[Federal Register Volume 77, Number 243 (Tuesday, December 18, 2012)]
[Rules and Regulations]
[Pages 74775-74777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30402]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule governing 
the Freeport Drawbridge, mile 46.0, over the Sacramento River. The 
bridge owner proposed to change the ``on demand'' bridge opening hours 
and dates, due to a documented decrease in drawbridge openings compared 
to other nearby bridges. The change is to address the issue of 
misalignment between drawbridge staffing and actual drawbridge 
operation, resulting in unnecessary staffing of the drawbridge during 
periods of navigational inactivity.

DATES: This rule is effective January 17, 2013.

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 No. USCG-2011-1138 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-1138 in the 
``Search'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
ANPRM Advanced Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

A. Regulatory History and Information

    On January 25, 2012, we published an Advance Notice of Proposed 
Rulemaking (ANPRM), entitled Drawbridge Operation Regulation; 
Sacramento River, CA in the Federal Register (77 FR 3664). On August 
10, 2012, we published a Notice of Proposed Rulemaking (NPRM), entitled 
Drawbridge Operation Regulation, Sacramento River, CA, in the Federal 
Register (77 FR 47789). No public meeting was requested, and none was 
held.

B. Basis and Purpose

    The Freeport Drawbridge is a swing span style drawbridge at mile 
46.0, over

[[Page 74776]]

the Sacramento River, owned by the County of Sacramento and maintained 
by Sacramento and Yolo counties. The 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.
    Sacramento and Yolo counties submitted a joint request for a 
permanent change to the Freeport Drawbridge operating requirements, 
with support from Congressman Mike Thompson. The change is to address 
the misalignment between drawbridge staffing and openings for vessels.
    The bridge owner has provided bridge operating statistics showing 
significantly less drawspan operations during certain 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 (USCG-2011-1138-0003 & 0004) and are available for public 
review. The bridge owner performed significant outreach 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.

C. Discussion of Comments, Changes and the Final Rule

    Sacramento and Yolo counties submitted a joint request for a change 
to the Freeport Drawbridge operating requirements. 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 proposed to change the ``on demand'' bridge opening hours to 
May 1 through September 30, 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. This will allow 
the bridge owner to remove the bridge operator from the drawbridge 
until needed for scheduled bridge openings, providing a possible 
monetary savings to the Counties 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.
    Submissions 0001-0009 in the electronic docket were posted by the 
Coast Guard. The single public comment (USCG-2011-1138-0010) referred 
to the advance notice period as ``closure'', recommended an October 15 
start date due to Fleet Week, observed the statistical period was 
during the economic downturn and associated decline in vessel transits, 
and recommended a wider dissemination to all California boat owners. 
The ``advance notice'' period is not a closure but a period when vessel 
operators call the bridge owner in advance to schedule a bridge opening 
upon their arrival at the bridge. The statistics provided included the 
October Fleet Week transits and support the proposed change to the 
regulation. The economy may influence the number of vessel transits and 
upon economic recovery and associated increase in navigation, proposals 
to readjust the operating regulation may be submitted by anyone in 
compliance with 33 CFR 117.8. The ANPRM and NPRM were disseminated via 
publication in the Federal Register and also the Coast Guard Local 
Notice to Mariners between January 4, 2012, and September 24, 2012. The 
bridge owner held numerous meetings with leading vessel owner 
organizations prior to submitting their proposal to the Coast Guard. 
The required methods and extent of outreach to the public was met or 
exceeded. We encourage the public to read the Federal Register and 
Coast Guard Local Notice to Mariners to be informed of proposed 
actions.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This 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 during 
2009-2010, show significantly fewer drawspan operations than nearby 
bridges at Georgiana Slough, Tyler Island and Walnut Grove due to 
greater vertical clearance provided by the Freeport drawbridge.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. 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 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 while in the closed to 
navigation position, may continue to do so at any time.

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 rule. 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.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain

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about this rule or any policy or action of the Coast Guard.

4. 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).

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will 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 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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.

12. 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.

13. Technical Standards

    This 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 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. Revise Sec.  117.189 to read 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: November 20, 2012.
Karl L. Schultz,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2012-30402 Filed 12-17-12; 8:45 am]
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