[Federal Register Volume 77, Number 243 (Tuesday, December 18, 2012)]
[Rules and Regulations]
[Pages 74775-74777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30402]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2011-1138]
RIN 1625-AA09
Drawbridge Operation Regulation; Sacramento River, CA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating schedule governing
the Freeport Drawbridge, mile 46.0, over the Sacramento River. The
bridge owner proposed to change the ``on demand'' bridge opening hours
and dates, due to a documented decrease in drawbridge openings compared
to other nearby bridges. The change is to address the issue of
misalignment between drawbridge staffing and actual drawbridge
operation, resulting in unnecessary staffing of the drawbridge during
periods of navigational inactivity.
DATES: This rule is effective January 17, 2013.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of Docket No. USCG-2011-1138 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-1138 in the
``Search'' box, and then clicking ``Search.'' This material is also
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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast
Guard District; telephone (510) 437-3516, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
ANPRM Advanced Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
A. Regulatory History and Information
On January 25, 2012, we published an Advance Notice of Proposed
Rulemaking (ANPRM), entitled Drawbridge Operation Regulation;
Sacramento River, CA in the Federal Register (77 FR 3664). On August
10, 2012, we published a Notice of Proposed Rulemaking (NPRM), entitled
Drawbridge Operation Regulation, Sacramento River, CA, in the Federal
Register (77 FR 47789). No public meeting was requested, and none was
held.
B. Basis and Purpose
The Freeport Drawbridge is a swing span style drawbridge at mile
46.0, over
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the Sacramento River, owned by the County of Sacramento and maintained
by Sacramento and Yolo counties. The drawbridge provides 190 feet
horizontal clearance, 29 feet of vertical clearance for vessels above
Mean High Water in the closed-to-navigation position and unlimited
vertical clearance when open. The Sacramento River is legally navigable
for bridge permitting purposes from its confluence with Suisun Bay to
mile 245.0 at Red Bluff, CA.
Sacramento and Yolo counties submitted a joint request for a
permanent change to the Freeport Drawbridge operating requirements,
with support from Congressman Mike Thompson. The change is to address
the misalignment between drawbridge staffing and openings for vessels.
The bridge owner has provided bridge operating statistics showing
significantly less drawspan operations during certain months and
evening hours in 2009-2010, than nearby bridges at Georgiana Slough,
Tyler Island and Walnut Grove. The statistical information and a
detailed explanation by the bridge owner have been included in the
docket (USCG-2011-1138-0003 & 0004) and are available for public
review. The bridge owner performed significant outreach to various
waterway user organizations including the Pacific Inter-Club Yacht
Association, the Recreational Boaters of California, the Capital City
Yacht Club, the Sacramento Yacht Club, River View Yacht Club and
Hornblower Cruises.
C. Discussion of Comments, Changes and the Final Rule
Sacramento and Yolo counties submitted a joint request for a change
to the Freeport Drawbridge operating requirements. Under the existing
operating regulations, Freeport Drawbridge opens on signal from May 1
through October 31 from 6 a.m. to 10 p.m. and from November 1 through
April 30 from 9 a.m. to 5 p.m. At all other times, the draw shall open
on signal if at least four hours notice is given to the drawtender at
the Rio Vista bridge across the Sacramento River, mile 12.8. The
Counties proposed to change the ``on demand'' bridge opening hours to
May 1 through September 30, from 9 a.m. to 5 p.m. At all other times
(including November 1 through April 30), the draw shall open on signal
if at least four hours notice is given to the drawtender at the Rio
Vista bridge across the Sacramento River, mile 12.8. This will allow
the bridge owner to remove the bridge operator from the drawbridge
until needed for scheduled bridge openings, providing a possible
monetary savings to the Counties due to reduced bridge operating
personnel costs. There is no alternative route for vessels navigating
on this reach of the waterway. Vessels that can be safely navigated
through the drawbridge while it is in the closed to navigation position
may continue to do so at any time.
Submissions 0001-0009 in the electronic docket were posted by the
Coast Guard. The single public comment (USCG-2011-1138-0010) referred
to the advance notice period as ``closure'', recommended an October 15
start date due to Fleet Week, observed the statistical period was
during the economic downturn and associated decline in vessel transits,
and recommended a wider dissemination to all California boat owners.
The ``advance notice'' period is not a closure but a period when vessel
operators call the bridge owner in advance to schedule a bridge opening
upon their arrival at the bridge. The statistics provided included the
October Fleet Week transits and support the proposed change to the
regulation. The economy may influence the number of vessel transits and
upon economic recovery and associated increase in navigation, proposals
to readjust the operating regulation may be submitted by anyone in
compliance with 33 CFR 117.8. The ANPRM and NPRM were disseminated via
publication in the Federal Register and also the Coast Guard Local
Notice to Mariners between January 4, 2012, and September 24, 2012. The
bridge owner held numerous meetings with leading vessel owner
organizations prior to submitting their proposal to the Coast Guard.
The required methods and extent of outreach to the public was met or
exceeded. We encourage the public to read the Federal Register and
Coast Guard Local Notice to Mariners to be informed of proposed
actions.
D. Regulatory Analyses
We developed this final rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
Bridge operating statistics provided by the bridge owner during
2009-2010, show significantly fewer drawspan operations than nearby
bridges at Georgiana Slough, Tyler Island and Walnut Grove due to
greater vertical clearance provided by the Freeport drawbridge.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
This rule will adjust an existing advance notice requirement for
bridge openings to more closely conform to the existing needs of
navigation, while allowing the bridge owner to reduce bridge operation
costs, as documented by the statistics provided by the bridge owner.
Vessels that can safely transit under the bridge while in the closed to
navigation position, may continue to do so at any time.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain
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about this rule or any policy or action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``FOR FURTHER
INFORMATION CONTACT'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.189 to read as follows:
Sec. 117.189 Sacramento River.
(a) The draws of each bridge from Isleton to the American River
junction except for the Sacramento County highway bridge across the
Sacramento River, mile 46.0 at Freeport, shall open on signal from May
1 through October 31 from 6 a.m. to 10 p.m. and from November 1 through
April 30 from 9 a.m. to 5 p.m. At all other times, the draws shall open
on signal if at least four hours notice is given to the drawtender at
the Rio Vista bridge across the Sacramento River, mile 12.8.
(b) The draw of the Sacramento County highway bridge, mile 46.0 at
Freeport, shall open on signal from May 1 through September 30 from 9
a.m. to 5 p.m. At all other times, the draw shall open on signal if at
least four hours notice is give to the drawtender at the Rio Vista
Bridge across the Sacramento River, mile 12.8.
(c) The draws of the California Department of Transportation
bridges, mile 90.1 at Knights Landing, and mile 135.5 at Meridian,
shall open on signal if at least 12 hours notice is given to the
California Department of Transportation at Marysville.
(d) The draws of the bridges above Meridian need not be opened for
the passage of vessels.
Dated: November 20, 2012.
Karl L. Schultz,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2012-30402 Filed 12-17-12; 8:45 am]
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