[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Proposed Rules]
[Pages 4574-4575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1574]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0803]
Drawbridge Operation Regulations; Oakland Inner Harbor Tidal
Canal, Oakland/Alameda, CA, Schedule Change
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking; withdrawal.
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SUMMARY: The Coast Guard is withdrawing its notice of proposed
rulemaking (NPRM), to change the operation of the Alameda County and
the Army Corps of Engineers owned drawbridges crossing the Oakland
Inner Harbor Tidal Canal, between Oakland and Alameda, California. The
proposed change would have allowed the drawbridges to open for vessels
upon four hours advance notice for openings between the hours 4:30 p.m.
and 9 a.m. daily. With the exception of Federal Holidays, openings at
all other times would have been on signal except during interstate rush
hours, 8 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m., Monday through
Friday, when the drawbridges need not be opened for vessels. The
proposed change was requested by Alameda County to reduce the
drawbridge staffing requirements during periods of reduced openings.
The NPRM is being withdrawn because of the opposing comments received
from the various sources including the primary waterway users that
transit the drawbridges.
DATES: The notice of proposed rulemaking is withdrawn on January 26,
2011.
ADDRESSES: The docket for this withdrawn rulemaking is available for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. You may also find
this docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2009-0803 in the ``Keyword'' box and then clicking
``Search''.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice, call or e-mail David H. Sulouff, Chief, Bridge Section,
Waterways Management Branch, 11th Coast Guard District, telephone 510-
437-3516, e-mail address: [email protected]. If you have
questions on viewing material in the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Background
On May 27, 2010, we published a Notice of Proposed Rulemaking
entitled ``Drawbridge Operation Regulation; Oakland Inner Harbor Tidal
Canal, Oakland/Alameda, CA, Schedule Change'' in the Federal Register
(75 FR 29693-29695). The proposed change would have allowed the
drawbridge owner/operator to reduce the hours of staffing on the
drawbridges and would have required a four hour advance notice from
mariners to the bridge operator for vessel transits requiring
drawbridge openings, during the specified times. A test period of the
proposed regulation was not performed. A Coast Guard Public Meeting was
determined unnecessary due to the outreach provided by Alameda County,
the response to the NPRM and the actions of local concerned citizens.
The Coast Guard received twenty-nine (29) response to the NPRM. Of
these two (2) were in support of the proposal and twenty-seven (27)
either opposed or recommended additional review of the proposal. Some
of the opposing entries contained input from multiple sources including
petitions against the proposal and letters providing consolidated input
from various organizations in opposition. We conducted a lengthy and
thorough investigation including a review of statistical information on
vessel transits provided by Alameda County, site visits at the
drawbridges and waterfront facilities along the Oakland Inner Harbor,
presentations to and request for input from the San Francisco Harbor
Safety Committee, requests for input from the Cities of Alameda and
Oakland, CA, and dissemination of the Federal Register to most of the
local marine related establishments along the waterway. Local groups
representing waterway users and property owners along the waterway
provided additional dissemination of the Federal Register NPRM for the
proposed change. The bridge operator (Alameda County) held a public
meeting on April 1, 2010 to present the proposal to the local public.
The Coast Guard directly contacted the primary waterway users to obtain
their input.
The proposed change was submitted by Alameda County. Alameda County
indicated that the proposed regulation change would meet their minimum
needs for reducing funding required for drawbridge staffing and
alternatives had not been considered at the time of the request.
Comments opposing the proposed change were received from the San
Francisco Harbor Safety Committee, The National Boating Federation,
Hanson Aggregates, Power Engineering, Harbor Bay Maritime, Dutra Group,
Oakland Yacht Club, Fernside Homeowners Association, Waterfront
Homeowners Association, East Shore Homeowners Association, Aeolian
Yacht Club, Briar Rose Yacht Charters, Baytech Marine Service,
Heinold's First and Last Chance, Aroma Restaurant, Eskelund Marine,
Bocanova, Vortex Marine Construction, British Marine, The Outboard
Motor Shop, Waterfront Hotel-Miss Pearl's Restaurant, Encinal Yacht
Club, Marina Village Inn, Kincaid's Restaurant, Scott's Seafood
Restaurant, Captain Ed Payne Technical Services, Il Pescatore
Restaurant, The City of Alameda, The City of Oakland Fire Department,
City of Oakland Public Works/Transportation Services Division, and
numerous local residents and vessel owners. Comments received
recommending additional review and possible alternative regulations
included those from Mr. Tom Charron, Mr. Henry C. Lindemann and The Bay
Planning Coalition recommending coordination with RBOC Recreational
Boaters of California, PICYA Pacific Inter-Club Yacht Association and
other key stakeholders.
[[Page 4575]]
Withdrawal
The Notice of Proposed Rulemaking is withdrawn due to comments
received in opposition and the potential negative impacts to navigation
and the surrounding community. We have determined the regulation
change, as proposed, would not meet the reasonable needs of navigation
on the waterway.
Authority: This action is taken under the authority of 33 U.S.C.
499; 33 CFR 1.05-1; Department of Homeland Security Delegation No.
0170.1.
Dated: January 3, 2011.
J.R. Castillo,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2011-1574 Filed 1-25-11; 8:45 am]
BILLING CODE 9110-04-P