[Federal Register Volume 64, Number 218 (Friday, November 12, 1999)]
[Proposed Rules]
[Pages 61561-61563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29603]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD 11-99-013]
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 a local citizen, the Coast Guard is
considering a change in operating regulations for the drawbridges
crossing the Oakland Inner Harbor Tidal Canal (Oakland Estuary),
between Oakland and Alameda, California. The proposal would amend the
existing operating regulations to adjust the commute hour closures to
coincide with current peak traffic periods.
DATES: Comments must be received on or before January 11, 2000.
ADDRESSES: Comments may be mailed or hand-delivered to: Commander
(oan), Eleventh Coast Guard District, Bldg. 50-6, Coast Guard Island,
Alameda, CA 94501-5100. Comments may also be faxed to: (510) 437-5836.
Comments may be e-mailed to:
[[Page 61562]]
[email protected]. Comments may be delivered to the above address
between 6:30 a.m. and 4:00 p.m. Monday through Friday except Federal
holidays.
The Commander, Eleventh Coast Guard District maintains the public
docket for this rulemaking. Comments will become part of this docket
and will be available for inspection or copying at the address above.
FOR FURTHER INFORMATION CONTACT: Jerry Olmes, Bridge Administrator, at
the address above. His telephone number is (510) 437-3515.
SUPPLEMENTARY INFORMATION:
Requests for Comments
The Coast Guard encourages interested persons to participate in
this proposed rulemaking by submitting written data, views, or
arguments for or against the proposed change. Persons submitting
comments should identify this rulemaking (CGD 11-99-013) and the
specific section of this document to which each comment applies. Give
the reason for each comment. Please submit all comments and attachments
in an unbound format, no larger than 8\1/2\ x 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose a stamped, self addressed postcard
or envelope. All comments and other materials referenced in this notice
will be available for inspection and copying at the Coast Guard address
given above. Normal office hours are between 6:30 a.m. and 4:00 p.m.,
Monday through Friday, except holidays. The Coast Guard plans no public
hearing. Persons may request a public hearing by writing to the Coast
Guard including the reasons why a hearing would be beneficial. If it is
determined that the opportunity for oral presentations will aid in this
rulemaking, the Coast Guard will hold a public hearing at time and
place announced by a later notice in the Federal Register.
The proposed regulation may be changed in light of comments
received. All comments received before the expiration of the comment
period will be considered before final action is taken on the NPRM. The
Commander, Eleventh Coast Guard District, will evaluate all comments
received and determine a course of final action on this proposal.
Background and Purpose
The current regulation, 33 CFR 117.181, specifies that the bridges
need not open for the passage of vessels from 7:30 a.m. to 8:30 a.m.
and 3:45 p.m. to 5:45 p.m. Monday through Friday, except Federal
holidays. This regulation was enacted in 1973 to accommodate peak
highway traffic periods. However, a recent analysis of traffic data
reveals that the peak morning commute period is now from 8:30 a.m. to
9:30 a.m. and the afternoon peak is from 5 p.m. to 7 p.m. The proposed
change should better accommodate peak highway traffic with no
additional impact on vessel traffic, although vessel operators will
have to adjust their travel times. Vessel traffic is light on weekdays;
the bridges typically open about 4 times each day during daylight
hours. Vessel operators should be able to adjust their time of passage
without significant economic consequences.
The Coast Guard also proposes to amend the waterway mileages listed
in the regulation to coincide with current practice.
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
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 Department of
Transportation Regulatory Policies and Procedures (DOT) (44 FR 11040,
February 26, 1979). The only impact would be on the larger vessels not
able to pass under the closed bridge, and they will have the same
access as they do presently, but will have a slightly modified schedule
of closed periods. The Coast Guard expects the impact of this rule to
be so minimal that a full Regulatory Evaluation under paragraph 10e of
the regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. Sec. 601 et seq.),
the Coast Guard must consider whether this proposal will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include small businesses and not-for profit
organizations that are not dominant in their respective fields, and
governmental jurisdictions with populations less than 50,000. For the
same reasons set forth in the Regulatory Evaluation, the Coast Guard
certifies under 5 U.S.C. Sec. 605(b) that this proposal, if adopted, is
not expected to have a significant economic impact on any substantial
number of entities, regardless of their size.
Assistance for Small Entities
In accordance with Sec. 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this proposed rule so
that they can better evaluate its effects on them and participate in
the rule making process. If your small business or organization is
affected by this rule and you have questions concerning its provisions
or options for compliance, please contact Jerry Olmes, Coast Guard
Bridge Section, Alameda office at the address listed in ADDRESSES.
Collection of Information
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 in accordance with the
principles and criteria contained in Executive Order 13132 and has
determined that this proposal does not have federalism implications
under this Order.
Environmental Assessment
The Coast Guard considered the environmental impact of this
proposal and concluded that under Commandant Instruction M16475.1C,
Figure 2-1, paragraph 32(e), this proposal is categorically excluded
from further environmental documentation, because it is a Bridge
Administration Program action involving the promulgation of operating
requirements or procedures for a drawbridge.
Unfunded Mandates
Under the Unfunded Mandates Reform Act of 1995 (Pub L. 104-4), the
Coast Guard must consider whether this proposed rule will result in an
annual expenditure by state, local, and tribal governments, in the
aggregate of $100 million (adjusted annually for inflation). If so, the
Act requires that a reasonable number of regulatory alternatives be
considered, and that from those alternatives, the least costly, most
cost-effective, or least burdensome alternative that achieves the
objective of the rule be selected.
No state, local or tribal government entities will be affected by
this rule, so this rule will not result in annual or aggregate costs of
$100 million or more. Therefore, the Coast Guard is exempt from any
further regulatory requirements under the Unfunded Mandates Act.
[[Page 61563]]
Other Executive Orders on the Regulatory Process
In addition to the statutes and Executive Orders already addressed
in this preamble, the Coast Guard considered the following executive
orders in developing this rule and reached the following conclusions:
E.O 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights. This Rule will not effect a
taking of private property or otherwise have taking implications under
this Order.
E.O. 12875, Enhancing the Intergovernmental Partnership. This Rule
will not impose, on any State, local, or tribal government, a mandate
that is not required by statute and that is not funded by the Federal
government.
E.O. 12988, Civil Justice Reform. This Rule meets applicable
standards in section 3(a) and 3(b)(2) of this Order to minimize
litigation, eliminate ambiguity, and reduce burden.
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks. This Rule is not an economically significant rule and
does not concern an environmental risk to safety disproportionately
affecting children.
List of Subjects in 33 CFR Part 117
Bridges.
Proposed Regulation
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--[AMENDED]
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);
section 117.255 also issued under the authority of P.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; except that, from 8:30 a.m. to 9:30 a.m.
and 5 p.m. to 7 p.m. Monday through Friday except Federal holidays, 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. The draws shall open as soon as possible for vessels
in distress and emergency vessels, including commercial vessels engaged
in rescue or emergency salvage operations.
Dated: October 21, 1999.
T.H. Collins,
Vice Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 99-29603 Filed 11-10-99; 8:45 am]
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