[Federal Register Volume 59, Number 35 (Tuesday, February 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3925]
[[Page Unknown]]
[Federal Register: February 22, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD 11-93-001]
Drawbridge Operation Regulations; Eureka Slough, CA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of the North Coast Railroad, the Coast Guard is
amending the regulation for the North Coast Railroad Bridge crossing
Eureka Slough, mile 0.3 at Eureka. The existing regulation requires 24
hour advance notice for openings. The amended regulation stipulates
that the draw need not open for the passage of vessels, however the
draw must be restored to full operation within six months of
notification to take such action from the District Commander. This
amendment will relieve the bridge owner of the burden of maintaining
the machinery and of having a person available to open the draw, and
will still provide for the reasonable needs of navigation.
EFFECTIVE DATE: This rule is effective March 24, 1994.
FOR FURTHER INFORMATION CONTACT:
Jerry P. Olmes, Bridge Section, Eleventh Coast Guard District, at (510)
437-3514.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Jerry
P. Olmes, Project Manager, and Lieutenant Robin Barber, Project
Attorney.
Regulatory History
In 58 FR 7497, Feb. 8, 1993, the Coast Guard published a notice of
proposed rulemaking to amend the regulation that the draw no longer
need open for the passage of vessels. In addition, the Commander,
Eleventh Coast Guard District also published the proposal in a Public
Notice dated February 16, 1993. Six comments were received on the
proposal. A public hearing was not requested and one was not held.
Background and Purpose
Presently, the North Coast Railroad Bridge is required to open on
signal if at least 24 hours advance notice is given. The North Coast
Railroad had requested that the draw no longer need open for vessels
since there had been no requests for opening for at least eight years.
Except for tests, Coast Guard bridge records show no bridge openings
for at least thirty-six years.
Discussion of Comments and Changes
The Coast Guard received 6 comments on the Notice of Proposed
Rulemaking. Four offered no objection. The California Department of
Boating and Waterways (CalBoating) requested that the Coast Guard
reevaluate the need for persons to be available to operate the bridge
if boating activities increase. The Humboldt County Association of
Governments (HCAOG) objected to the original proposal, as they felt
that permanent closure was too final an action to take. Even though no
vessel had requested an opening for many years, the HCAOG's Technical
Advisory Committee (TAC) felt that the bridge should remain functional,
and suggested possibly a 30 day window for notice of opening. The TAC
advised that many business and properties upstream of the bridge had
dikes which were in some disrepair, that fuel spills or hazardous
material in the slough could be inapproachable should the bridge be
closed on a permanent basis, and that bridge closure could impact
future economic development along reaches of the Eureka Slough by
eliminating waterfront access.
The Coast Guard found that dike and levee maintenance is presently
done by dragline instead of dredges and that pollution response would
likely be done from landside as well. The bridge would not prevent
small motorboats from reaching sites upstream of the bridge to
transport pollution containment booms or investigate spills. The
regulation would prevent larger vessels from travelling upstream or
mooring upstream. The CalBoating and HCAOG comments prompted the Coast
Guard to develop a compromise proposal that the bridge need not open
for vessels, but in the event of development requiring bridge openings,
the bridge would be restored to service in six months upon order of the
District Commander. On September 22, 1993, the HCAOG agreed to the
compromise, and on January 6, 1994, the North Coast Railroad also
agreed.
Regulatory Evaluation
This rule is not considered a significant regulatory action under
Executive Order 12866 and is not significant under the Department of
Transportation Regulatory Policies and Procedures (44 FR 11040,
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a Regulatory Evaluation is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
`'small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632). Because it expects the impacts of this change to be
minimal, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this rule will
not have a significant impact on a substantial number of small
entities.
Collection of Information
This rule 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 under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not raise sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under section 2.B.2.g.(5) of Commandant Instruction
M16475.1B, promulgation of operating requirements or procedures for
drawbridges is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination is available in
the docket.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
Subpart B--Specific Requirements
1. 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).
2. Section 117.155 is revised to read as follows:
Sec. 117.155 Eureka Slough.
The draw of the North Coast Railroad Bridge, mile 0.3 at Eureka,
need not be opened for the passage of vessels. The owner or agency
controlling the bridge shall restore the draw to full operation within
six months of notification to take such action from the District
Commander.
Dated: February 3, 1994.
R.D. Herr,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 94-3925 Filed 2-18-94; 8:45 am]
BILLING CODE 4910-14-M
