![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Drawbridge Operations Regulations; Columbia River, OR
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 23, 2000 (Volume 65, Number 122)]
[Rules and Regulations]
[Page 39105-39107]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn00-19]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION 4910-15-U
Coast Guard
33 CFR Part 117
[CGD13-00-008]
RIN 2115-AE47
Drawbridge Operations Regulations; Columbia River, OR
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising the operating regulations for the
dual Interstate 5 drawbridges across the Columbia River, mile 106.5,
between Portland, Oregon, and Vancouver, Washington. The temporary rule
will enable the bridge owner to paint the lift tower of the northbound
bridge by permitting the vertical lift span to be maintained in the
closed (down) position from July 15 to September 15, 2000, provided
that the water level at the bridge remains at or below 6 feet (Columbia
River Datum or CRD) measured as the daily mean.
DATES: This rule is effective from July 15 to September 15, 2000.
ADDRESSES: Unless otherwise noted, documents referred to in this
preamble are available for inspection and copying at 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:
Regulatory History
The Coast Guard published a temporary final rule in the Federal
Register (64 FR 37678) on July 13, 1999. That rule temporarily revised
the operating regulations from July 15 to September 15, 2000, as well
as a similar period in the summer of 1999. Prior to that final rule the
Coast Guard published a notice of proposed rulemaking in the Federal
Register (64 FR 17134) on April 8, 1999. The Coast Guard received no
letters in response to the proposed rulemaking. No public hearing was
requested and none was held. Previous discussions with navigational
interests and the U.S. Army Corps of Engineers disclosed the optimal
time during the year for the closure period. We did not publish a
notice of proposed rulemaking (NPRM) for this regulation.
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing an NPRM. This final rule does not change the
previously published bracketing dates for the draw closure. Under 5
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register. This rule does not change the previously advertised
closure dates, which were published in the Federal Register (64 FR
37678) on July 13, 1999.
Background
The purpose of the temporary change to the operation regulations of
Sec. 117.869 is to permit the bridge owner to paint the remaining lift
span tower of the northbound bridge. The other tower was painted in the
summer of 1999. The adjacent southbound bridge on I-5 is a newer
structure and is not included in this painting project. However, its
draw span operates normally in unison with the southbound draw span and
therefore will be affected by the final rule.
Current containment requirements to prevent pollution from the lead
paint removal make it necessary to install an envelope around the tower
which supports the movable span and to isolate the wire ropes within
the towers from contamination. This containment system makes it
impossible to operate the lift span while it is in place. Derigging
such a containment system can not be achieved in a timely fashion for
opening the drawbridge for the passage of vessels.
[[Page 39106]]
The closed period is during that part of the year that coincides
with lower water levels on the Columbia River. Most vessels are able to
pass through one of the two higher fixed spans of the structure south
of the drawspan when the river is low. This obviates the need for the
dual draw-bridges to open for these vessels. The containment system
will not intrude into the high fixed span or the northern half of the
wide fixed span at the same time.
This change to the rule is based on the request of the Oregon
Department of Transportation (ODOT). After several discussions with the
Coast Guard and waterway users, ODOT requested that the commencement of
the project (closure of the drawspans) be permitted when the daily mean
river level is less than 6 feet CRD. This offers a more practical start
criterion than the previously specified 6 feet (CRD) that did not
countenance the intermediate period in July when the river level
fluctuates around 6 feet (CRD) on a daily basis. The other issue of
great concern is the point at which the river might rise to 6 feet CRD
towards the end of the project. As previously described, the project
could have been terminated at a rise in river level to 6 feet CRD. In
that event the contractor would derig the containment system and
restore the draw to normal operation. However, since the containment
system cannot be removed quickly, ODOT is concerned that the river
level might fall back below 6 feet CRD after an order to derig is
received. Derigging for normal operation of the drawspan could take one
to two weeks. The Coast Guard concurs that a prediction of three days
or more at 6 feet (CRD) for the daily mean will be the minimum period
for demanding that the state derig the containment system once it has
been installed. The source of the prediction would be the Northwest
River Forecast Center, U.S. Army Corps of Engineers. Records indicate
that such a rise is improbable before September 15th. Furthermore, the
Columbia River Towboat Association has suggested that the state could
find relief from derigging at higher water if an assist tug were
provided at the bridge owner's expense. In the event that such
conditions do occur, the District Commander may elect to delay an order
to derig if the draw closure can be mitigated temporarily by the
provision of assist tugs at the expense of the state of Oregon.
Discussion of Comments and Changes
The Coast Guard did not publish another proposed rule for the
change that is made in this temporary final rule. The only change is a
more precise definition of river level for start and stop of the
drawspan closure. This change accounts for those days in July every
year when the water level may fluctuate above and below 6 feet CRD. The
mean daily level of 6 feet CRD will serve the reasonable needs of
navigation and the painting project.
Regulatory Evaluation
This final 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 that
order to be unnecessary. The final rule would permit vital maintenance
to be performed without unreasonable inconvenience to river traffic.
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 of less than 50,000. The
Coast Guard certifies that this rule will not have a significant impact
on a substantial number of small entities.
Collection of Information
This proposal calls for no new collection of information
requirements under the Paperwork Reduction Act (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 final
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 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 for this final rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard amends 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; 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 Sec. 117.869, paragraph (a)(3) is removed, and from July 15,
2000, to September 15, 2000, a new paragraph (a)(3) is added to read as
follows:
Sec. 117.869 Columbia River.
(a) * * *
(3) The draws of the dual Interstate 5 Bridges, mile 106.5, between
Portland,
[[Page 39107]]
OR, and Vancouver, WA, need not open for the passage of vessels from
July 15 to September 15, 2000, provided that the river level remains at
or below 6 feet Columbia River Datum for a daily mean. If the river
level rises to 6 feet or more measured as the daily mean for more than
three consecutive days prior to September 15, 2000, the draws shall
operate as provided in paragraphs (a)(1) and (2) of this section when
directed by the District Commander.
Dated: June 15, 2000.
Erroll Brown,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 00-15953 Filed 6-22-00; 8:45 am]
BILLING CODE 4910-15-U