[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