[Federal Register: June 18, 2004 (Volume 69, Number 117)]
[Proposed Rules]
[Page 34100-34103]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn04-41]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD11-03-005]
RIN 1625-AA09
Drawbridge Operation Regulations; Connection Slough, Stockton, CA
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard has revised its proposal to amend the
regulations governing the operation of the
[[Page 34101]]
Connection Slough Drawbridge. The revised proposal reopens the comment
period. It emphasizes the continued availability of the drawspan to
open for vessel passage, at any time, with advance notice dates and
times adjusted, to coincide with documented seasonal reductions in
navigation on the waterway. The proposal would ensure a bridge operator
is present during identified increased navigation periods, and reduce
the hours a drawbridge operator is required to be at the drawbridge and
not gainfully employed.
DATES: Comments and related materials must be received by September 16,
2004.
ADDRESSES: Comments and related materials received from the public, as
well as documents indicated in this preamble as being available in the
docket, are part of docket [CGD11-03-005] and are available for
inspection or copying at the Eleventh Coast Guard District, Bridge
Office, Building 50-3, Coast Guard Island, Alameda, CA 94501-5100,
between 7 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The telephone number is (510) 437-3516. The Coast Guard
Bridge Office maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District, telephone (510) 437-3516.
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 [CGD11-03-
005], 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.
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 Coast Guard Bridge Section 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 drawbridge owner, Central California Redevelopment Company
(CCRC Farms), requested changing the dates and times for advance notice
for drawspan operation at their Reclamation District drawbridge,
crossing Connection Slough between Mandeville and Bacon Islands, near
Stockton, CA. The reason for the proposal is to reduce operating costs
of the drawbridge while continuing to meet the reasonable needs of
vessel traffic.
CCRC Farms provided drawbridge operating logs for a two-year period
that documented a significant decrease in calls for operation of the
drawspan between September 15 and May 15, annually, or between the
hours of 5 p.m. and 9 a.m. This supports their request to adjust the
existing advance notice period to more closely match the reduced
navigational activity.
On September 22, 2003, we published a Notice of Proposed Rule
Making (NPRM), entitled ``Drawbridge Operation Regulations; Connection
Slough, Stockton, CA'' in the Federal Register (Volume 68, Number 183).
The information was also published in the Coast Guard Local Notice to
Mariners (LNM), 40/3, dated October 7, 2003.
The wording in the NPRM and LNM did not clearly emphasize that the
drawspan will continue to be available for passage of vessels on a 24
hour, 7 day per week basis. It became apparent by the comments received
that many waterway users are unfamiliar with the existing regulation,
and unaware of their ability to have the drawspan open at any time by
providing advance notice.
The NPRM requested comments no later than October 22, 2003, and did
not provide sufficient comment period for the proposed rule. We
continued to accept comments on the NPRM through February 2004.
Between September 22, 2003 and February 2004, we received
approximately 220 letters and observed at least 2 articles in a local
publication that objected to a reduced availability of the drawbridge
to open for vessels. Apparently, the waterway users had not read or not
understood the intent of the information contained in the Federal
Register NPRM or the Coast Guard LNM prior to commenting, but reacted
to comments promulgated locally by unofficial sources. For this reason,
we will provide copies of this SNPRM, in writing, to the local media
and to those who commented previously, to ensure any replies to our
office are based upon the official proposal.
The existing regulation, 33 CFR 117.150, requires the drawbridge,
from May 1 through October 31, to open on signal between the hours of 6
a.m. and 10 p.m., and from November 1 through April 30, to open on
signal between the hours of 9 a.m. and 5 p.m. All other times the
drawbridge must open on signal if notice is given at least 4 hours in
advance. The drawbridge must open upon 1-hour notice for emergency
vessel operation.
It is important to note that the existing regulation presently
allows the drawbridge owner to operate the drawbridge with advance
notice, during certain dates and times. It does not allow the
drawbridge to remain closed or to obstruct navigation, when the proper
signals to open have been given. Many comments, received in response to
the NPRM, indicated a lack of understanding of the existing advance
notice operation. The Coast Guard will ensure signs are installed on
the upstream and downstream sides of the drawbridge, in compliance with
33 CFR 117.55, to post the advance notice schedules, with telephone
numbers and point of contact to be notified for drawbridge operation.
