[Federal Register Volume 59, Number 35 (Tuesday, February 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3925]


[[Page Unknown]]

[Federal Register: February 22, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 11-93-001]

 

Drawbridge Operation Regulations; Eureka Slough, CA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the North Coast Railroad, the Coast Guard is 
amending the regulation for the North Coast Railroad Bridge crossing 
Eureka Slough, mile 0.3 at Eureka. The existing regulation requires 24 
hour advance notice for openings. The amended regulation stipulates 
that the draw need not open for the passage of vessels, however the 
draw must be restored to full operation within six months of 
notification to take such action from the District Commander. This 
amendment will relieve the bridge owner of the burden of maintaining 
the machinery and of having a person available to open the draw, and 
will still provide for the reasonable needs of navigation.

EFFECTIVE DATE: This rule is effective March 24, 1994.

FOR FURTHER INFORMATION CONTACT:
Jerry P. Olmes, Bridge Section, Eleventh Coast Guard District, at (510) 
437-3514.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Jerry 
P. Olmes, Project Manager, and Lieutenant Robin Barber, Project 
Attorney.

Regulatory History

    In 58 FR 7497, Feb. 8, 1993, the Coast Guard published a notice of 
proposed rulemaking to amend the regulation that the draw no longer 
need open for the passage of vessels. In addition, the Commander, 
Eleventh Coast Guard District also published the proposal in a Public 
Notice dated February 16, 1993. Six comments were received on the 
proposal. A public hearing was not requested and one was not held.

Background and Purpose

    Presently, the North Coast Railroad Bridge is required to open on 
signal if at least 24 hours advance notice is given. The North Coast 
Railroad had requested that the draw no longer need open for vessels 
since there had been no requests for opening for at least eight years. 
Except for tests, Coast Guard bridge records show no bridge openings 
for at least thirty-six years.

Discussion of Comments and Changes

    The Coast Guard received 6 comments on the Notice of Proposed 
Rulemaking. Four offered no objection. The California Department of 
Boating and Waterways (CalBoating) requested that the Coast Guard 
reevaluate the need for persons to be available to operate the bridge 
if boating activities increase. The Humboldt County Association of 
Governments (HCAOG) objected to the original proposal, as they felt 
that permanent closure was too final an action to take. Even though no 
vessel had requested an opening for many years, the HCAOG's Technical 
Advisory Committee (TAC) felt that the bridge should remain functional, 
and suggested possibly a 30 day window for notice of opening. The TAC 
advised that many business and properties upstream of the bridge had 
dikes which were in some disrepair, that fuel spills or hazardous 
material in the slough could be inapproachable should the bridge be 
closed on a permanent basis, and that bridge closure could impact 
future economic development along reaches of the Eureka Slough by 
eliminating waterfront access.
    The Coast Guard found that dike and levee maintenance is presently 
done by dragline instead of dredges and that pollution response would 
likely be done from landside as well. The bridge would not prevent 
small motorboats from reaching sites upstream of the bridge to 
transport pollution containment booms or investigate spills. The 
regulation would prevent larger vessels from travelling upstream or 
mooring upstream. The CalBoating and HCAOG comments prompted the Coast 
Guard to develop a compromise proposal that the bridge need not open 
for vessels, but in the event of development requiring bridge openings, 
the bridge would be restored to service in six months upon order of the 
District Commander. On September 22, 1993, the HCAOG agreed to the 
compromise, and on January 6, 1994, the North Coast Railroad also 
agreed.

Regulatory Evaluation

    This rule is not considered a significant regulatory action under 
Executive Order 12866 and is not significant under the Department of 
Transportation Regulatory Policies and Procedures (44 FR 11040, 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a Regulatory Evaluation is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule will have a significant 
economic impact 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). Because it expects the impacts of this change to be 
minimal, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will 
not have a significant impact on a substantial number of small 
entities.

Collection of Information

    This rule 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 has determined that 
this rule does not raise sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under section 2.B.2.g.(5) of Commandant Instruction 
M16475.1B, promulgation of operating requirements or procedures for 
drawbridges is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination is available in 
the docket.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

Subpart B--Specific Requirements

    1. The authority citation for part 117 continues to read as 
follows:


    Authority: 33 U.S.C. 499; 49 CFR 1.46; and 33 CFR 1.05-1(g).


    2. Section 117.155 is revised to read as follows:


Sec. 117.155  Eureka Slough.

    The draw of the North Coast Railroad Bridge, mile 0.3 at Eureka, 
need not be opened for the passage of vessels. The owner or agency 
controlling the bridge shall restore the draw to full operation within 
six months of notification to take such action from the District 
Commander.


    Dated: February 3, 1994.
R.D. Herr,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 94-3925 Filed 2-18-94; 8:45 am]
BILLING CODE 4910-14-M