[Federal Register Volume 66, Number 70 (Wednesday, April 11, 2001)]
[Rules and Regulations]
[Pages 18723-18725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8895]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 11-99-013]
RIN-2115-AE47


Drawbridge Operation Regulations; Oakland Inner Harbor Tidal 
Canal, Alameda County, CA

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule; request for comments.

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SUMMARY: The Commander, Eleventh Coast Guard District changes the 
operating regulations for the railroad drawbridge and three highway 
drawbridges crossing the Oakland Inner Harbor Tidal Canal (Oakland 
Estuary), between Oakland and Alameda, California. The bridges are: 
Alameda County highway bridges at Park Street, mile 5.2; Fruitvale 
Avenue, mile 5.6; High Street, mile 6.0; and the Army Corps of 
Engineers railroad bridge, mile 5.6 at Fruitvale Avenue. This interim 
rule will more accurately align rush-hour closure periods of the 
drawbridges to the present needs of commuting land traffic, while 
continuing to meet the reasonable needs of navigation on the waterway. 
It states the above named bridges shall open on signal, except that, 
from 8 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m. Monday through Friday 
except Federal holidays, the draw need not be opened for the passage of 
vessels. It also incorporates an administrative change to correct the 
waterway mile-points of the affected bridges to coincide with existing 
U.S. Army Corps of Engineers measurements of the waterway.

DATES: This interim rule becomes effective on May 11, 2001. Comments 
must be received on or before July 10, 2001.

ADDRESSES: Comments may be mailed or hand-delivered to: Commander (oan-
2), Eleventh Coast Guard District, Bldg. 50-6, Coast Guard Island, 
Alameda, CA 94501-5100. The Commander (oan-2), maintains the public 
docket for this rulemaking.

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

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages all interested persons to participate in 
this interim rulemaking by submitting written data, views, or 
arguments. Persons submitting comments should identify this rulemaking 
(CGD 11-99-013), the specific section of the rule to which each comment 
applies, and the reason for each comment. All comments and attachments 
must be submitted in an unbound format, no larger than 8\1/2\  x  11 
inches, suitable for copying. Persons wanting acknowledgment of receipt 
of comments should enclose a stamped, self-addressed postcard or 
envelope. All comments and other materials referenced in this notice 
will be available for inspection and copying at the Coast Guard 
location under ADDRESSES, between 6:30 a.m. and 4 p.m. Monday through 
Friday except Federal holidays. The Coast Guard will consider all 
comments and material received during the comment period and may change 
this rule in view of them.

[[Page 18724]]

Public Hearing

    The Coast Guard plans no public hearing. Interested persons may 
request a public hearing by writing to the Coast Guard at the address 
under ADDRESSES. The request should include the reasons why a hearing 
would be beneficial. If it determines that the opportunity for oral 
presentations will aid in this rulemaking, the Coast Guard will hold a 
public hearing at a time and place to be announced by a later notice in 
the Federal Register.

Background and Purpose

    The existing governing regulation, 33 CFR 117.181, specifies that 
the drawbridges need not open for the passage of vessels from 7:30 a.m. 
to 8:30 a.m. and 3:45 p.m. to 5:45 p.m. Monday through Friday, except 
Federal holidays. The Coast Guard consulted with navigation, the city 
of Alameda and Alameda County to determine if the bridge closure times 
could be changed to improve commuting conditions for land traffic. 
Average daily traffic counts were obtained for the Park Street 
drawbridge, as it is the most congested. Waterway traffic and requests 
for bridge openings were also analyzed. On November 12, 1999, a Notice 
of Proposed Rulemaking (NPRM), CGD11-99-013, in the Federal Register 
(64 FR 61562) identified proposed commute closure periods during which 
all Oakland Estuary bridges may remain closed to navigation to more 
adequately accommodate commute traffic, while continuing to meet the 
reasonable needs of navigation. It proposed altering the existing 
governing regulation by stating these draws shall open on signal; 
except that from 8:30 a.m. to 9:30 a.m. and 5 p.m. to 7 p.m. Monday 
through Friday except Federal holidays, the draws need not be opened 
for the passage of vessels. Eleven persons commented. Two indicated no 
objection. One indicated differences in congestion times at different 
drawbridges. The remaining comments proposed increasing the duration of 
closures and creating noon-time, rush-hour closure periods; requiring 
collapsible masts on all new boats and retrofits of all existing boats; 
requiring vessels to access the waterway via the San Leandro Channel 
(1-3 foot depth at low tide); or relocating businesses upstream of the 
estuary bridges. These remaining comments have been determined not to 
meet the reasonable needs of navigation. The city of Alameda provided 
additional highway traffic counts for all estuary bridges. Assessment 
of peak congestion at the three highway bridges in 15-minute increments 
demonstrated a single hour closure from 8 a.m. to 9 a.m. and a two-hour 
closure from 4:30 p.m. to 6:30 p.m. would more accurately accommodate 
highway rush hour traffic. A review of bridge opening data revealed a 
temporary 200 percent increase in openings during several months 
preceding the comment period (July 1998), due to a one-time waterway 
improvement project. The U.S. Army Corps of Engineers was consulted and 
has indicated there is no similar activity planned in the foreseeable 
future.

