Drawbridge Operations Regulations; Columbia River, OR

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD13-99-011]

RIN 2115 AE47

Drawbridge Operations Regulations; Columbia River, OR

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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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

[[Page 34750]]

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

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. 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. 99-16533 Filed 6-28-99; 8:45 am]

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