[Federal Register: April 23, 2004 (Volume 69, Number 79)]
[Rules and Regulations]
[Page 21956-21958]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap04-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD11-03-006]
RIN 1625-AA09
Drawbridge Operation Regulation; Mare Island Strait, Napa River,
Vallejo, CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing 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 action is to 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: This rule is effective May 24, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD11-03-006 and are available for inspection or
copying at Commander
[[Page 21957]]
(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. The Bridge Section,
Eleventh Coast Guard District, maintains the public docket for this
rulemaking.
FOR FURTHER INFORMATION CONTACT: David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District, telephone (510) 437-3516.
SUPPLEMENTARY INFORMATION:
Regulatory History
On November 25, 2003, the notice of proposed rulemaking (NPRM),
entitled Drawbridge Operation Regulations; Mare Island Strait, Napa
River, Vallejo, CA, was published in the Federal Register. We received
one letter and one telephone call commenting on the proposed rule. No
public meeting was requested, and none was held.
Background and Purpose
To reduce drawbridge operating costs, The City of Vallejo requested
an increase in rush hour closure periods. However, reduced traffic,
following Navy closure of the Mare Island Naval Shipyard in the 1990's,
no longer justifies rush hour closure periods. The City of Vallejo also
requested an increase in hours when vessels provide advance notice for
drawspan operation. Drawbridge operation logs justify the increased
advance notice hours, as these hours coincide with periods when vessels
have not historically requested an opening. The changes made by this
rule are expected to reduce bridge operating costs while continuing to
meet the reasonable needs of waterway traffic.
Discussion of Comments and Changes
The single letter received during the comment period indicated
misinterpretation of the word ``normal,'' when referring to operational
periods of the drawspan. The expressed concern was the possibility for
navigational delays to slower vessels, enroute between the Napa River
and Sacramento and San Joaquin Delta destinations, eight to ten hours
away. The desire was not to have to wait until 9 a.m. for a bridge
opening, so as not to make an already long trip longer, and necessitate
completing the voyage during hours of darkness. The use of the word
normal, concerning drawbridge operating times, has been removed from
the regulation.
Since the two-hour advance notice requirement presently does not
affect vessel transit times, no change is expected to result from the
adjusted advance notice times. The two-hour advance notice request
period does not preclude the ability of the drawbridge to open promptly
and fully for the passage of vessels when they arrive at the drawbridge
for a pre-arranged opening, and no delays in arrival at a destination
should result from the rulemaking.
The telephone conversation with the City of Vallejo provided a 24-
hour telephone number for communicating bridge opening requirements to
the bridge. The city preferred to not direct mariners to contact the
Police Department Dispatcher, due to possible conflicts with
established dispatcher duties, and the reference has been removed from
the regulation. During the time when a drawbridge operator is present,
the phone rings at the bridge. During advance notice periods, the phone
rings at the appropriate City of Vallejo office to arrange for drawspan
operation. The regulatory text has been amended to include the 24-hour
telephone number provided by the City of Vallejo.
Since all drawbridges are subject to emergency operation in
compliance with 33 CFR 117.31, including public vessels of the United
States, the individual emergency operation text has been removed from
the regulation.
The City of Vallejo requested consideration for future review of
rush hour closure periods at this drawbridge. Nothing in this rule
prevents future review of drawbridge operating regulations at this
drawbridge.
There are no drawbridges under Coast Guard jurisdiction on the
tributaries to Napa River and Mare Island Strait. Therefore, the
reference to ``tributaries'' has been removed from the regulation.
The Mare Island Drawbridge is no longer owned or operated by the
U.S. Navy, and the drawbridge structure does not meet the definition of
a ``causeway.'' Therefore, references to the U.S. Navy and Mare Island
Causeway have been removed from the regulation.
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 rulemaking will not result in significant negative impacts to
the waterway users, while reducing drawbridge operating costs for the
City of Vallejo.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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.
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 an 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.
[[Page 21958]]
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 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 rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation.
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.
0
2. In Sec. 117.169a revise the section heading and paragraph 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. When the drawbridge
operator is present, mariners may contact the drawbridge via marine
radio or telephone at (707) 648-4313 for drawspan operation. When the
drawbridge operator is not present, mariners may contact the City of
Vallejo via the same telephone number to schedule drawspan operation.
* * * * *
Dated: April 12, 2004.
Kevin J. Eldridge
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 04-9196 Filed 4-22-04; 8:45 am]
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