Drawbridge Operation Regulations; Connection Slough, Bacon Island, CA, 30225-30227 [E9-14946]

Download as PDF Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG–2008–1141, formerly CGD11–03– 005] RIN 1625–AA09 Drawbridge Operation Regulations; Connection Slough, Bacon Island, CA Coast Guard, DHS. Final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is changing the drawbridge operation regulation governing the operation of the Connection Slough Drawbridge. This final rule ensures a drawbridge operator can be contacted, is present at the drawbridge during identified increased navigation periods, and reduces the hours a drawbridge operator is required to be at the drawbridge and not gainfully employed. These changes will continue to provide for the reasonable needs of navigation. DATES: This rule is effective July 27, 2009. 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 USCG- USCG– 2008–1141 and are available online by going to http://www.regulations.gov, selecting the Advanced Docket Search option on the right side of the screen, inserting USCG–2008–1141 in the Docket ID box, pressing Enter, and then clicking on the item in the Docket ID column. 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 e-mail Mr. David H. Sulouff, Bridge Administrator, Eleventh Coast Guard District; telephone (510) 437–3516, email David.H.Sulouff@uscg.mil. If you have questions on viewing the electronic docket, call Ms. Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: sroberts on PROD1PC70 with RULES ADDRESSES: Regulatory Information On September 22, 2003, the Coast Guard published a Notice of Proposed VerDate Nov<24>2008 16:08 Jun 24, 2009 Jkt 217001 Rulemaking (NPRM) entitled Drawbridge Operation Regulations; Connection Slough, Stockton, CA (68 FR 55020), to adjust the advance notice procedures for mariners to contact the drawbridge for an opening. Based on the 220 comments received, the Coast Guard reopened the comment period on June 18, 2004, with a Supplemental Notice of Proposed Rulemaking (SNPRM) (69 FR 34100), under the same title, to explain and reemphasize the continued availability for the drawbridge to open, with seasonal adjustments to the ‘‘advance notice’’ times for mariners to schedule openings of the bridge. Two non-substantive comments were received from the SNPRM; however, due to variances between the bridge owner and the public, the Coast Guard chose to not move forward with the proposed rule but left the docket open. At the request of the bridge owner to reassess the proposed rule, the Coast Guard published another SNPRM on December 1, 2008, (73 FR 72752) using the electronic docket tracking system as USCG–2008–1141. The comment period concluded on March 2, 2009 with no comments. Background and Purpose The drawbridge owner, Central California Redevelopment Company (CCRC Farms), requested changing the dates and times for advance notice for drawspan operation at their Reclamation District drawbridge, crossing Connection Slough between Mandeville and Bacon Islands, near Stockton, CA. The reason for the proposal was to reduce operating costs of the drawbridge while continuing to meet the reasonable needs of vessel traffic. CCRC Farms provided drawbridge operating logs for a two-year period (2000 to 2002) that documented a significant decrease in calls for operation of the drawspan from September 16 to May 14, annually, between the hours of 5 p.m. and 9 a.m. This supported their request to adjust the existing advance notice period to more closely match the reduced navigational activity. On September 22, 2003, we published an NPRM and the information was also published in the Coast Guard Local Notice to Mariners (LNM), 40/3, dated October 7, 2003. The Coast Guard received approximately 220 letters and observed at least two articles in a local publication that objected to a reduced availability of the drawbridge to open for vessels. The wording in the NPRM and the LNM did not clearly explain that the drawspan will continue to be available for passage of vessels on a 24 hour, seven day per week basis. We PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 30225 addressed those comments in the June 18, 2004 SNPRM and provided written copies of the SNPRM to the local media and to those who commented previously, to ensure any replies to our office are based upon the official proposal. The Coast Guard received two non-substantive comments regarding the SNPRM. However there remained conflicting information between the bridge owner and the waterways users. At that time the Coast Guard chose not to pursue the proposed schedule until the differing issues could be resolved and chose to leave the docket open. On July 24, 2008, Tuscany Research Institute and CCRC Farms provided additional supporting documentation in favor of revised advance notice drawbridge operation regulation for the bridge and reinitiated the request for the Coast Guard to evaluate the proposal. On December 1, 2008, the Coast Guard published an SNPRM in the Federal Register, proposing adjusted advance notice times for this drawbridge. The Coast Guard also published the information in the Local Notice to Mariners for 21 weeks, beginning October 8, 2008 and ending February 25, 2009. The existing regulation, 33 CFR 117.150, requires the drawbridge, from May 1 through October 31, to open on signal between the hours of 6 a.m. and 10 p.m., and from November 1 through April 30, to open on signal between the hours of 9 a.m. and 5 p.m. All other times the drawbridge must open on signal if notice is given at least four hours in advance. All drawbridges are required to open for emergencies as required by 33 CFR 117.31. It is also important to note that the existing regulation presently allows the drawbridge owner to operate the drawbridge with advance notice, during certain dates and times. It does not allow the drawbridge to remain closed or to obstruct navigation, when the proper signals to open have been given. Many comments, received in response to the NPRM, indicated a lack of understanding of the existing advance notice operation. Therefore, the Coast Guard will ensure signs are installed, maintained and updated by the bridge owner, on the upstream and downstream sides of the drawbridge, in compliance with 33 CFR 117.55, to post the advance notice schedules, with telephone numbers and point of contact to be notified for drawbridge operation. Vessel operators are reminded to adhere to requirements in 33 CFR 117.11 regarding unnecessary opening of the draw. The Coast Guard periodically reminds bridge owners of their E:\FR\FM\25JNR1.SGM 25JNR1 30226 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations responsibility