[Federal Register: August 26, 2003 (Volume 68, Number 165)]
[Rules and Regulations]
[Page 51179-51181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au03-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD11-03-004]
RIN 1625-AA09
Drawbridge Operation Regulation; Islais Creek, San Francisco, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Commander, Eleventh Coast Guard District is temporarily
changing the regulation governing the Third Street Drawbridge, mile 0.4
Islais Creek, San Francisco, CA. The drawbridge need not open for
vessel traffic and may remain in the closed-to-navigation position to
allow seismic retrofit and rehabilitation of the bridge.
DATES: This temporary rule is effective from 12:01 a.m., September 3,
2003 until 12:01 a.m., September 2, 2004.
ADDRESSES: Documents referred to in this temporary rule are available
for inspection and copying at Commander (oan), Eleventh Coast Guard
District, Building 50-3, 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:
Good Cause for Not Publishing an NPRM
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. This rule is being promulgated
without an NPRM because drawspan openings at this bridge are
infrequent, the proposal has been thoroughly coordinated with the
waterway users and it would be impracticable, unnecessary and contrary
to the public interest to delay the proposed project start date.
Good Cause for Making Rule Effective in Less Than 30 Days
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because the event has been
thoroughly coordinated with waterway users, no objections were received
and there is no justification to deny the request or delay the proposed
project.
Background and Purpose
The City of San Francisco requested a temporary change to the
operation of the Third Street Bridge, mile 0.4 Islais Creek, in San
Francisco, California. The bridge provides 4.4 feet minimum vertical
clearance above mean high water in the closed-to-navigation position.
Navigation on the waterway consists primarily of recreational
watercraft. Presently, the draw is required to open on signal if at
least one hour advance notice is given. The bridge was last opened for
recreational waterway traffic on July 1, 2001. The City requested the
drawbridge be allowed to remain closed to navigation from 12:01 a.m.,
September 3, 2003 until 12:01 a.m., September 2, 2004.
[[Page 51180]]
During this time the City would perform seismic upgrades and
rehabilitation work on the bridge. This temporary drawbridge operation
amendment has been coordinated with the waterway users. No objections
to the proposed temporary rule were raised.
Regulatory Evaluation
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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). The Coast Guard expects the economic impact of this
temporary rule to be so minimal that a full Regulatory Evaluation under
paragraph 10(e) of the regulatory policies and procedures of DOT is
unnecessary. This is because drawspan openings at this bridge are
infrequent and waterway traffic is not likely to be delayed.
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 as none were identified that will be affected by the temporary
rule.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. No small
entities were identified that will be affected by the temporary rule.
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 expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this 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 no factors in this case 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. A Categorical
Exclusion Determination is available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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; 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.
Sec. 117.163 [Suspended]
0
2. From 12:01 a.m., September 3, 2003, until 12:01 a.m., September 2,
2004, Sec. 117.163 is temporarily suspended.
0
3. From 12:01 a.m., September 3, 2003, until 12:01 a.m., September 2,
2004, Sec. 117.T164 is temporarily added to read as follows:
Sec. 117.T164 Islais Creek.
The Third Street Drawbridge, Islais Creek mile (0.4), at San
Francisco, California need not open for vessels from 12:01 a.m.,
September 3, 2003 until 12:01 a.m., September 2, 2004.
[[Page 51181]]
Dated: August 15, 2003.
Kevin J. Eldridge,
Rear Admiral, Coast Guard, Commander, Eleventh Coast Guard District.
[FR Doc. 03-21764 Filed 8-25-03; 8:45 am]
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