[Federal Register Volume 60, Number 89 (Tuesday, May 9, 1995)]
[Proposed Rules]
[Pages 24599-24601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11297]



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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 117

[CGD11-95-003]
RIN 2115-AE47


Drawbridge Operation Regulations; Oakland Inner Harbor Tidal 
Canal, CA

Agency: Coast Guard, DOT.

action: Notice of proposed rulemaking.

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summary: At the request of the Alameda County, California Public Works 
Agency, the Coast Guard is considering amending the regulation or the 
draws of the Alameda County vehicular bridges crossing the Oakland 
Inner Harbor Tidal Canal at the following locations: Park Street, mile 
7.3; Fruitvale Avenue, mile 7.7; High Street, mile 8.1; as well as the 
U.S. Army Corps of Engineers railroad bridge, mile 7.7 at Fruitvale 
Avenue. Under the existing regulations, the draws are attended 24 hours 
per day, and open on signal except during designated morning and 
afternoon commute periods. The proposed amendment requires attended 
service 16 hours per day, preserves the existing commute hours 
closures, and provides for openings on four-hour notice during 
nighttime hours when an operator is not in constant attendance. This 
amendment will allow the bridge owner to reduce operating expenses and 
should still provide for the reasonable needs of navigation. In 
addition, the identifying waterway mileage designating the location of, 
and the call sign for, each bridge would be revised to conform with the 
currently utilized standard of measurement.

dates: Comments must be received on or before June 23, 1995.

addresses: Comments may be mailed to Commander (oan-br), Eleventh Coast 
Guard District, Room 214, Building 10, Coast Guard Island, Alameda, CA 
94501-5100, or may be delivered to Room 214 at the same address between 
8 a.m. and 3 p.m., Monday through Friday, except Federal holidays.
    Commander (oan-br), Eleventh Coast Guard District maintains the 
public docket for this rulemaking. Comments will become part of the 
docket and will be available for inspection or copying at Room 214, 
Building 10, Coast Guard Island, Alameda, between 8 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

for further information contact: Jerry P. Olmes, Bridge Section, 
Eleventh Coast Guard District, telephone (510) 437-3514.

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 (CGD11-95-003) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. The Coast Guard requests that comments and attachments be 
submitted in an unbound format suitable for copying and electronic 
filing. If this is not practical, a second copy of any bound materials 
is requested. Persons desiring acknowledgment of receipt of comments 
should enclose a stamped, self-addressed postcard or envelope.
    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 Project Manager at the address under 
ADDRESSES. The request should include 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.

Drafting Information

    The principal persons involved in drafting this document are Jerry 
P. Olmes, Eleventh Coast Guard District Bridge Section, Project 
Manager, and Lieutenant Robin J. Barber, Eleventh Coast Guard District 
Legal Office, Project Counsel.

Background and Purpose

    The four drawbridges used for automobile and railroad traffic 
across the Oakland Inner Harbor Tidal Canal are operated and maintained 
by the County of Alameda, California. The U.S. Army Corps of Engineers 
(USACOE) railroad bridge at Fruitvale Avenue is owned by the USACOE, 
but is operated by the County in coordination with the Fruitvale Avenue 
automobile bridge. The minimum vertical clearance of the lowest of the 
bridges in the closed position is 13 feet (3.96 meters) above Mean High 
Water (MHW).
    At present, under the rules in 33 CFR 117.181 the bridges have 
attended service 24 hours per day and open upon signal, except for 
morning and afternoon commute hours closures. Historically, the Park 
Street Bridge is the most frequently opened bridge, opening about 1,500 
times annually to allow 2,000 vessels to pass. Approximately 60% of the 
openings are for recreational vessels, which travel predominantly 
during daylight hours, and one third of the openings are for commercial 
vessels, which historically transit at all hours.
    An analysis of the County's logs of bridge openings at the series 
of bridges for the year ending March 31, 1993 indicates that 96% of 
transiting [[Page 24600]] recreational vessels and 73% of commercial 
vessels signaled for openings between 6 a.m. and 10 p.m., weekdays, and 
between 7 a.m. and 11 p.m., weekends and holidays.

