[Federal Register Volume 68, Number 183 (Monday, September 22, 2003)]
[Proposed Rules]
[Pages 55020-55022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24016]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD11-03-005]
RIN 1625-AA09


Drawbridge Operation Regulations; Connection Slough, Stockton, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating requirements 
of the Reclamation District Drawbridge across Connection Slough, 
between Mandeville and Bacon Islands, near Stockton, CA, by reducing 
the periods of time when the drawspan is required to open on signal for 
the passage of vessels and by increasing the advance notice periods. 
The bridge owner requests these changes in order to reduce the costs of 
operating the drawbridge. The proposed action would reduce the number 
of hours the bridge needs to be manned and, therefore, would reduce 
costs to the owner.

DATES: Comments and related material must reach the Coast Guard on or 
before October 22, 2003.

[[Page 55021]]


ADDRESSES: You may mail comments and related material to Commander 
(oan), Eleventh Coast Guard District, Building 50-3, Coast Guard 
Island, Alameda, CA 94501-5100. The Bridge Section maintains the public 
docket for this rulemaking. Comments and material received from the 
public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at Commander (oan), Eleventh Coast 
Guard District, Building 50-3, Coast Guard Island, Alameda, CA 94501-
5100 between 8 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, telephone (510) 437-3516.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [CGD11-03-
005], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Coast Guard Bridge Section at 
the address under ADDRESSES explaining why one would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    The bridge owner, Central California Redevelopment Company (CCRC 
Farms), has requested changing the dates and times for manning their 
Reclamation District drawbridge, crossing Connection Slough between 
Mandeville and Bacon Islands, near Stockton, CA. The reason for the 
proposal is to reduce operating costs of the bridge while continuing to 
meet the reasonable needs of vessel traffic.
    The existing regulation, 33 CFR 117.150, requires the bridge, from 
May 1 through October 31, to open on signal between the hours of 6 a.m. 
and 10 p.m., and from November 1 through April 30, to open on signal 
between the hours of 9 a.m. and 5 p.m. All other times the drawbridge 
must open on signal if notice is given at least 4 hours in advance. The 
drawbridge must open upon 1-hour notice for emergency vessel operation.

Discussion of Proposed Rule

    The proposed changes are as follows: From May 15 through September 
15 the bridge would open on signal between the hours of 9 a.m. and 5 
p.m., and it would open upon 12 hours notice between the hours of 5 
p.m. and 9 a.m. From September 16 through May 14 the bridge would open 
upon 12 hours notice between the hours of 9 a.m. and 5 p.m., and it 
would open upon 24 hours notice between the hours of 5 p.m. and 9 a.m. 
The bridge would continue to open upon 1-hour notice for emergency 
vessel operation. The above changes would lower the costs of operating 
the bridge for the bridge owner without significantly impacting 
waterway users.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary. Vessel counts derived from 
drawbridge operating logs and land traffic counts were submitted by 
CCRC Farms in support of their request, showing little demand for 
bridge openings during the proposed periods of advance notice. The 
Coast Guard, through individual correspondence, also requested comments 
regarding the proposed changes from established waterway 
representatives and known operators. The Coast Guard did not receive 
any responses from these users of the waterway. The above counts and 
lack of response from waterway users show that there is little or no 
requirement for opening the drawbridge during the proposed periods of 
advance notice, therefore the impact of the proposed regulation is 
expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. No small entities were identified that would 
be affected by the proposed rule. Vessel traffic counts indicate the 
waterway users presently requiring operation of the drawspan would 
continue to receive the same level of service at the bridge. The 
proposal is to decrease unnecessary manning of the bridge during times 
and dates when the bridge historically has not been called for an 
opening.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year.

[[Page 55022]]

Though this proposed rule would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this proposed rule is categorically excluded, 
under figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation, since promulgation of drawbridge 
regulations has been determined not to have any effect on the 
environment.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 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; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Revise Sec.  117.150 to read as follows:


Sec.  117.150  Connection Slough.

    The draw of the Reclamation District No. 2027 bridge between 
Mandeville and Bacon Islands, mile 2.5 near Stockton, from May 15 
through September 15, shall open on signal between the hours of 9 a.m. 
and 5 p.m., and it shall open upon 12 hours notice between the hours of 
5 p.m. and 9 a.m. From September 16 through May 14 the bridge shall 
open upon 12 hours notice between the hours of 9 a.m. and 5 p.m., and 
it shall open upon 24 hours notice between the hours of 5 p.m. and 9 
a.m. The bridge shall open on signal if at least one-hour notice is 
given for emergency operations or vessels in distress.

    Dated: September 9, 2003.
J.M. Hass,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard 
District.
[FR Doc. 03-24016 Filed 9-18-03; 12:01 pm]
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