Discussion of Interim Rule

    This Interim Rule incorporates an administrative change to correct 
the waterway mile-points of the affected bridges to coincide with 
existing U.S. Army Corps of Engineers measurements of the waterway. The 
new rule will read Park Street Bridge, mile 5.2 vice the existing rule 
mile 7.3; Fruitvale Avenue mile 5.6 vice the existing rule mile 7.7; 
High Street mile 6.0 vice the existing rule 8.1; and the U.S. army 
Corps of Engineers railroad bridge Fruitvale Avenue mile 5.6 vice the 
existing rule mile 7.7. This Interim Rule also amends the existing 
regulation to adjust the rush-hour periods when the Oakland Estuary 
bridges need not open for the passage of vessels. It states the above 
named bridges shall open on signal, except that, from 8 a.m. to 9 a.m. 
and 4:30 p.m. to 6:30 p.m. Monday through Friday except Federal 
holidays, the draw need not be opened for the passage of vessels. This 
changes the time period in the existing rule, 7:30 a.m. to 8:30 and 
3:45 p.m. to 5:45 p.m., for when the bridge need not open on signal. 
The proposed change is expected to improve highway traffic conditions 
during peak rush hours, while not adversely impacting navigation on the 
waterway.

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 
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 Department of 
Transportation Regulatory Policies and Procedures (DOT) (44 FR 11040, 
February 26, 1979). The Coast Guard expects the impact of this 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 
rule is merely shifting the time the bridge need not open on signal to 
coincide with rush hour traffic it is neither extending or shortening 
the closure period.

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. The term 
``Small entities'' may include small businesses and not-for profit 
organizations that are independently owned and operated and are not 
dominant in their respective fields, and governmental jurisdictions 
with populations less than 50,000. As set forth in the Background and 
Purpose section this rule was preceded by a Notice of Proposed Rule 
making no negative comments were received by small entities regarding 
this rule change. Therefore, the Coast Guard certifies under 5 U.S.C. 
605(b) that this rule, if adopted, is not expected to have a 
significant economic impact on any substantial number of small 
entities. If you think that your business, organization, or 
governmental jurisdiction qualifies as a small entity and that this 
rule will have a significant impact on it, please submit a comment. In 
your comment, explain why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    In accordance with 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Public Law. 104-121), the Coast Guard 
wants to assist small entities in understanding this Interim Rule so 
that they can better evaluate its effects on them and participate in 
the rule making process. If your small business or organization is 
affected by this rule and you have questions concerning its provisions 
or options for compliance, please contact the U.S. Coast Guard using 
information in Addresses above.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule in accordance with the 
principles and criteria contained in Executive Order 13132 and has 
determined it does not have implications of federalism under that 
order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), 
requires Federal agencies to assess the effects of their regulatory 
actions not specifically required by law. In particular, the Act

[[Page 18725]]

addresses actions that may result in the expenditure by a State, local, 
or tribal government, in aggregate, or by the private sector of 
$100,000,000 or more in any one year. Though this rule will not result 
in such an expenditure, the effects of this rule are discussed 
elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under Commandant Instruction M16475.1C, Figure 2-1, 
paragraph 32(e), this rule is categorically excluded from further 
environmental documentation, because it is a Bridge Administration 
Program action involving the promulgation of operating requirements or 
procedures for a drawbridge. 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. Section 117.181 is amended to read as follows:


Sec. 117.181  Oakland Inner Harbor Tidal Canal.

    The draws of the Alameda County highway drawbridges 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 drawbridge, mile 5.6 at 
Fruitvale Avenue, shall open on signal; except that, from 8 a.m. to 9 
a.m. and 4:30 p.m. to 6:30 p.m. Monday through Friday except Federal 
holidays, 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. The draws shall open as 
soon as possible for vessels in distress and emergency vessels, 
including commercial vessels engaged in rescue or emergency salvage 
operations.

    Dated: March 29, 2001.
E.R. Riutta,
U.S. Coast Guard, Commander, Eleventh Coast Guard District.
[FR Doc. 01-8895 Filed 4-10-01; 8:45 am]
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