[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Rules and Regulations]
[Pages 17247-17248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9656]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD11-95-02]
RIN-2115-AE47
Drawbridge Operation Regulations; Little Potato Slough
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: At the request of the California Department of Transportation,
the Coast Guard is amending the regulation for the Highway 12 Swing
Bridge crossing over Little Potato Slough, mile 1.0, at Terminous, near
Stockton, California. The amended regulation stipulates that the draw
must open on 4 hours advance notice at all times. This amendment will
allow the bridge owner to reduce operating expenses, and will provide
for the reasonable needs of navigation.
EFFECTIVE DATE: May 20, 1996.
FOR FURTHER INFORMATION CONTACT:
Christian G. Cerles, Bridge Section, Eleventh Coast Guard District,
Building 10, Room 214, Coast Guard Island, Alameda, CA. 94501-5100. The
telephone number is (510) 437-3514.
SUPPLEMENTARY INFORMATION:
Discussion of the Amendment
Regulatory History
On February 10, 1995, the Coast Guard published a Notice of
Proposed Rulemaking for these regulations in the Federal Register (60
FR 7928). Interested parties were given until April 11, 1995 to submit
comments. The Coast Guard received 40 comments on the proposal. A
public hearing was not requested and one was not held.
Background and Purpose
The Coast Guard is changing the operating regulation for the Little
Potato Slough swing bridge to require 4 hours advance notice at all
times. The Little Potato Slough swing bridge was rebuilt at a higher
elevation in 1991. Prior to its reconstruction, the bridge provided
only 9 feet vertical clearance at Mean High Water and opened more than
3,000 times each year for vessel passage. After reconstruction, it
provides 35 feet vertical clearance and opens much less frequently. In
1993 it opened only 239 times, an average of less than one opening each
day. The Little Potato Slough Bridge can now pass most vessels without
an opening, and the remaining vessels can be accommodated with openings
provided on advanced notice.
[[Page 17248]]
Discussion of comments
One marina owner and one recreational mariner wrote in support of
the regulation. The Coast Guard received 29 postcards and 1 letter
indicating general opposition to any change in the regulations for
Sacramento and San Joaquin River Delta drawbridges. No specific
information was provided in those postcards and letter. The owners of
the Tower Park Marina, adjacent to the bridge, opposed the change on
the basis that it would be an inconvenience to their customers and
would result in a loss of business. They recommended that the existing
regulation be revised slightly to begin the winter operation schedule
one month earlier. Five recreational mariners who moor at, or frequent
Tower Park Marina also opposed the change as an inconvenience to their
use of the waterway. One of them recommended a shorter summer attended
schedule and one recommended openings on the hour or at other
predetermined times. The owner of the Steamboat Resort opposed any
reduced drawbridge service, and recommended providing attended service
during high use periods.
Although the advance notice will be less convenient for mariners
than attended service, it will accommodate all requests for bridge
openings. The number of openings averages less than one per day year-
round (1.3 openings per day during the summer months), thus the
regulation should meet the reasonable needs of navigation. The 4 hour
notice requirement is consistent with the notice requirements for other
bridges in this area, and has been used successfully in the past during
the unattended periods.
Two recreational mariners pointed out that a shoal at the mouth of
the Mokelumne River, the alternate waterway route, limits the access
for deeper draft recreational vessels. The new regulation will provide
for bridge openings at any time-with 4 hours advance notice, thus
deeper draft recreational vessels and commercial vessels will continue
to have access through Little Potato Slough.
The Dutra Dredging Company (Dutra) opposed the change as a
restriction on their operations including emergency response. As noted
above, although the advance notice will be less convenient for mariners
than attended service, it will accommodate all requests for bridge
openings. Second, emergency bridge openings must be provided at all
drawbridges ``as soon as possible'' for vessels in distress or
commercial vessels engaged in rescue or emergency salvage operations,
under 33 CFR 117.31. Dutra questioned whether openings would be
provided on 4 hour notice and believed that openings would be very
numerous on summer weekends. The applicant reaffirmed that openings
would be provided on 4 hours advance notice and provided bridge logs
which showed that there was no significant difference between openings
on summer weekdays or summer weekend days. Dutra also questioned
whether the operators called to open the bridge would be adequately
trained. The applicant advised that all personnel involved in operating
the bridge would be appropriately trained. Dutra noted that there have
been incidents of high-masted vessels losing power near the bridge and
if there was no one available to open the bridge promptly, there would
be damage to both the bridge and vessel. That is a possibility,
however, under those circumstances, the presence of a bridge operator
would not guarantee the safety of either the vessel or bridge, nor
would the absence of a bridge operator guarantee damage to either the
vessel or bridge.
Small Entities
Currently, the number of bridge openings averages less than one per
day year-round. Since the number of affected vessels is small, and the
regulation will still provide access for them, the economic impact to
the adjacent marina should also be small. Therefore, 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.
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.
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 costs
under section 6(a)(3) of that order. It has not been reviewed by the
Office of Management and Budget under that order. It 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.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
List of Subjects in 33 CFR Part 117
Bridges.
Regulation
For the reasons set out in the preamble, the Coast Guard is
amending 33 CFR Part 117 as follows:
1. The authority citation for Part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; CFR 1.46; and 33 CFR 1.05-1(g);
section 117.255 also issued under the authority of Pub. L. 102-587,
106 Stat. 5039.
2. Section 117.167 is revised to read as follows:
Sec. 117.167 Little Potato Slough.
The draw of the California Department of Transportation highway
bridge, mile 0.1, at Terminus, shall open on signal if at least 4 hours
notice is given to the drawtender at the Rio Vista bridge across the
Sacramento River, mile 12.8.
Dated: March 6, 1996.
R.A. Appelbaum,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 96-9656 Filed 4-18-96; 8:45 am]
BILLING CODE 4910-14-M
