[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6517]


[[Page Unknown]]

[Federal Register: March 21, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD11-93-02]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Snodgrass Slough, CA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of Sacramento County, the Coast Guard is 
amending the regulation for the Twin Cities Road Bridge crossing over 
Snodgrass Slough, mile 4.4 near Walnut Grove, California. The existing 
regulation requires 24 hours advance notice for openings. The amended 
regulation stipulates that the draw need open on 72 hours advance 
notice. This amendment will relieve the bridge owner of the burden of 
having a person on call to open the draw, and will still provide for 
the reasonable needs of navigation. The bridge has been opened only 38 
times including tests since 1979.

EFFECTIVE DATE: April 20, 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 53896, Oct. 19, 1993, the Coast Guard published a notice 
of proposed rulemaking to amend the regulation that the draw open on 72 
hours advance notice. In addition, the Commander, Eleventh Coast Guard 
District also published the proposal in a Public Notice dated Oct. 15, 
1993. Six comments were received on the proposal. A public hearing was 
not requested and one was not held.

Background and Purpose

    The bridge was built in 1931 as a movable bridge to allow for the 
infrequent passage of dredges and marine construction equipment. No 
operating equipment is installed, and the county must send a road crew 
to open the bridge by hand or by a truck-mounted engine. To avoid 
having personnel on call and to reduce operating expenses, Sacramento 
County initially requested to change the regulation to ``Emergency 
Openings Only''. That request was denied because it would not have 
provided for the needs of existing and future navigation. The County 
revised their request to extend the 24 hours advance notice to 72 
hours, and that proposal was advertised as noted above.

Discussion of Comments and Changes

    The Coast Guard received 6 comments on the Notice of Proposed 
Rulemaking. Three offered no objection. A recreational vessel operator 
objected on the basis that the regulation would impose an undue 
restriction on the mariner. The regulation will require additional 
notice and additional planning for passage, however it is not unduly 
restrictive.
    A second objector, while agreeing with the proposal, felt as a 
taxpayer that openings should not be provided for recreational boats. 
Although there have been few bridge openings in recent years, more than 
half of those openings have been for recreational vessels, and most of 
the vessels operating on the waterway are recreational vessels. The 
Coast Guard believes that recreational boats comprise an important part 
of navigation on Snodgrass Slough and will continue to need access 
through the bridge in the future.
    A third objector, a dredging company, considered the 72 hour 
advance notice as too restrictive should emergency response require 
access upstream of the bridge. The Coast Guard has changed the final 
rule to state that the draw shall open as soon as possible for vessels 
in distress, and vessels, including commercial vessels, engaged in 
rescue or emergency salvage operations, or emergency flood control 
efforts.

Regulatory Evaluation

    This rule is not major under Executive Order 12866 and 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 the impact of this proposal is expected to be 
so 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:

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

    2. Section 117.195 is revised to read as follows:


Sec. 117.195  Snodgrass Slough.

    The draw of the Sacramento County bridge, mile 4.4 at Walnut Grove, 
shall open on signal if at least 72 hours notice is given to Sacramento 
County Transportation Operations and Maintenance office at Sacramento. 
The draw shall open as soon as possible for vessels in distress, and 
vessels, including commercial vessels, engaged in rescue or emergency 
salvage operations or emergency flood control efforts.

    Dated: February 22, 1994.
R.D. Herr,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 94-6517 Filed 3-18-94; 8:45 am]
BILLING CODE 4910-14-M