[Federal Register Volume 68, Number 227 (Tuesday, November 25, 2003)]
[Proposed Rules]
[Pages 66059-66062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29389]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD11-03-006]
RIN 1625-AA09


Drawbridge Operation Regulations; Mare Island Strait, Napa River, 
Vallejo, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulation governing 
the operation of the Mare Island Drawbridge, spanning the Napa River 
between the City of Vallejo and Mare Island, CA., by eliminating the 
rush-hour closure periods when the drawspan need not open for vessels 
and by increasing the hours when vessels provide advance notice for 
drawspan operation. The proposed action would

[[Page 66060]]

reduce bridge operating costs without reducing the ability of vessels 
to transit the drawbridge, thereby continuing to meet the reasonable 
needs of waterway traffic.

DATES: Comments and related material must reach the Coast Guard on or 
before January 26, 2004.

ADDRESSES: You may mail comments and related material to Commander 
(oan), Eleventh Coast Guard District, Bridge Section, Building 50-3, 
Coast Guard Island, Alameda, CA 94501-5100. This office 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, Bridge Section, 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-
006], 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. You may submit a 
request for a meeting by writing to the Bridge Section, Eleventh Coast 
Guard District, at the address under ADDRESSES explaining why one would 
be beneficial. If we determine 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 Mare Island Drawbridge crosses the Napa River between the City 
of Vallejo (``Vallejo'') and Mare Island, CA. The existing regulation 
governing the operation of the drawbridge, found at 33 CFR Sec.  
117.169, requires the drawbridge to open on signal from 7:30 a.m. to 
3:45 p.m. and 4:45 p.m. to 10 p.m. Monday through Friday except Federal 
holidays, and from 6:30 a.m. to 10 p.m. on Saturdays, Sundays and 
holidays. The drawbridge need not open for the passage of vessels other 
than public vessels of the United States from 6:30 a.m. to 7:30 a.m. 
and 3:45 p.m to 4:45 p.m. except Saturdays, Sundays, and Federal 
holidays; and must be opened on signal from 10 p.m. to 6:30 a.m. daily, 
if at least two hours notice is given, and as soon as possible during 
this period for public vessels of the United States.
    For the purpose of reducing the drawbridge operating costs, Vallejo 
has requested to increase the rush-hour closure periods and to increase 
the hours when vessels provide advance notice for drawspan operation. 
Drawbridge operation logs support increasing the hours of advance 
notice to include periods when vessels historically have not called for 
an opening.
    However, the present morning and afternoon land traffic flows no 
longer justify rush-hour closure periods when the bridge need not open 
for passage of vessels. The current regulation was promulgated when the 
U.S. Navy was still based at Mare Island. Following the departure of 
the Navy from Mare Island, traffic across the Mare Island Drawbridge 
diminished significantly and the morning and evening rush-hour closure 
periods no longer are needed.
    The proposed changes would increase the number of hours vessels 
provide advance notice for drawspan operation and eliminate the rush-
hour closure periods. The proposed changes are expected to reduce 
bridge operating costs while continuing to meet the reasonable needs of 
waterway traffic.

Discussion of Proposed Rule

    The proposed changes are expected to simplify the regulation and 
reduce drawbridge operating costs, while continuing to meet the 
reasonable needs of waterway traffic.
    Vessel counts derived from drawbridge operating logs and land 
traffic counts show little demand for bridge openings during the 
evening hours and a significant decrease in rush-hour land traffic 
since the Navy departed from Mare Island.
    The proposed operating schedule would require the Mare Island 
Drawbridge to open on signal between the hours of 9 a.m. and 7 p.m. 
daily, and upon two hours advance notice all other times. During 
advance notice periods, the bridge would be required to open as soon as 
possible for emergency vessel operation. Mariners presently contact the 
City of Vallejo Police Department Dispatch Office to provide two-hour 
advance notice or for emergency operation of the drawspan. This 
practice would be codified in the proposed regulation. Also, the rush-
hour closure periods would be deleted and references to ``public 
vessels'' would be deleted.
    Navigational charts show the affected waterway to be a combination 
of the Mare Island Strait and the Napa River with no drawbridges on any 
of the tributaries. The Mare Island crossing is a drawbridge and does 
not meet the definition of a ``causeway''. The existing drawbridge is 
no longer owned or operated by the Navy. Therefore references to 
``tributaries'', ``causeway'' and ``U.S. Navy'' will be deleted and it 
will be referred to in the regulation as the Mare Island Drawbridge, 
Mare Island Strait and Napa River, mile 2.8, at Vallejo.
    The Coast Guard is requesting comments from the mariners through 
individual correspondence, Local Notice to Mariners, and transmittal of 
this Notice of Proposed Rulemaking to established waterway 
representatives and known operators on the waterway.

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. The proposed rule is not expected 
to result in significant negative impacts to the waterway users while 
providing relief to the bridge owner in the form of bridge operating 
costs. Impacts to the public waterway users are expected to be minimal 
based upon data provided by the bridge owner in the form of drawbridge 
operating logs and vessel traffic counts. This data indicates there is 
little or no requirement for keeping an operator on the drawbridge 
during the proposed periods of advance notice.

[[Page 66061]]

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, as none were identified that will be affected 
by the proposed changes.
    Vessel traffic counts indicate the waterway users would continue to 
receive the same level of service at the bridge. The proposal is to 
decrease unnecessary manning of the bridge during times when the bridge 
historically has not been called for an opening. Eliminating the rush-
hour closure periods would improve vessel access during periods when 
the bridge normally receives calls for openings.
    If you think your business, organization, or governmental 
jurisdiction qualifies as a small entity and 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the Eleventh Coast Guard 
District Bridge Office in writing at the address under ADDRESSES.

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 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. Though this proposed rule will 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 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 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 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 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 affect on the environment. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Section 117.169(a) is revised to read as follows:


Sec.  117.169  Mare Island Strait and The Napa River.

    (a) The draw of the Mare Island Drawbridge, mile 2.8, at Vallejo 
shall open on signal between the hours of 9 a.m. and 7 p.m. daily, and 
upon two hours advance notice all other times. Mariners should contact 
the City of Vallejo Police Department Dispatcher, to provide the two 
hour advance notice or for emergency operation of the drawspan.
* * * * *


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    Dated: November 13, 2003.
K.J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 03-29389 Filed 11-24-03; 8:45 am]
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