[Federal Register: September 22, 2003 (Volume 68, Number 183)]
[Proposed Rules]
[Page 55020-55022]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se03-22]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD11-03-005]
RIN 1625-AA09
Drawbridge Operation Regulations; Connection Slough, Stockton, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating requirements
of the Reclamation District Drawbridge across Connection Slough,
between Mandeville and Bacon Islands, near Stockton, CA, by reducing
the periods of time when the drawspan is required to open on signal for
the passage of vessels and by increasing the advance notice periods.
The bridge owner requests these changes in order to reduce the costs of
operating the drawbridge. The proposed action would reduce the number
of hours the bridge needs to be manned and, therefore, would reduce
costs to the owner.
DATES: Comments and related material must reach the Coast Guard on or
before October 22, 2003.
[[Page 55021]]
ADDRESSES: You may mail comments and related material to Commander
(oan), Eleventh Coast Guard District, Building 50-3, Coast Guard
Island, Alameda, CA 94501-5100. The Bridge Section maintains the public
docket for this rulemaking. Comments and material received from the
public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or 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:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [CGD11-03-
005], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Coast Guard Bridge Section 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
The bridge owner, Central California Redevelopment Company (CCRC
Farms), has requested changing the dates and times for manning their
Reclamation District drawbridge, crossing Connection Slough between
Mandeville and Bacon Islands, near Stockton, CA. The reason for the
proposal is to reduce operating costs of the bridge while continuing to
meet the reasonable needs of vessel traffic.
The existing regulation, 33 CFR 117.150, requires the bridge, 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 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.
Discussion of Proposed Rule
The proposed changes are as follows: From May 15 through September
15 the bridge would open on signal between the hours of 9 a.m. and 5
p.m., and it would open upon 12 hours notice between the hours of 5
p.m. and 9 a.m. From September 16 through May 14 the bridge would open
upon 12 hours notice between the hours of 9 a.m. and 5 p.m., and it
would open upon 24 hours notice between the hours of 5 p.m. and 9 a.m.
The bridge would continue to open upon 1-hour notice for emergency
vessel operation. The above changes would lower the costs of operating
the bridge for the bridge owner without significantly impacting
waterway users.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. Vessel counts derived from
drawbridge operating logs and land traffic counts were submitted by
CCRC Farms in support of their request, showing little demand for
bridge openings during the proposed periods of advance notice. The
Coast Guard, through individual correspondence, also requested comments
regarding the proposed changes from established waterway
representatives and known operators. The Coast Guard did not receive
any responses from these users of the waterway. The above counts and
lack of response from waterway users show that there is little or no
requirement for opening the drawbridge during the proposed periods of
advance notice, therefore the impact of the proposed regulation is
expected to be minimal.
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. No small entities were identified that would
be affected by the proposed rule. Vessel traffic counts indicate the
waterway users presently requiring operation of the drawspan would
continue to receive the same level of service at the bridge. The
proposal is to decrease unnecessary manning of the bridge during times
and dates when the bridge historically has not been called for an
opening.
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.
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.
[[Page 55022]]
Though this proposed rule would not 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 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 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 might
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. 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 proposed 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 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 proposed rule is categorically excluded,
under figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation, since promulgation of drawbridge
regulations has been determined not to have any effect on the
environment.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Revise Sec. 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 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 notice between the hours of 9 a.m. and 5 p.m., and
it shall open upon 24 hours notice between the hours of 5 p.m. and 9
a.m. The bridge shall open on signal if at least one-hour notice is
given for emergency operations or vessels in distress.
Dated: September 9, 2003.
J.M. Hass,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard
District.
[FR Doc. 03-24016 Filed 9-18-03; 12:01 pm]
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