[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Proposed Rules]
[Pages 72752-72754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28476]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-1141, formerly CGD11-03-005]
RIN 1625-AA09


Drawbridge Operation Regulations; Connection Slough, Bacon 
Island, 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 Connection Slough 
Drawbridge, originally published at 68 FR 183 (Sept. 22, 2003). The 
revised proposal reopens the comment period. The proposal is being 
revised at the request of the bridge owner to include drawbridge 
operator contact information, for waterway users to schedule drawspan 
openings during advance notice periods. The proposal would ensure a 
drawbridge operator can be contacted, is present at the drawbridge 
during identified increased navigation periods, and reduces the hours a 
drawbridge operator is required to be at the drawbridge and not 
gainfully employed.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before March 2, 2009 
or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2008-1141 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (4) Fax: 202-493-2251.
    To avoid duplication, please use only one of these methods. For 
instructions on submitting comments, see the ``Public Participation and 
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section 
below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Mr. David H. Sulouff, Bridge Administrator, (510) 437-3516. 
If you have questions on viewing or submitting material to the docket, 
call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-1141), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an e-mail address, or a phone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2008-1141'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or delivery, submit them in an unbound 
format, no larger than 8.5 by 11 inches, suitable for copying and 
electronic filing. If you submit them by mail and would like to know 
that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change this 
proposed rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2008-1141 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays; or the Commander (dpw), Eleventh Coast Guard District, Bridge 
Section, Bldg. 50-2 Coast Guard Island, Alameda, CA, between 8 a.m. and 
4 p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316); or you may visit http:// 
DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the Docket Management Facility 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

    Tuscany Research Institute and CCRC Farms, LLC, owners of 
Mandeville Island and owner/operators of the drawbridge between 
Mandeville and Bacon Islands, mile 2.5, Connection Slough, near 
Stockton, CA, have requested Coast Guard review of the existing 
drawbridge operating regulation found in Title 33, Code of Federal 
Regulations, Part 117.150. The present request from the bridge owner 
included detailed drawbridge operating logs from January 2000 through 
June 2008, showing seasonal peak vessel operating times through the 
drawbridge, and documenting a significant decrease in calls for 
operation of the drawspan between September 16 and May 14, 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.
    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

[[Page 72753]]

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.

Discussion of Proposed Rule

    The proposed changes to 33 CFR 117.150, will not relieve the bridge 
owner from opening the drawspan for waterway traffic. The existing and 
proposed regulations allow the drawbridge owner to operate the 
drawbridge with advance notice, during certain dates and times. The 
drawspan will not be allowed to remain closed or to obstruct 
navigation, when the proper signals to open have been given.
    The proposed changes are as follows:
    From May 15 through September 15 the drawbridge shall open on 
signal between the hours of 9 a.m. and 5 p.m., and it shall open upon 
12 hours advance 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 advance notice between the hours of 9 a.m. and 5 p.m., and it 
shall open upon 24 hours advance notice between the hours of 5 p.m. and 
9 a.m.
    Advance notice shall be given to the drawbridge operator by 
telephone at (209) 464-2959 or (209) 464-7928 weekdays between 8 a.m. 
and 5 p.m., and at (209) 993-8878 all other times.
    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 the drawbridge owner 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.
    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 
will be removed from the regulation.
    The Coast Guard requires the bridge owner to install signage 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.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    We expect the economic impact of this proposed rule on commercial 
traffic operating on the waterway to be so minimal that a full 
Regulatory Evaluation is unnecessary.

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. This proposed rule is neutral to all business 
entities since it only clarifies how the bridge is operated and the 
bridge is still required to open on demand for vessels.
    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.

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 that 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 Mr. David H. Sulouff, Bridge 
Administrator, Eleventh Coast Guard District, Bridge Section, at (510) 
437-3516. The Coast Guard will not retaliate against small entities 
that question or complain about this proposed rule or any policy or 
action of the Coast Guard.

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. Though this proposed rule will not

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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 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 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 may 
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 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 Department of Homeland 
Security Management Directive 5100.1 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination under the Instruction that this 
action is not likely to have a significant effect on the human 
environment. There are no factors in this case that would limit the use 
of a categorical exclusion under section 2.B.2 of the Instruction. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; Department of Homeland 
Security Delegation No. 0170.1.

    2. Revise Sec.  33 CFR 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 advance notice between the 
hours of 5 p.m. and 9 a.m.; and from September 16 through May 14 the 
draw shall open upon 12 hours advance notice between the hours of 9 
a.m. and 5 p.m., and it shall open upon 24 hours advance notice between 
the hours of 5 p.m. and 9 a.m.
    Advance notice shall be given to the drawbridge operator by 
telephone at (209) 464-2959 or (209) 464-7928 weekdays between 8 a.m. 
and 5 p.m., and at (209) 993-8878 all other times.

    Dated: November 12, 2008.
P.F. Zukunft,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. E8-28476 Filed 11-28-08; 8:45 am]
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