[Federal Register Volume 60, Number 89 (Tuesday, May 9, 1995)]
[Proposed Rules]
[Pages 24599-24601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11297]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD11-95-003]
RIN 2115-AE47
Drawbridge Operation Regulations; Oakland Inner Harbor Tidal
Canal, CA
Agency: Coast Guard, DOT.
action: Notice of proposed rulemaking.
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summary: At the request of the Alameda County, California Public Works
Agency, the Coast Guard is considering amending the regulation or the
draws of the Alameda County vehicular bridges crossing the Oakland
Inner Harbor Tidal Canal at the following locations: Park Street, mile
7.3; Fruitvale Avenue, mile 7.7; High Street, mile 8.1; as well as the
U.S. Army Corps of Engineers railroad bridge, mile 7.7 at Fruitvale
Avenue. Under the existing regulations, the draws are attended 24 hours
per day, and open on signal except during designated morning and
afternoon commute periods. The proposed amendment requires attended
service 16 hours per day, preserves the existing commute hours
closures, and provides for openings on four-hour notice during
nighttime hours when an operator is not in constant attendance. This
amendment will allow the bridge owner to reduce operating expenses and
should still provide for the reasonable needs of navigation. In
addition, the identifying waterway mileage designating the location of,
and the call sign for, each bridge would be revised to conform with the
currently utilized standard of measurement.
dates: Comments must be received on or before June 23, 1995.
addresses: Comments may be mailed to Commander (oan-br), Eleventh Coast
Guard District, Room 214, Building 10, Coast Guard Island, Alameda, CA
94501-5100, or may be delivered to Room 214 at the same address between
8 a.m. and 3 p.m., Monday through Friday, except Federal holidays.
Commander (oan-br), Eleventh Coast Guard District maintains the
public docket for this rulemaking. Comments will become part of the
docket and will be available for inspection or copying at Room 214,
Building 10, Coast Guard Island, Alameda, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays.
for further information contact: Jerry P. Olmes, Bridge Section,
Eleventh Coast Guard District, telephone (510) 437-3514.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD11-95-003) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. The Coast Guard requests that comments and attachments be
submitted in an unbound format suitable for copying and electronic
filing. If this is not practical, a second copy of any bound materials
is requested. Persons desiring acknowledgment of receipt of comments
should enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Project Manager at the address under
ADDRESSES. The request should include reasons why a hearing would be
beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information
The principal persons involved in drafting this document are Jerry
P. Olmes, Eleventh Coast Guard District Bridge Section, Project
Manager, and Lieutenant Robin J. Barber, Eleventh Coast Guard District
Legal Office, Project Counsel.
Background and Purpose
The four drawbridges used for automobile and railroad traffic
across the Oakland Inner Harbor Tidal Canal are operated and maintained
by the County of Alameda, California. The U.S. Army Corps of Engineers
(USACOE) railroad bridge at Fruitvale Avenue is owned by the USACOE,
but is operated by the County in coordination with the Fruitvale Avenue
automobile bridge. The minimum vertical clearance of the lowest of the
bridges in the closed position is 13 feet (3.96 meters) above Mean High
Water (MHW).
At present, under the rules in 33 CFR 117.181 the bridges have
attended service 24 hours per day and open upon signal, except for
morning and afternoon commute hours closures. Historically, the Park
Street Bridge is the most frequently opened bridge, opening about 1,500
times annually to allow 2,000 vessels to pass. Approximately 60% of the
openings are for recreational vessels, which travel predominantly
during daylight hours, and one third of the openings are for commercial
vessels, which historically transit at all hours.
An analysis of the County's logs of bridge openings at the series
of bridges for the year ending March 31, 1993 indicates that 96% of
transiting [[Page 24600]] recreational vessels and 73% of commercial
vessels signaled for openings between 6 a.m. and 10 p.m., weekdays, and
between 7 a.m. and 11 p.m., weekends and holidays.
Discussion of the Proposed Amendment
The proposed operating regulation would affect bridge openings only
during nighttime hours. Between 6 a.m. and 10 p.m., Monday through
Friday, and between 7 a.m. and 11 p.m., Saturdays, Sundays, and Federal
holidays, the present system of operation, including weekday morning
and afternoon commute hours closures, would not change. During all
other periods, the proposed regulations would require the draws to open
on signal if at least four hours advance notice is given to either the
drawtender at the Park Street Bridge or to the Alameda County Public
Works Agency at Hayward.
