[Federal Register Volume 69, Number 79 (Friday, April 23, 2004)]
[Rules and Regulations]
[Pages 21956-21958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9196]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD11-03-006]
RIN 1625-AA09


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing 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 action is to 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: This rule is effective May 24, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD11-03-006 and are available for inspection or 
copying at Commander

[[Page 21957]]

(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. The Bridge Section, 
Eleventh Coast Guard District, maintains the public docket for this 
rulemaking.

FOR FURTHER INFORMATION CONTACT: David H. Sulouff, Chief, Bridge 
Section, Eleventh Coast Guard District, telephone (510) 437-3516.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On November 25, 2003, the notice of proposed rulemaking (NPRM), 
entitled Drawbridge Operation Regulations; Mare Island Strait, Napa 
River, Vallejo, CA, was published in the Federal Register. We received 
one letter and one telephone call commenting on the proposed rule. No 
public meeting was requested, and none was held.

Background and Purpose

    To reduce drawbridge operating costs, The City of Vallejo requested 
an increase in rush hour closure periods. However, reduced traffic, 
following Navy closure of the Mare Island Naval Shipyard in the 1990's, 
no longer justifies rush hour closure periods. The City of Vallejo also 
requested an increase in hours when vessels provide advance notice for 
drawspan operation. Drawbridge operation logs justify the increased 
advance notice hours, as these hours coincide with periods when vessels 
have not historically requested an opening. The changes made by this 
rule are expected to reduce bridge operating costs while continuing to 
meet the reasonable needs of waterway traffic.

Discussion of Comments and Changes

    The single letter received during the comment period indicated 
misinterpretation of the word ``normal,'' when referring to operational 
periods of the drawspan. The expressed concern was the possibility for 
navigational delays to slower vessels, enroute between the Napa River 
and Sacramento and San Joaquin Delta destinations, eight to ten hours 
away. The desire was not to have to wait until 9 a.m. for a bridge 
opening, so as not to make an already long trip longer, and necessitate 
completing the voyage during hours of darkness. The use of the word 
normal, concerning drawbridge operating times, has been removed from 
the regulation.
    Since the two-hour advance notice requirement presently does not 
affect vessel transit times, no change is expected to result from the 
adjusted advance notice times. The two-hour advance notice request 
period does not preclude the ability of the drawbridge to open promptly 
and fully for the passage of vessels when they arrive at the drawbridge 
for a pre-arranged opening, and no delays in arrival at a destination 
should result from the rulemaking.
    The telephone conversation with the City of Vallejo provided a 24-
hour telephone number for communicating bridge opening requirements to 
the bridge. The city preferred to not direct mariners to contact the 
Police Department Dispatcher, due to possible conflicts with 
established dispatcher duties, and the reference has been removed from 
the regulation. During the time when a drawbridge operator is present, 
the phone rings at the bridge. During advance notice periods, the phone 
rings at the appropriate City of Vallejo office to arrange for drawspan 
operation. The regulatory text has been amended to include the 24-hour 
telephone number provided by the City of Vallejo.
    Since all drawbridges are subject to emergency operation in 
compliance with 33 CFR 117.31, including public vessels of the United 
States, the individual emergency operation text has been removed from 
the regulation.
    The City of Vallejo requested consideration for future review of 
rush hour closure periods at this drawbridge. Nothing in this rule 
prevents future review of drawbridge operating regulations at this 
drawbridge.
    There are no drawbridges under Coast Guard jurisdiction on the 
tributaries to Napa River and Mare Island Strait. Therefore, the 
reference to ``tributaries'' has been removed from the regulation.
    The Mare Island Drawbridge is no longer owned or operated by the 
U.S. Navy, and the drawbridge structure does not meet the definition of 
a ``causeway.'' Therefore, references to the U.S. Navy and Mare Island 
Causeway have been removed from the regulation.

Regulatory Evaluation

    This 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 (DHS).
    The rulemaking will not result in significant negative impacts to 
the waterway users, while reducing drawbridge operating costs for the 
City of Vallejo.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule 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 offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process.

Collection of Information

    This rule calls 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 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. Though this 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 rule will 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.

[[Page 21958]]

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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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 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 rule is categorically excluded, under figure 2-1, 
paragraph (32)(e) of the Instruction, from further environmental 
documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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.

0
2. In Sec.  117.169a revise the section heading and paragraph 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. When the drawbridge 
operator is present, mariners may contact the drawbridge via marine 
radio or telephone at (707) 648-4313 for drawspan operation. When the 
drawbridge operator is not present, mariners may contact the City of 
Vallejo via the same telephone number to schedule drawspan operation.
* * * * *

    Dated: April 12, 2004.
Kevin J. Eldridge
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 04-9196 Filed 4-22-04; 8:45 am]
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