
[FR Doc. 03-22564 Filed 9-4-03; 8:45 am]
BILLING CODE 4910-15-P