Drawbridge operations: California,
[Federal Register: November 12, 1999 (Volume 64, Number 218)]
[Proposed Rules]
[Page 61561-61563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no99-34]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD 11-99-013]
RIN 2115-AE47
Drawbridge Operation Regulations: Oakland Inner Harbor Tidal Canal, CA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
SUMMARY: At the request of a local citizen, the Coast Guard is considering a change in operating regulations for the drawbridges crossing the Oakland Inner Harbor Tidal Canal (Oakland Estuary), between Oakland and Alameda, California. The proposal would amend the existing operating regulations to adjust the commute hour closures to coincide with current peak traffic periods.
DATES: Comments must be received on or before January 11, 2000.
ADDRESSES: Comments may be mailed or hand-delivered to: Commander (oan), Eleventh Coast Guard District, Bldg. 50-6, Coast Guard Island, Alameda, CA 94501-5100. Comments may also be faxed to: (510) 437-5836. Comments may be e-mailed to:
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jolmes@d11.uscg.mil. Comments may be delivered to the above address between 6:30 a.m. and 4:00 p.m. Monday through Friday except Federal holidays.
The Commander, Eleventh Coast Guard District maintains the public docket for this rulemaking. Comments will become part of this docket and will be available for inspection or copying at the address above.
FOR FURTHER INFORMATION CONTACT: Jerry Olmes, Bridge Administrator, at the address above. His telephone number is (510) 437-3515.
SUPPLEMENTARY INFORMATION:
Requests for Comments
The Coast Guard encourages interested persons to participate in this proposed rulemaking by submitting written data, views, or arguments for or against the proposed change. Persons submitting comments should identify this rulemaking (CGD 11-99-013) and the specific section of this document to which each comment applies. Give the reason for each comment. Please submit all comments and attachments in an unbound format, no larger than 8\1/2\ x 11 inches, suitable for copying and electronic filing. Persons wanting acknowledgment of receipt of comments should enclose a stamped, self addressed postcard or envelope. All comments and other materials referenced in this notice will be available for inspection and copying at the Coast Guard address given above. Normal office hours are between 6:30 a.m. and 4:00 p.m., Monday through Friday, except holidays. The Coast Guard plans no public hearing. Persons may request a public hearing by writing to the Coast Guard including the reasons why a hearing would be beneficial. If it is determined that the opportunity for oral presentations will aid in this rulemaking, the Coast Guard will hold a public hearing at time and place announced by a later notice in the Federal Register.
The proposed regulation may be changed in light of comments received. All comments received before the expiration of the comment period will be considered before final action is taken on the NPRM. The Commander, Eleventh Coast Guard District, will evaluate all comments received and determine a course of final action on this proposal.
Background and Purpose
The current regulation, 33 CFR 117.181, specifies that the bridges need not open for the passage of vessels from 7:30 a.m. to 8:30 a.m. and 3:45 p.m. to 5:45 p.m. Monday through Friday, except Federal holidays. This regulation was enacted in 1973 to accommodate peak highway traffic periods. However, a recent analysis of traffic data reveals that the peak morning commute period is now from 8:30 a.m. to 9:30 a.m. and the afternoon peak is from 5 p.m. to 7 p.m. The proposed change should better accommodate peak highway traffic with no additional impact on vessel traffic, although vessel operators will have to adjust their travel times. Vessel traffic is light on weekdays; the bridges typically open about 4 times each day during daylight hours. Vessel operators should be able to adjust their time of passage without significant economic consequences.
