[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Rules and Regulations]
[Pages 35825-35826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14042]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

CGD11-00-003
RIN 2115-AE47


Drawbridge Operating Regulations; China Basin, Mission Creek, San 
Francisco, CA

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Commander, Eleventh Coast Guard District is temporarily 
changing the regulation governing the Third Street Drawbridge, Mile 
0.0, across Mission Creek, China Basin, San Francisco, CA. The 
drawbridge need not open for vessel traffic and may remain in the 
closed-to-navigation position from 8:30 a.m. to 10:30 a.m. on July 9, 
2000. This temporary rule is issued to allow the public to cross the 
bridge to participate in the scheduled Second Annual Chronicle 
Marathon, a community event.

DATES: This temporary rule is effective from 8:30 a.m. to 10:30 a.m. on 
July 9, 2000.

ADDRESSES: The public docket and all documents referred to in this 
notice will be available for inspection and copying at offices of the 
Commander (oan-2), Building 50-6, Eleventh Coast Guard District, Coast 
Guard Island, Alameda, CA 94501-5100 50-6, between 7 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: David H. Sulouff, Chief, Bridge 
Section, Eleventh Coast Guard District, Building 50-6 Coast Guard 
Island, Alameda, CA 94501-5100, telephone 510-437-3516.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. This rule is being promulgated 
without an NPRM due to the short time frame available between the 
submission of the request by the Department of Public Works of the City 
of San Francisco and the date of the event. Under 5 U.S.C. 553(d)(3), 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register.

Background and Purpose

    On May 10, 2000, the Department of Public Works of the City of San 
Francisco requested a temporary change to the operation of the Third 
Street Bridge across Mission Creek, China Basin at Mile (0.0) in San 
Francisco, California. The Third Street Drawbridge navigation span 
provides vertical clearance of 8 feet above MLLW in the closed-to-
navigation position. Navigation on the waterway consists of both 
commercial and recreational watercraft. Presently, the draw is required 
to open on signal if at least one hour advance notice is given. The 
City requested the drawbridge be permitted to remain closed to 
navigation from 8:30 a.m. to 10:30 a.m. on July 9, 2000. During this 
time the bridge will be crossed by participants in the scheduled Second 
Annual Chronicle Marathon. This temporary drawbridge operation 
amendment has been coordinated with the waterway users. No objections 
to the proposed rule were raised.

Regulatory Evaluation

    This temporary rule 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 not been reviewed by the Office of Management and 
Budget under that Order. It is not a ``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 temporary rule to be so minimal that a full 
Regulatory Evaluation under paragraph 10(e) of the regulatory policies 
and procedures of DOT is unnecessary. This is because waterway traffic 
is not likely to be delayed more than two hours.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard must consider whether this temporary rule will have a significant 
economic impact on a substantial number of small entities. The term 
``small entities'' comprises small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and government jurisdictions with populations 
of less than 50,000.
    This rule will be in effect for only 2 hours early in the day and 
the Coast Guard expects the impact of this action to be minimal. 
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b), that this 
action will not have a significant economic impact on a substantial 
number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Any 
individual that qualifies or, believes he or she qualifies as a small 
entity and requires assistance with the provisions of this rule, may 
contact David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard 
District, Building 50-6, Coast Guard Island, Alameda, CA 94501-5100, 
telephone 510-437-3516.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under the principles and criteria 
contained in Executive Order 13132, and have determined that this rule 
does not have implications of federalism under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

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Environmental

    The Coast Guard considered the environmental impact of this 
temporary rule and concluded that under Chapter 2.B.2 and Figure 2-1, 
32(e) of Commandant Instruction M16475.1C, this temporary rule 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 amends 
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. Sec. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); 
section 117.225 also issued under the authority of Pub. L. 102-587, 
106 Stat. 5039.

    2. From 8:30 a.m. to 10:30 a.m., July 9, 2000, Sec. 117.149 is 
suspended and a new Sec. 117.T148 is temporarily added to read as 
follows:


Sec. 117.T148  China Basin, Mission Creek.

    The draw of the Third Street Drawbridge, China Basin mile (0.0), at 
San Francisco, California need not open from 8:30 a.m. to 10:30 a.m. on 
July 9, 2000. During this time it may remain closed to navigation.

    Dated: May 25, 2000.
T.H. Collins,
Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 00-14042 Filed 6-5-00; 8:45 am]
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