[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Proposed Rules]
[Pages 47789-47792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19601]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-1138]
RIN 1625-AA09


Drawbridge Operation Regulation; Sacramento River, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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[[Page 47790]]

SUMMARY: The Coast Guard proposes to change the operating schedule 
governing the Freeport Drawbridge, mile 46.0, over the Sacramento 
River. The bridge owner has proposed to change the 6 a.m. and 10 p.m., 
summer time ``on demand'' bridge opening hours to a new timeframe 
between 9 a.m. and 5 p.m.; and to extend the winter (4 hour advance 
notice), operating schedule to include the month of October, due to a 
documented decrease in drawbridge openings compared to other nearby 
bridges. The proposed change is to address the issue of misalignment 
between drawbridge staffing and actual usage of the drawbridge, 
apparently resulting in unnecessary staffing of the drawbridge during 
periods of navigational inactivity.

DATES: Comments and related material must reach the Coast Guard on or 
before September 24, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1138 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) 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.
    (4) 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.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting Comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email David H. Sulouff, Chief, Bridge Section, Eleventh 
Coast Guard District; telephone (510) 437-3516, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

A. 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.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-1138), 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 (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an email 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, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2011-1138'' in the ``Keyword'' 
box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ 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 the rule based on your comments.

2. 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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-1138'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

3. Privacy Act

    Anyone can search the electronic form of 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).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain 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.

B. Regulatory History and Information

    The existing drawbridge operating regulation for the Freeport, CA 
Drawbridge, mile 46.0 over the Sacramento River, found at 33 CFR 
117.189, was last amended by the Coast Guard in June 5, 1986 and 
requires the drawbridges between Isleton, CA and the American River 
junction (including the Freeport drawbridge), to open on signal from 
May 1 through October 31 from 6 a.m. to 10 p.m. and from November 1 
through April 30 from 9 a.m. to 5 p.m. At all other times, the draws 
shall open on signal if at least four hours notice is given to the 
drawtender at the Rio Vista bridge across the Sacramento River, mile 
12.8.
    An Advanced Notice of Proposed Rulemaking (ANPRM) was published in 
the Federal Register on January 25, 2012. 77 FR 3664. No comments were 
received.

C. Basis and Purpose

    The Freeport Drawbridge is a swing span style drawbridge at mile 
46.0, over the Sacramento River, owned by the County of Sacramento and 
maintained by Sacramento and Yolo counties. The Freeport Drawbridge 
provides 190 feet horizontal clearance, 29 feet of vertical clearance 
for vessels above Mean High Water in the closed-to-navigation position 
and unlimited vertical clearance when open. The Sacramento River is 
legally navigable for bridge permitting purposes from its confluence 
with Suisun Bay to mile 245.0 at Red Bluff, CA.

[[Page 47791]]

    Both Sacramento and Yolo counties have submitted a joint request 
for a permanent change to the Freeport Drawbridge operating 
requirements. The proposed change is to address the issue of 
misalignment between drawbridge staffing and actual vessel usage of the 
drawbridge that appears to be resulting in unnecessary staffing of the 
drawbridge during periods of navigational inactivity.
    The bridge owner has provided bridge operating statistics that show 
significantly less drawspan operations during certain (Winter) months 
and evening hours in 2009-2010 than nearby bridges at Georgiana Slough, 
Tyler Island and Walnut Grove. The statistical information and a 
detailed explanation by the bridge owner have been included in the 
docket and are available for public review and comment. The bridge 
owner also has indicated a significant amount of outreach has been 
performed on this proposal to various waterway user organizations 
including the Pacific Inter-Club Yacht Association, the Recreational 
Boaters of California, the Capital City Yacht Club, the Sacramento 
Yacht Club, River View Yacht Club and Hornblower Cruises.

D. Discussion of Proposed Rule

    Under the existing operating regulations, Freeport Drawbridge opens 
on signal from May 1 through October 31 from 6 a.m. to 10 p.m. and from 
November 1 through April 30 from 9 a.m. to 5 p.m. At all other times, 
the draw shall open on signal if at least four hours notice is given to 
the drawtender at the Rio Vista bridge across the Sacramento River, 
mile 12.8.
    The Counties who maintain and operate the drawbridge have proposed 
to change the summer time ``on demand'' bridge opening hours from 
between 6 a.m. and 10 p.m., to between 9 a.m. and 5 p.m.; and to extend 
the winter (4 hour advance notice), operating schedule to include the 
month of October. This would allow the bridge owner to remove the 
bridge operator from the drawbridge until needed for scheduled bridge 
openings (particularly during the winter months), providing a possible 
monetary savings due to reduced bridge operating personnel costs.
    There is no alternative route for vessels navigating on this reach 
of the waterway. Vessels that can be safely navigated through the 
drawbridge while it is in the closed to navigation position may 
continue to do so at any time. The proposed rule would change the 
operating schedule so from May 1 through September 30 the drawbridge 
will open on signal from 9 a.m. to 5 p.m. At all other times (including 
November 1 through April 30), the draw shall open on signal if at least 
four hours notice is given to the drawtender at the Rio Vista bridge 
across the Sacramento River, mile 12.8.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    Bridge operating statistics provided by the bridge owner, show 
significantly fewer drawspan operations during 2009-2010 than nearby 
bridges at Georgiana Slough, Tyler Island and Walnut Grove, concluding 
that this proposed rule is not a significant regulatory action.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. 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 action will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
rule will adjust an existing advance notice requirement for bridge 
openings to more closely conform to the existing needs of navigation, 
while allowing the bridge owner to reduce bridge operation costs, as 
documented by the statistics provided by the bridge owner. Vessels that 
can safely transit under the bridge may continue to do so at any time.
    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.

3. 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 the person listed in the FOR 
FURTHER INFORMATION CONTACT, above. 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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) 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.

[[Page 47792]]

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 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 this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    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.

    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.  117.189 as follows:


Sec.  117.189  Sacramento River.

    (a) The draws of each bridge from Isleton to the American River 
junction except for the Sacramento County highway bridge across the 
Sacramento River, mile 46.0 at Freeport, shall open on signal from May 
1 through October 31 from 6 a.m. to 10 p.m. and from November 1 through 
April 30 from 9 a.m. to 5 p.m. At all other times, the draws shall open 
on signal if at least four hours notice is given to the drawtender at 
the Rio Vista bridge across the Sacramento River, mile 12.8.
    (b) The draw of the Sacramento County highway bridge, mile 46.0 at 
Freeport, shall open on signal from May 1 through September 30 from 9 
a.m. to 5 p.m. At all other times, the draw shall open on signal if at 
least four hours notice is give to the drawtender at the Rio Vista 
Bridge across the Sacramento River, mile 12.8.
    (c) The draws of the California Department of Transportation 
bridges, mile 90.1 at Knights Landing, and mile 135.5 at Meridian, 
shall open on signal if at least 12 hours notice is given to the 
California Department of Transportation at Marysville.
    (d) The draws of the bridges above Meridian need not be opened for 
the passage of vessels.

    Dated: July 17, 2012.
J. R. Castillo,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2012-19601 Filed 8-9-12; 8:45 am]
BILLING CODE 9110-04-P