The Coast Guard also proposes to amend the waterway mileages listed in the regulation to coincide with current practice.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. It has been exempted from review by the office of Management and Budget under that order. It is not significant under the Department of Transportation Regulatory Policies and Procedures (DOT) (44 FR 11040, February 26, 1979). The only impact would be on the larger vessels not able to pass under the closed bridge, and they will have the same access as they do presently, but will have a slightly modified schedule of closed periods. The Coast Guard expects the impact of this rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. Sec. 601 et seq.), the Coast Guard must consider whether this proposal will have a significant economic impact on a substantial number of small entities. ``Small entities'' may include small businesses and not-for profit organizations that are not dominant in their respective fields, and governmental jurisdictions with populations less than 50,000. For the same reasons set forth in the Regulatory Evaluation, the Coast Guard certifies under 5 U.S.C. Sec. 605(b) that this proposal, if adopted, is not expected to have a significant economic impact on any substantial number of entities, regardless of their size.
Assistance for Small Entities
In accordance with Sec. 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rule making process. If your small business or organization is affected by this rule and you have questions concerning its provisions or options for compliance, please contact Jerry Olmes, Coast Guard Bridge Section, Alameda office at the address listed in ADDRESSES.
Collection of Information
This proposal contains no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal in accordance with the principles and criteria contained in Executive Order 13132 and has determined that this proposal does not have federalism implications under this Order.
Environmental Assessment
The Coast Guard considered the environmental impact of this proposal and concluded that under Commandant Instruction M16475.1C, Figure 2-1, paragraph 32(e), this proposal is categorically excluded from further environmental documentation, because it is a Bridge Administration Program action involving the promulgation of operating requirements or procedures for a drawbridge.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub L. 104-4), the Coast Guard must consider whether this proposed rule will result in an annual expenditure by state, local, and tribal governments, in the aggregate of $100 million (adjusted annually for inflation). If so, the Act requires that a reasonable number of regulatory alternatives be considered, and that from those alternatives, the least costly, most cost-effective, or least burdensome alternative that achieves the objective of the rule be selected.
No state, local or tribal government entities will be affected by this rule, so this rule will not result in annual or aggregate costs of $100 million or more. Therefore, the Coast Guard is exempt from any further regulatory requirements under the Unfunded Mandates Act.
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Other Executive Orders on the Regulatory Process
In addition to the statutes and Executive Orders already addressed in this preamble, the Coast Guard considered the following executive orders in developing this rule and reached the following conclusions:
E.O 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. This Rule will not effect a taking of private property or otherwise have taking implications under this Order.
E.O. 12875, Enhancing the Intergovernmental Partnership. This Rule will not impose, on any State, local, or tribal government, a mandate that is not required by statute and that is not funded by the Federal government.
E.O. 12988, Civil Justice Reform. This Rule meets applicable standards in section 3(a) and 3(b)(2) of this Order to minimize litigation, eliminate ambiguity, and reduce burden.
E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks. This Rule is not an economically significant rule and does not concern an environmental risk to safety disproportionately affecting children.
List of Subjects in 33 CFR Part 117
Bridges.
Proposed Regulation
For the reasons set out in the preamble, the Coast Guard proposes to amend part 117 of title 33, Code of Federal Regulations as follows:
PART 117--[AMENDED]
-
The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46 and 33 CFR 1.05-1(g); section 117.255 also issued under the authority of P.L. 102-587, 106 Stat. 5039.
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Section 117.181 is revised to read as follows:
Sec. 117.181 Oakland Inner Harbor Tidal Canal.
The draws of the Alameda County highway bridges at Park Street, mile 5.2; Fruitvale Avenue, mile 5.6; and High Street, mile 6.0; and the U.S. Army Corps of Engineers railroad bridge, mile 5.6 at Fruitvale Avenue, shall open on signal; except that, from 8:30 a.m. to 9:30 a.m. and 5 p.m. to 7 p.m. Monday through Friday except Federal holidays, the draws need not be opened for the passage of vessels. However, the draws shall open during the above closed periods for vessels which must, for reasons of safety, move on a tide or slack water, if at least two hours notice is given. The draws shall open as soon as possible for vessels in distress and emergency vessels, including commercial vessels engaged in rescue or emergency salvage operations.
Dated: October 21, 1999. T.H. Collins, Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard District.
[FR Doc. 99-29603Filed11-10-99; 8:45 am]
BILLING CODE 4910-15-P