The vast majority of vessel transits would be unaffected by this
amendment. The recreational and commercial vessel traffic transit
requirements are substantially reduced during the proposed designated
nighttime hours. Therefore, the Coast Guard considers a requirement of
advance notice to request draw openings during these hours of reduced
vessel traffic to be reasonable. The proposed amendment would permit
the bridges operator to reduce operating expenses while still ensuring
that all draw opening requests are accommodated, and still provided for
the reasonable needs of navigation.
Commercial vessels transiting the series of bridges usually
constitute tug and barge combinations, which have restricted
maneuverability. In order to meet the reasonable needs of navigation of
these vessels, the proposed regulation would require that sufficient
draw operators be provided for openings requested during the nighttime
period to ensure that commercial vessels which have provided four-hour
advance notice may make a continuous transit though the series of
bridges without having to slow their transit or wait between bridges
for openings.
The existing regulation contains a provision that the draws will
open for vessels in distress and emergency vessel traffic ``as soon as
possible.'' Since the existing regulation was promulgated the Coast
Guard has established in 33 CFR 117.31 a general regulation applicable
to all drawbridges, which requires that a bridge operator ``take all
reasonable measures to have the draw opened, regardless of the
operating schedule of the draw, for the passage of'' emergency vessels
and vessels in distress. The existing reference to emergency openings
in 33 CFR 117.181 would therefore be eliminated as redundant. The Coast
Guard believes that the proposed change will continue to provide for
emergency needs.
The present regulations reflect the USACOE traditional method of
measurement of waterway mileage in statute miles. The Coast Guard and
the operators of other bridges in the area designate bridge location
using nautical miles, and the proposed rule reflects this latter
standard of measurement. The location designations and call signs in 33
CFR 117.181 and in appendix A to part 117 would also be changed to
reflect a measurement baseline of the first point of land defining the
Oakland Inner Harbor Tidal Canal, as is currently used by the Coast
Guard and the other bridge operators and to reflect changes to call
signs monitored.
Regulatory Evaluation
This proposal 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 regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040,
February 26, 1979). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the Department of Transportation regulatory policies
and procedures is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' may include (1) small business and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields, and (2) governmental jurisdictions
with populations of less than 50,000. Because it expects the impact of
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposal, if adopted, will not have a significant
economic impact on a substantial number of small entities.
Paperwork Reduction Act
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 under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2. of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
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--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 is also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. 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 as follows:
(a) From 6 a.m. through 10 p.m. Monday through Friday, excluding
Federal holidays, except that from 7:30 a.m. to 8:30 a.m. and 3:45 p.m.
to 5:45 p.m. Monday through Friday, 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.
(b) From 7 a.m. through 11 p.m. Saturdays, Sundays, and Federal
holidays.
(c) At all other times if at least four hours advance notice is
given. Advance notice may be given to the drawtender at the Park Street
Bridge or to the Alameda County Public Works Agency at Hayward. For any
commercial vessel [[Page 24601]] which has provided four hours advance
notice of its intended transit, the bridge owners shall provide
sufficient drawtenders so that the commercial vessel will not have to
slow its transit or wait between bridges for openings.
3. Appendix A to part 117 is amended to revise the Oakland Inner
Harbor Tidal Canal entries under the State of California to read as
follows:
Appendix A to Part 117.--Drawbridge Equipped With Radiotelephones
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Calling Working
Waterway Mile Location Bridge name and owner Call sign channel channel
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* * * * * *
*
California
* * * * * *
*
Oakland Inner Harbor 5.2 Oakland...... Park Street, Alameda WHV 996 16 9
Tidal Canal. County.
5.6 Oakland...... Fruitvale Avenue, WQB 330 16 9
Alameda County.
6.0 Oakland...... High Street, Alameda WHX 488 16 9
County.
* * * * * *
*
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Dated: April 27, 1995.
R.A. Appelbaum,
Rear Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard
District.
[FR Doc. 95-11297 Filed 5-8-95; 8:45 am]
BILLING CODE 4910-14-M