Discussion of the Proposed Amendment

    The proposed operating regulation would affect bridge openings only 
during nighttime hours. Between 6 a.m. and 10 p.m., Monday through 
Friday, and between 7 a.m. and 11 p.m., Saturdays, Sundays, and Federal 
holidays, the present system of operation, including weekday morning 
and afternoon commute hours closures, would not change. During all 
other periods, the proposed regulations would require the draws to open 
on signal if at least four hours advance notice is given to either the 
drawtender at the Park Street Bridge or to the Alameda County Public 
Works Agency at Hayward.
    The vast majority of vessel transits would be unaffected by this 
amendment. The recreational and commercial vessel traffic transit 
requirements are substantially reduced during the proposed designated 
nighttime hours. Therefore, the Coast Guard considers a requirement of 
advance notice to request draw openings during these hours of reduced 
vessel traffic to be reasonable. The proposed amendment would permit 
the bridges operator to reduce operating expenses while still ensuring 
that all draw opening requests are accommodated, and still provided for 
the reasonable needs of navigation.
    Commercial vessels transiting the series of bridges usually 
constitute tug and barge combinations, which have restricted 
maneuverability. In order to meet the reasonable needs of navigation of 
these vessels, the proposed regulation would require that sufficient 
draw operators be provided for openings requested during the nighttime 
period to ensure that commercial vessels which have provided four-hour 
advance notice may make a continuous transit though the series of 
bridges without having to slow their transit or wait between bridges 
for openings.
    The existing regulation contains a provision that the draws will 
open for vessels in distress and emergency vessel traffic ``as soon as 
possible.'' Since the existing regulation was promulgated the Coast 
Guard has established in 33 CFR 117.31 a general regulation applicable 
to all drawbridges, which requires that a bridge operator ``take all 
reasonable measures to have the draw opened, regardless of the 
operating schedule of the draw, for the passage of'' emergency vessels 
and vessels in distress. The existing reference to emergency openings 
in 33 CFR 117.181 would therefore be eliminated as redundant. The Coast 
Guard believes that the proposed change will continue to provide for 
emergency needs.
    The present regulations reflect the USACOE traditional method of 
measurement of waterway mileage in statute miles. The Coast Guard and 
the operators of other bridges in the area designate bridge location 
using nautical miles, and the proposed rule reflects this latter 
standard of measurement. The location designations and call signs in 33 
CFR 117.181 and in appendix A to part 117 would also be changed to 
reflect a measurement baseline of the first point of land defining the 
Oakland Inner Harbor Tidal Canal, as is currently used by the Coast 
Guard and the other bridge operators and to reflect changes to call 
signs monitored.

Regulatory Evaluation

    This proposal is not a significant regulatory action under Section 
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 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 
proposal to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the Department of Transportation regulatory policies 
and procedures is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' may include (1) small business and not-
for-profit organizations that are independently owned and operated and 
are not dominant in their fields, and (2) governmental jurisdictions 
with populations of less than 50,000. Because it expects the impact of 
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposal, if adopted, will not have a significant 
economic impact on a substantial number of small entities.

Paperwork Reduction Act

    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 has determined that 
this proposal does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2. of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

    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); section 
117.255 is also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.181 is revised to read as follows:


Sec. 117.181  Oakland Inner Harbor Tidal Canal.

    The draws of the Alameda County highway bridges at Park Street, 
mile 5.2; Fruitvale Avenue, mile 5.6; and High Street, mile 6.0; and 
the U.S. Army Corps of Engineers railroad bridge, mile 5.6 at Fruitvale 
Avenue, shall open on signal as follows:
    (a) From 6 a.m. through 10 p.m. Monday through Friday, excluding 
Federal holidays, except that from 7:30 a.m. to 8:30 a.m. and 3:45 p.m. 
to 5:45 p.m. Monday through Friday, the draws need not be opened for 
the passage of vessels. However, the draws shall open during the above 
closed periods for vessels which must, for reasons of safety, move on a 
tide or slack water, if at least two hours notice is given.
    (b) From 7 a.m. through 11 p.m. Saturdays, Sundays, and Federal 
holidays.
    (c) At all other times if at least four hours advance notice is 
given. Advance notice may be given to the drawtender at the Park Street 
Bridge or to the Alameda County Public Works Agency at Hayward. For any 
commercial vessel [[Page 24601]] which has provided four hours advance 
notice of its intended transit, the bridge owners shall provide 
sufficient drawtenders so that the commercial vessel will not have to 
slow its transit or wait between bridges for openings.
    3. Appendix A to part 117 is amended to revise the Oakland Inner 
Harbor Tidal Canal entries under the State of California to read as 
follows:

                        Appendix A to Part 117.--Drawbridge Equipped With Radiotelephones                       
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                                                                                          Calling      Working  
        Waterway           Mile      Location     Bridge name and owner    Call sign      channel      channel  
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*                  *                  *                  *                  *                  *                
                                                        *                                                       
California                                                                                                      
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Oakland Inner Harbor         5.2  Oakland......  Park Street, Alameda    WHV 996                 16            9
 Tidal Canal.                                     County.                                                       
                             5.6  Oakland......  Fruitvale Avenue,       WQB 330                 16            9
                                                  Alameda County.                                               
                             6.0  Oakland......  High Street, Alameda    WHX 488                 16            9
                                                  County.                                                       
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    Dated: April 27, 1995.
R.A. Appelbaum,
Rear Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard 
District.
[FR Doc. 95-11297 Filed 5-8-95; 8:45 am]
BILLING CODE 4910-14-M