[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Rules and Regulations]
[Pages 17247-17248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9656]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD11-95-02]
RIN-2115-AE47


Drawbridge Operation Regulations; Little Potato Slough

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: At the request of the California Department of Transportation, 
the Coast Guard is amending the regulation for the Highway 12 Swing 
Bridge crossing over Little Potato Slough, mile 1.0, at Terminous, near 
Stockton, California. The amended regulation stipulates that the draw 
must open on 4 hours advance notice at all times. This amendment will 
allow the bridge owner to reduce operating expenses, and will provide 
for the reasonable needs of navigation.

EFFECTIVE DATE: May 20, 1996.

FOR FURTHER INFORMATION CONTACT:
 Christian G. Cerles, Bridge Section, Eleventh Coast Guard District, 
Building 10, Room 214, Coast Guard Island, Alameda, CA. 94501-5100. The 
telephone number is (510) 437-3514.

SUPPLEMENTARY INFORMATION:

Discussion of the Amendment

Regulatory History

    On February 10, 1995, the Coast Guard published a Notice of 
Proposed Rulemaking for these regulations in the Federal Register (60 
FR 7928). Interested parties were given until April 11, 1995 to submit 
comments. The Coast Guard received 40 comments on the proposal. A 
public hearing was not requested and one was not held.

Background and Purpose

    The Coast Guard is changing the operating regulation for the Little 
Potato Slough swing bridge to require 4 hours advance notice at all 
times. The Little Potato Slough swing bridge was rebuilt at a higher 
elevation in 1991. Prior to its reconstruction, the bridge provided 
only 9 feet vertical clearance at Mean High Water and opened more than 
3,000 times each year for vessel passage. After reconstruction, it 
provides 35 feet vertical clearance and opens much less frequently. In 
1993 it opened only 239 times, an average of less than one opening each 
day. The Little Potato Slough Bridge can now pass most vessels without 
an opening, and the remaining vessels can be accommodated with openings 
provided on advanced notice.

[[Page 17248]]

Discussion of comments

    One marina owner and one recreational mariner wrote in support of 
the regulation. The Coast Guard received 29 postcards and 1 letter 
indicating general opposition to any change in the regulations for 
Sacramento and San Joaquin River Delta drawbridges. No specific 
information was provided in those postcards and letter. The owners of 
the Tower Park Marina, adjacent to the bridge, opposed the change on 
the basis that it would be an inconvenience to their customers and 
would result in a loss of business. They recommended that the existing 
regulation be revised slightly to begin the winter operation schedule 
one month earlier. Five recreational mariners who moor at, or frequent 
Tower Park Marina also opposed the change as an inconvenience to their 
use of the waterway. One of them recommended a shorter summer attended 
schedule and one recommended openings on the hour or at other 
predetermined times. The owner of the Steamboat Resort opposed any 
reduced drawbridge service, and recommended providing attended service 
during high use periods.
    Although the advance notice will be less convenient for mariners 
than attended service, it will accommodate all requests for bridge 
openings. The number of openings averages less than one per day year-
round (1.3 openings per day during the summer months), thus the 
regulation should meet the reasonable needs of navigation. The 4 hour 
notice requirement is consistent with the notice requirements for other 
bridges in this area, and has been used successfully in the past during 
the unattended periods.
    Two recreational mariners pointed out that a shoal at the mouth of 
the Mokelumne River, the alternate waterway route, limits the access 
for deeper draft recreational vessels. The new regulation will provide 
for bridge openings at any time-with 4 hours advance notice, thus 
deeper draft recreational vessels and commercial vessels will continue 
to have access through Little Potato Slough.
    The Dutra Dredging Company (Dutra) opposed the change as a 
restriction on their operations including emergency response. As noted 
above, although the advance notice will be less convenient for mariners 
than attended service, it will accommodate all requests for bridge 
openings. Second, emergency bridge openings must be provided at all 
drawbridges ``as soon as possible'' for vessels in distress or 
commercial vessels engaged in rescue or emergency salvage operations, 
under 33 CFR 117.31. Dutra questioned whether openings would be 
provided on 4 hour notice and believed that openings would be very 
numerous on summer weekends. The applicant reaffirmed that openings 
would be provided on 4 hours advance notice and provided bridge logs 
which showed that there was no significant difference between openings 
on summer weekdays or summer weekend days. Dutra also questioned 
whether the operators called to open the bridge would be adequately 
trained. The applicant advised that all personnel involved in operating 
the bridge would be appropriately trained. Dutra noted that there have 
been incidents of high-masted vessels losing power near the bridge and 
if there was no one available to open the bridge promptly, there would 
be damage to both the bridge and vessel. That is a possibility, 
however, under those circumstances, the presence of a bridge operator 
would not guarantee the safety of either the vessel or bridge, nor 
would the absence of a bridge operator guarantee damage to either the 
vessel or bridge.

Small Entities

    Currently, the number of bridge openings averages less than one per 
day year-round. Since the number of affected vessels is small, and the 
regulation will still provide access for them, the economic impact to 
the adjacent marina should also be small. Therefore, 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.

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.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of costs 
under section 6(a)(3) of that order. It has not been reviewed by the 
Office of Management and Budget under that order. It 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.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

List of Subjects in 33 CFR Part 117

    Bridges.

Regulation

    For the reasons set out in the preamble, the Coast Guard is 
amending 33 CFR Part 117 as follows:
    1. The authority citation for Part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; CFR 1.46; and 33 CFR 1.05-1(g); 
section 117.255 also issued under the authority of Pub. L. 102-587, 
106 Stat. 5039.

    2. Section 117.167 is revised to read as follows:


Sec. 117.167   Little Potato Slough.

    The draw of the California Department of Transportation highway 
bridge, mile 0.1, at Terminus, shall open on signal if at least 4 hours 
notice is given to the drawtender at the Rio Vista bridge across the 
Sacramento River, mile 12.8.

    Dated: March 6, 1996.

R.A. Appelbaum,

Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.

[FR Doc. 96-9656 Filed 4-18-96; 8:45 am]

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