[Federal Register: November 25, 2003 (Volume 68, Number 227)]
[Proposed Rules]
[Page 66059-66062]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25no03-19]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD11-03-006]
RIN 1625-AA09
Drawbridge Operation Regulations; Mare Island Strait, Napa River,
Vallejo, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the regulation governing
the operation of the Mare Island Drawbridge, spanning the Napa River
between the City of Vallejo and Mare Island, CA., by eliminating the
rush-hour closure periods when the drawspan need not open for vessels
and by increasing the hours when vessels provide advance notice for
drawspan operation. The proposed action would
[[Page 66060]]
reduce bridge operating costs without reducing the ability of vessels
to transit the drawbridge, thereby continuing to meet the reasonable
needs of waterway traffic.
DATES: Comments and related material must reach the Coast Guard on or
before January 26, 2004.
ADDRESSES: You may mail comments and related material to Commander
(oan), Eleventh Coast Guard District, Bridge Section, Building 50-3,
Coast Guard Island, Alameda, CA 94501-5100. This office 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, Bridge Section, 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-
006], 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. You may submit a
request for a meeting by writing to the Bridge Section, Eleventh Coast
Guard District, at the address under ADDRESSES explaining why one would
be beneficial. If we determine 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 Mare Island Drawbridge crosses the Napa River between the City
of Vallejo (``Vallejo'') and Mare Island, CA. The existing regulation
governing the operation of the drawbridge, found at 33 CFR Sec.
117.169, requires the drawbridge to open on signal from 7:30 a.m. to
3:45 p.m. and 4:45 p.m. to 10 p.m. Monday through Friday except Federal
holidays, and from 6:30 a.m. to 10 p.m. on Saturdays, Sundays and
holidays. The drawbridge need not open for the passage of vessels other
than public vessels of the United States from 6:30 a.m. to 7:30 a.m.
and 3:45 p.m to 4:45 p.m. except Saturdays, Sundays, and Federal
holidays; and must be opened on signal from 10 p.m. to 6:30 a.m. daily,
if at least two hours notice is given, and as soon as possible during
this period for public vessels of the United States.
For the purpose of reducing the drawbridge operating costs, Vallejo
has requested to increase the rush-hour closure periods and to increase
the hours when vessels provide advance notice for drawspan operation.
Drawbridge operation logs support increasing the hours of advance
notice to include periods when vessels historically have not called for
an opening.
However, the present morning and afternoon land traffic flows no
longer justify rush-hour closure periods when the bridge need not open
for passage of vessels. The current regulation was promulgated when the
U.S. Navy was still based at Mare Island. Following the departure of
the Navy from Mare Island, traffic across the Mare Island Drawbridge
diminished significantly and the morning and evening rush-hour closure
periods no longer are needed.
The proposed changes would increase the number of hours vessels
provide advance notice for drawspan operation and eliminate the rush-
hour closure periods. The proposed changes are expected to reduce
bridge operating costs while continuing to meet the reasonable needs of
waterway traffic.
Discussion of Proposed Rule
The proposed changes are expected to simplify the regulation and
reduce drawbridge operating costs, while continuing to meet the
reasonable needs of waterway traffic.
Vessel counts derived from drawbridge operating logs and land
traffic counts show little demand for bridge openings during the
evening hours and a significant decrease in rush-hour land traffic
since the Navy departed from Mare Island.
The proposed operating schedule would require the Mare Island
Drawbridge to open on signal between the hours of 9 a.m. and 7 p.m.
daily, and upon two hours advance notice all other times. During
advance notice periods, the bridge would be required to open as soon as
possible for emergency vessel operation. Mariners presently contact the
City of Vallejo Police Department Dispatch Office to provide two-hour
advance notice or for emergency operation of the drawspan. This
practice would be codified in the proposed regulation. Also, the rush-
hour closure periods would be deleted and references to ``public
vessels'' would be deleted.
Navigational charts show the affected waterway to be a combination
of the Mare Island Strait and the Napa River with no drawbridges on any
of the tributaries. The Mare Island crossing is a drawbridge and does
not meet the definition of a ``causeway''. The existing drawbridge is
no longer owned or operated by the Navy. Therefore references to
``tributaries'', ``causeway'' and ``U.S. Navy'' will be deleted and it
will be referred to in the regulation as the Mare Island Drawbridge,
Mare Island Strait and Napa River, mile 2.8, at Vallejo.
The Coast Guard is requesting comments from the mariners through
individual correspondence, Local Notice to Mariners, and transmittal of
this Notice of Proposed Rulemaking to established waterway
representatives and known operators on the waterway.
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. The proposed rule is not expected
to result in significant negative impacts to the waterway users while
providing relief to the bridge owner in the form of bridge operating
costs. Impacts to the public waterway users are expected to be minimal
based upon data provided by the bridge owner in the form of drawbridge
operating logs and vessel traffic counts. This data indicates there is
little or no requirement for keeping an operator on the drawbridge
during the proposed periods of advance notice.
[[Page 66061]]
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, as none were identified that will be affected
by the proposed changes.
Vessel traffic counts indicate the waterway users would continue to
receive the same level of service at the bridge. The proposal is to
decrease unnecessary manning of the bridge during times when the bridge
historically has not been called for an opening. Eliminating the rush-
hour closure periods would improve vessel access during periods when
the bridge normally receives calls for openings.
If you think your business, organization, or governmental
jurisdiction qualifies as a small entity and 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.
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 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 Eleventh Coast Guard
District Bridge Office in writing at the address under ADDRESSES.
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 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 proposed 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 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 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 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, since promulgation of drawbridge regulations has been
determined not to have any affect on the environment. A ``Categorical
Exclusion Determination'' is available in the docket where indicated
under ADDRESSES.
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; 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.
2. Section 117.169(a) is revised to read as follows:
Sec. 117.169 Mare Island Strait and The Napa River.
(a) The draw of the Mare Island Drawbridge, mile 2.8, at Vallejo
shall open on signal between the hours of 9 a.m. and 7 p.m. daily, and
upon two hours advance notice all other times. Mariners should contact
the City of Vallejo Police Department Dispatcher, to provide the two
hour advance notice or for emergency operation of the drawspan.
* * * * *
[[Page 66062]]
Dated: November 13, 2003.
K.J. Eldridge,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 03-29389 Filed 11-24-03; 8:45 am]
BILLING CODE 4910-15-P