[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Rules and Regulations]
[Pages 54954-54955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23331]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD11-00-006]

RIN 2115-AE47


Drawbridge Operating Regulations; Honker Cut, San Joaquin County, 
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 Eight Mile Road Drawbridge over 
Honker Cut, mile 0.3, San Joaquin County, California. The drawbridge 
need not open for vessel traffic and may remain in the closed-to-
navigation position from 1201 a.m. on September 5 until 1159 p.m. on 
December 21, 2000. This temporary rule is issued to allow the 
preventative maintenance, cleaning and painting of the bridge.

DATES: This temporary rule is effective from 12:01 a.m. on September 5 
until 11:59 p.m. on December 21, 2000.

ADDRESSES: The public docket and all documents referred to in this 
notice will be available for inspection and copying at the office of 
the Commander (oan-2), Building 50-6, Eleventh Coast Guard District, 
Coast Guard Island, Alameda, CA 94501-5100, 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 allowed between the 
submission of the request by the County of San Joaquin and the date of 
the maintenance. Additionally, extensive preliminary coordination with 
the waterway users was done and no negative impacts are expected. No 
negative comments were received and alternative navigational routes are 
available via Little Connection Slough or King Island Cut. The drawspan 
will be able to open if necessary, in the event of an emergency. 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. This rule should be made effective in less than 30 
days due to the short time frame allowed between the submission of the 
request by the County of San Joaquin and the date of the maintenance.

Background and Purpose

    On June 5, 2000, the County of San Joaquin requested a temporary 
change to

[[Page 54955]]

the operation of the Eight Mile Road Drawbridge over Honker Cut, mile 
0.3, San Joaquin County, California to allow for maintenance, cleaning 
and painting. The drawspan provides 4 feet vertical clearance above 
flood stage when 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 twelve 
hours advance notice is provided. The County requested the drawbridge 
be permitted to remain closed to navigation from September 5 until 
December 21, 2000. During this time the bridge will be enclosed with 
scaffolding and containment tarps while cleaning and painting 
operations are performed. 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 significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040, February 26, 1979). We expect 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 the average number of requests for opening 
the drawspan are seven per year and alternate navigational routes are 
available.

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.
    Due to the small number of requests to open the bridge per year and 
the availability of alternative routes, 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 they can better evaluate its 
effects on them and participate in the rulemaking process. Any 
individual who qualifies or, believes they qualify as a small entity, 
requiring 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 this rule does 
not have implications for 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 requiring unfunded 
mandates. An unfunded mandate is a regulation requiring a State, local, 
or tribal government or the private sector to incur direct costs 
without the Federal Government 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.

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 12:01 a.m. on September 5 until 11:59 p.m. on December 21, 
2000, Sec. 117.161 is suspended and a new Sec. 117.T162 is temporarily 
added to read as follows:


Sec. 117.T162  Honker Cut.

    The draw of the Eight Mile Road Drawbridge over Honker Cut, mile 
0.3, San Joaquin County, between Empire Tract and King Island at 
Stockton, California need not open for navigation from 12:01 a.m. on 
September 5 until 11:59 p.m. on December 21, 2000.

    Dated: September 5, 2000.
E.R. Riutta,
Vice Admiral, U.S. Coast, Guard Commander, Eleventh Coast Guard 
District.
[FR Doc. 00-23331 Filed 9-11-00; 8:45 am]
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