[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Proposed Rules]
[Pages 16736-16737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9437]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD13-96-004]
Drawbridge Operation Regulations; Oregon Slough, OR
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: At the request of the Burlington Northern Santa Fe Railroad,
the Coast Guard is proposing a change to the regulations governing the
operation of the railroad swingspan bridge across Oregon Slough,
Portland,
[[Page 16737]]
Oregon. The proposed change would increase the advance notice required
for opening of the swingspan from one half hour to one hour so that
sufficient time is available for the bridge operator to travel to the
bridge during periods of heavy traffic congestion on area roads and
highways.
DATES: Comments must be received on or before June 17, 1996.
ADDRESSES: Comments should be mailed to Commander (oan), Thirteenth
Coast Guard District, 915 Second Avenue, Seattle, Washington 98174-
1067. The comments and other materials referenced in this notice will
be available for inspection and copying at 915 Second Avenue, Room
3410, Seattle, Washington. Normal office hours are between 7:45 a.m.
and 4:15 p.m., Monday through Friday, except federal holidays. Comments
may also be hand-delivered to this address.
FOR FURTHER INFORMATION CONTACT:
John E. Mikesell, Chief, Plans and Programs Section, Aids to Navigation
and Waterways Management Branch, (Telephone: (206) 220-7270).
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 include their names and addresses,
identify this rulemaking (CGD13-95-011) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in 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 this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Commander, Thirteenth Coast Guard
District at the address under ADDRESSES. The request should 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 proposed change would allow the operator more time to arrive at
the drawbridge. The operating regulations currently in effect require
only one half hour notice for requesting openings. However, even when
land traffic conditions on roads in the vicinity of the bridge are at
their best, one half hour barely provides the operator enough time to
travel to the bridge and commence operations. Land traffic volumes near
the bridge have increased in the Portland area since the current
regulations went into effect. A one hour notice period would allow the
operator sufficient travel time to arrive at the bridge and open it in
a timely fashion. The bridge averages 1-2 openings per day in months of
frequent use and in other months considerably fewer openings. Vessels
which require openings of the swingspan include tugs, fishing vessels,
and sailboats.
Discussion of Proposed Rule
The proposed rule would amend 33 CFR 117.887 to state that the draw
shall open on signal if at least one hour notice is given.
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 cost and benefits under section 6(a)(3) of that order. It has
been exempted from review 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
proposed rule to be so minimal that a full regulatory evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This expectation is based on the fact that the current
notice period would only be increased by one half hour under the
proposed amendment.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
effect on a substantial number of small entities. ``Small entities''
include independently owned and operated small businesses that are not
dominant in their field and that otherwise qualify as ``small business
concerns'' under section 3 of the Small Business Act (15 U.S.C. 632).
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if
adopted, will not have a significant impact on a significant number of
small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612, and it has been determined
that the proposed rulemaking does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2. of Commandant
Instruction M16475.B, this proposal is categorically excluded from
further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying.
List of Subjects in 33 CFR Part 117
Bridges.
Proposed Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend 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);
Sec. 117.225 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.887 is revised to read as follows:
Sec. 117.887 Oregon Slough (North Portland Harbor).
The draw of the Burlington Northern Santa Fe Railroad Bridge, mile
3.2 at Portland, Oregon, shall open on signal if at least one hour
notice is given.
Dated: April 2, 1996.
J.W. Lockwood,
Rear Admiral, U.S. Coast Guard, Commander, 13th Coast Guard District.
[FR Doc. 96-9437 Filed 4-16-96; 8:45 am]
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