Discussion of Proposed Rule
The proposed changes are as follows: From May 15 through September
15 the drawbridge would open on signal between the hours of 9 a.m. and
5 p.m., and it would open upon 12 hours notice between the hours of 5
p.m. and 9 a.m. From September 16 through May 14 the bridge would open
upon 12 hours notice between the hours of 9 a.m. and 5 p.m., and it
would open upon 24 hours notice between the hours of 5 p.m. and 9 a.m.
The proposed changes would lower the costs of operating the bridge for
the bridge owner without significantly impacting navigation.
As proposed, this change would not reduce the availability of the
drawspan to open for vessels. It would require mariners to contact the
drawbridge earlier, when planning a transit through the drawbridge
during the advance notice periods.
The proposed change would allow the drawbridge to be operated on an
advance notice schedule, similar to other nearby drawbridges on
adjacent channels in the Delta. It would allow CCRC Farms to utilize
the drawbridge operator more effectively during documented navigational
inactivity at the drawbridge, and still have the operator available at
the drawbridge to provide an opening when a vessel arrives.
[[Page 34102]]
Should the proposed change be implemented and fail to meet the
reasonable needs of vessel traffic, nothing in this proposal or the
Final Rule would preclude review and adjustment of the regulation to
ensure navigational needs are satisfied. In support of documenting the
effectiveness of the proposed change, and potential future changes, the
Coast Guard will require CCRC Farms continued submission of drawbridge
operating logs and land traffic counts at this drawbridge.
Mariners are encouraged to notify the Coast Guard Bridge Office
promptly of any alleged violation of drawbridge operating regulations,
to allow effective investigation and correction of bridge-related
discrepancies.
Since all drawbridges are subject to emergency operation in
compliance with 33 CFR 117.31, the individual emergency operation text
would be removed from the regulation.
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 (DHS).
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. Vessel counts derived from
drawbridge operating logs and land traffic counts across the drawbridge
were submitted by CCRC Farms in support of their request, showing
little demand for bridge openings during the proposed periods of
advance notice. Nothing in the proposed regulation change would relieve
the bridge owner from the requirement to open the drawbridge for
vessels, at any time, when the proper signals have been given.
Therefore, the impact of the proposed regulation change is expected to
be minimal.
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. No small entities were identified that would
be affected by the proposed rule. Vessel traffic counts indicate the
waterway users, presently requiring operation of the drawspan, would
continue to receive the same level of service at the bridge. The
proposal is to expand the existing advance notice periods for opening
the drawbridge. The drawbridge will continue to be required to open for
vessels at any time, when the proper signals have been given.
Therefore, the impact of the proposed regulation change is expected to
be minimal.
If you think your business, organization, or governmental
jurisdiction qualifies as a small entity and 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.
Collection of Information
This proposed rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The Coast
Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.
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 would 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these
[[Page 34103]]
standards would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., specifications of materials, performance, design, or operation;
test methods; sampling procedures; and related management systems
practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 proposed rule is categorically excluded,
under figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation, since promulgation of drawbridge
regulations has been determined not to have any effect on the
environment.
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. Revise Sec. 117.150 to read as follows:
Sec. 117.150 Connection Slough.
The draw of the Reclamation District No. 2027 bridge between
Mandeville and Bacon Islands, mile 2.5, near Stockton, from May 15
through September 15, shall open on signal between the hours of 9 a.m.
and 5 p.m., and it shall open upon 12 hours notice between the hours of
5 p.m. and 9 a.m. From September 16 through May 14 the bridge shall
open upon 12 hours notice between the hours of 9 a.m. and 5 p.m., and
it shall open upon 24 hours notice between the hours of 5 p.m. and 9
a.m.
Dated: June 9, 2004.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 04-13821 Filed 6-17-04; 8:45 am]
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