[Federal Register Volume 69, Number 117 (Friday, June 18, 2004)]
[Proposed Rules]
[Pages 34100-34103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13821]


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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: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard has revised its proposal to amend the 
regulations governing the operation of the

[[Page 34101]]

Connection Slough Drawbridge. The revised proposal reopens the comment 
period. It emphasizes the continued availability of the drawspan to 
open for vessel passage, at any time, with advance notice dates and 
times adjusted, to coincide with documented seasonal reductions in 
navigation on the waterway. The proposal would ensure a bridge operator 
is present during identified increased navigation periods, and reduce 
the hours a drawbridge operator is required to be at the drawbridge and 
not gainfully employed.

DATES: Comments and related materials must be received by September 16, 
2004.

ADDRESSES: Comments and related materials received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, are part of docket [CGD11-03-005] and are available for 
inspection or copying at the Eleventh Coast Guard District, Bridge 
Office, Building 50-3, Coast Guard Island, Alameda, CA 94501-5100, 
between 7 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. The telephone number is (510) 437-3516. The Coast Guard 
Bridge Office 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:

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 drawbridge owner, Central California Redevelopment Company 
(CCRC Farms), requested changing the dates and times for advance notice 
for drawspan operation at 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 drawbridge while continuing to meet the reasonable needs of 
vessel traffic.
    CCRC Farms provided drawbridge operating logs for a two-year period 
that documented a significant decrease in calls for operation of the 
drawspan between September 15 and May 15, annually, or between the 
hours of 5 p.m. and 9 a.m. This supports their request to adjust the 
existing advance notice period to more closely match the reduced 
navigational activity.
    On September 22, 2003, we published a Notice of Proposed Rule 
Making (NPRM), entitled ``Drawbridge Operation Regulations; Connection 
Slough, Stockton, CA'' in the Federal Register (Volume 68, Number 183). 
The information was also published in the Coast Guard Local Notice to 
Mariners (LNM), 40/3, dated October 7, 2003.
    The wording in the NPRM and LNM did not clearly emphasize that the 
drawspan will continue to be available for passage of vessels on a 24 
hour, 7 day per week basis. It became apparent by the comments received 
that many waterway users are unfamiliar with the existing regulation, 
and unaware of their ability to have the drawspan open at any time by 
providing advance notice.
    The NPRM requested comments no later than October 22, 2003, and did 
not provide sufficient comment period for the proposed rule. We 
continued to accept comments on the NPRM through February 2004.
    Between September 22, 2003 and February 2004, we received 
approximately 220 letters and observed at least 2 articles in a local 
publication that objected to a reduced availability of the drawbridge 
to open for vessels. Apparently, the waterway users had not read or not 
understood the intent of the information contained in the Federal 
Register NPRM or the Coast Guard LNM prior to commenting, but reacted 
to comments promulgated locally by unofficial sources. For this reason, 
we will provide copies of this SNPRM, in writing, to the local media 
and to those who commented previously, to ensure any replies to our 
office are based upon the official proposal.
    The existing regulation, 33 CFR 117.150, requires the drawbridge, 
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.
    It is important to note that the existing regulation presently 
allows the drawbridge owner to operate the drawbridge with advance 
notice, during certain dates and times. It does not allow the 
drawbridge to remain closed or to obstruct navigation, when the proper 
signals to open have been given. Many comments, received in response to 
the NPRM, indicated a lack of understanding of the existing advance 
notice operation. The Coast Guard will ensure signs are installed on 
the upstream and downstream sides of the drawbridge, in compliance with 
33 CFR 117.55, to post the advance notice schedules, with telephone 
numbers and point of contact to be notified for drawbridge operation.

Discussion of Proposed Rule

    The proposed changes are as follows: From May 15 through September 
15 the drawbridge 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 proposed changes would lower the costs of operating the bridge for 
the bridge owner without significantly impacting navigation.
    As proposed, this change would not reduce the availability of the 
drawspan to open for vessels. It would require mariners to contact the 
drawbridge earlier, when planning a transit through the drawbridge 
during the advance notice periods.
    The proposed change would allow the drawbridge to be operated on an 
advance notice schedule, similar to other nearby drawbridges on 
adjacent channels in the Delta. It would allow CCRC Farms to utilize 
the drawbridge operator more effectively during documented navigational 
inactivity at the drawbridge, and still have the operator available at 
the drawbridge to provide an opening when a vessel arrives.

[[Page 34102]]

    Should the proposed change be implemented and fail to meet the 
reasonable needs of vessel traffic, nothing in this proposal or the 
Final Rule would preclude review and adjustment of the regulation to 
ensure navigational needs are satisfied. In support of documenting the 
effectiveness of the proposed change, and potential future changes, the 
Coast Guard will require CCRC Farms continued submission of drawbridge 
operating logs and land traffic counts at this drawbridge.
    Mariners are encouraged to notify the Coast Guard Bridge Office 
promptly of any alleged violation of drawbridge operating regulations, 
to allow effective investigation and correction of bridge-related 
discrepancies.
    Since all drawbridges are subject to emergency operation in 
compliance with 33 CFR 117.31, the individual emergency operation text 
would be removed from the regulation.

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 (DHS).
    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 across the drawbridge 
were submitted by CCRC Farms in support of their request, showing 
little demand for bridge openings during the proposed periods of 
advance notice. Nothing in the proposed regulation change would relieve 
the bridge owner from the requirement to open the drawbridge for 
vessels, at any time, when the proper signals have been given. 
Therefore, the impact of the proposed regulation change 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 expand the existing advance notice periods for opening 
the drawbridge. The drawbridge will continue to be required to open for 
vessels at any time, when the proper signals have been given. 
Therefore, the impact of the proposed regulation change is expected to 
be minimal.
    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.

Collection of Information

    This proposed rule calls for no new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The Coast 
Guard will not retaliate against small entities that question or 
complain about this rule or any policy or action of the Coast Guard.

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. 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these

[[Page 34103]]

standards would be inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards are technical standards 
(e.g., specifications of materials, performance, design, or operation; 
test methods; sampling procedures; and related management systems 
practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

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; 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. 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.

    Dated: June 9, 2004.
Kevin J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 04-13821 Filed 6-17-04; 8:45 am]
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