[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Rules and Regulations]
[Pages 74018-74019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28809]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-0648]
RIN 1625-AA09


Drawbridge Operation Regulation; Islais Creek, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulation for the 
Illinois Street drawbridge, mile 0.3, and the 3rd Street drawbridge, 
mile 0.4, over Islais Creek to open on signal if at least 72 hours 
advance notice is given. This action is warranted due to the minimal 
amount of vessels requiring drawbridge openings on the waterway.

DATES: This rule is effective January 5, 2009.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2008-0648 and are available online at 
http://www.regulations.gov. This material is also available for 
inspection or copying at two locations: The 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, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays and Commander (dpw), Eleventh Coast Guard District, Building 
50-2, 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:

Regulatory Information

    On July 24, 2008, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Islais Creek, San 
Francisco, CA in the Federal Register (73 FR 143). We received no 
public submissions on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    The Port of San Francisco as bridge owner requested a change in the 
operation regulation of the Illinois Street drawbridge, mile 0.3, over 
Islais Creek, in the City and County of San Francisco, CA. The 
drawbridge is required to open on signal under 33 CFR 117.5. The 
drawbridge provides 5 feet of vertical clearance for vessels above Mean 
High Water (MHW) in the closed-to-navigation position and unlimited 
vertical clearance when open.
    The San Francisco Department of Public Works owned, 3rd Street 
drawbridge, mile 0.4, over Islais Creek is required to open for vessels 
if at least one hour notice is given under 33 CFR 117.163. The 
drawbridge provides 4 feet of vertical clearance above MHW.
    Islais Creek is one mile in length from its mouth to its navigable 
terminus, an outfall culvert. It is located in an industrial section of 
southeast San Francisco with no marinas on the waterway. There have 
been no requests for openings of the 3rd Street drawbridge and no 
complaints from waterway users since construction of the Illinois 
Street Drawbridge in 2003.
    Due to infrequent calls for drawbridge openings, the San Francisco 
Department of Public Works requested at least 72 hours advance notice. 
This final rule will require both drawbridges to conform to the same 72 
hour advance notification requirement, creating uniformity on the 
waterway and allowing bridge owners to manage their personnel more 
efficiently, while meeting the reasonable needs of navigation.
    From 1990-2000, the existing 3rd Street drawbridge, mile 0.4, 
annually averaged 8 openings for state, federal, and local vessels, 2.3 
openings for recreational vessels, and 1.3 openings for tugs and 
barges. There has been an average of 15.8 openings, including testing 
of the drawspan, per year, from 1990 to 2000. There are no marinas on 
the waterway and none are currently planned. The last commercial vessel 
to request a drawspan opening did so to remove an abandoned vessel from 
Islais Creek.

Discussion of Comments and Changes

    This final rule amends the Illinois Street Drawbridge, mile 0.3, 
operation regulation from opening ``on signal'' to opening ``on signal, 
if at least 72 hours advance notice is given.'' This final rule amends 
the 3rd Street Drawbridge, mile 0.4, operation regulation from opening 
``on signal, if at least one hour notice is given'' to opening ``on 
signal, if at least 72 hours advance notice is given.'' The Coast Guard 
did not receive any public submissions to the NPRM.

Regulatory Analyses

    We developed this 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.
    This rule is not a significant regulatory action because it will 
have little effect on the users of both the affected bridges and the 
waterway. There are no marinas on the waterway and none are currently 
planned. Vessel traffic has been minimal since 1990. Recreational 
vessels that transit close to the shoreline, i.e. kayaks, canoes, and 
other personal water craft can safely transit under these drawbridges 
at any time. Vessels which require a vertical clearance greater than 
four-feet at Mean High Water can schedule an opening.

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.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. There 
are no marinas on the waterway and none are currently planned. Vessel 
traffic has been minimal since 1990. Recreational vessels that transit 
close to the shoreline, i.e. Kayaks, canoes, and other personal water 
craft can safely transit under these drawbridges at any time. Vessels 
which require an opening can schedule one.

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

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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 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 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. 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 5100.1 and 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.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117 Bridges.

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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Sec.  117.163 Islais Creek (Channel) is revised to read as follows:


Sec.  117.163   Islais Creek (Channel)

    (a) The draw of the Illinois Street drawbridge, mile 0.3 at San 
Francisco, shall open on signal if at least 72 hours advance notice is 
given to the Port of San Francisco.
    (b) The draw of the 3rd Street drawbridge, mile 0.4 at San 
Francisco, shall open on signal if at least 72 hours advance notice is 
given to the San Francisco Department of Public Works.

    Dated: November 17, 2008.
P.F. Zukunft,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
 [FR Doc. E8-28809 Filed 12-4-08; 8:45 am]
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