to provide drawbridge openings for vessels when signals have been given, and failure to comply may result in significant civil penalties against the bridge owner. Waterway users are encouraged to promptly notify the Eleventh Coast Guard District Bridge Office at (510) 437–3516, if vessel delays are caused by improper operation of the drawbridge. Discussion of Comments and Changes This rule amends 33 CFR 117.150 by revising the current operating schedule for the Reclamation District No. 2027 bridge across Connection Slough. This rule extends both the annual date and daily time when the bridge is allowed to operate under advanced notice. Comments received from the NPRM are discussed more fully above and were addressed in the SNPRM dated June 18, 2004. The June 18, 2004 SNPRM received two comments and neither was substantive in regard to the proposed rule and the 2008 SNPRM received no comments. No public meeting was requested and none was held. Regulatory Analysis We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analysis based on 13 of these statutes or executive orders. sroberts on PROD1PC70 with RULES Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. This conclusion is based on the fact that these changes have only a minimal impact on maritime traffic transiting the bridge. Mariners can schedule bridge openings any time, night or day, any day of the year. Mariners may also plan their trips to arrive at the drawbridge during times when a bridge operator is scheduled to be present at the bridge. Vessels that can pass under the bridge without a bridge opening may do so at all times. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently VerDate Nov<24>2008 16:08 Jun 24, 2009 Jkt 217001 owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. This conclusion is based on the fact that the changes will have only a minimal impact on maritime traffic transiting the bridge. Mariners can schedule bridge openings any time, night or day, any day of the year. Mariners may also plan their trips to arrive at the drawbridge during times when a bridge operator is scheduled to be present at the bridge. Vessels that can pass under the bridge without a bridge opening may do so at all times. Assistance for Small Entities 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.). Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. Frm 00016 Fmt 4700 Sfmt 4700 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 or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule would not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), in the SNPRM we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. 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 about this rule or any policy or action of the Coast Guard. PO 00000 Unfunded Mandates Reform Act 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. 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 would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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. 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 E:\FR\FM\25JNR1.SGM 25JNR1 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations § 117.150 require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Connection Slough. The draw of the Reclamation District No. 2027 bridge between Mandeville and Bacon Islands, mile 2.5 near Stockton, from May 15 through September 15, shall open on signal between the hours of 9 a.m. and 5 p.m., and it shall open upon 12 hours advance notice between the hours of 5 p.m. and 9 a.m.; and from September 16 through May 14 the draw shall open upon 12 hours advance notice between the hours of 9 a.m. and 5 p.m., and it shall open upon 24 hours advance notice between the hours of 5 p.m. and 9 a.m. Advance notice shall be given to the drawbridge operator by telephone at (209) 464–2959 or (209) 464–7928 weekdays between 8 a.m. and 5 p.m., and at (209) 993–8878 all other times. Dated: June 8, 2009. P.F. Zukunft, Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard District. [FR Doc. E9–14946 Filed 6–24–09; 8:45 am] BILLING CODE 4910–15–P Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide 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 does not individually or cumulatively have a significant effect on the human environment. Therefore this rule is categorically excluded, under section 2.B.2. figure 2–1, paragraph (32)(e), of the Instruction. Under figure 2–1, paragraph (32)(e), of the Instruction, neither an environmental analysis checklist nor 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: ■ 1. The authority citation for part 117 continues to read as follows: sroberts on PROD1PC70 with RULES Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. VerDate Nov<24>2008 16:08 Jun 24, 2009 Jkt 217001 RIN 2900–AN07 Foreign Medical Program of the Department of Veterans Affairs— Hospital Care and Medical Services in Foreign Countries Department of Veterans Affairs. Final rule. AGENCY: ACTION: SUMMARY: This document amends Department of Veterans Affairs (VA) medical regulations applicable to VA’s Foreign Medical Program, Hospital Care and Medical Services in Foreign Countries. This rule is intended to change provisions concerning the location for filing Foreign Medical Program claims and delegations of authority for adjudicating those claims. It also corrects an obsolete regulatory citation. These changes are made for accuracy. Effective Date: July 27, 2009. FOR FURTHER INFORMATION CONTACT: ■ 2. Revise 33 CFR 117.150 to read as follows: 38 CFR Part 17 DATES: PART 117—DRAWBRIDGE OPERATION REGULATIONS ■ DEPARTMENT OF VETERANS AFFAIRS Richard M. Trabert, Policy Management Division (741/PMD), VA Health Administration Center, P.O. Box 65020, Denver, CO 80206–9020; (303) 331– 7549. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: This document amends certain provisions concerning VA’s Foreign Medical Program (FMP) in VA’s medical regulations in 38 CFR part 17. The FMP PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 30227 is a VA health benefits program designed for a veteran who is residing or traveling outside of the United States, if the veteran requires treatment for a VA-rated service-connected disability or any disability associated with and aggravating a service-connected disability; or if the veteran requires care for certain reasons during participation in a rehabilitation program under 38 U.S.C. chapter 31. This rule amends 38 CFR 17.35, 17.125, and 17.141. We are amending § 17.35, ‘‘Hospital care and medical services in foreign countries,’’ to correct an obsolete reference in § 17.35(b) to 38 CFR 17.48(j)(2). The reference is corrected to § 17.47(i)(2) to reflect the redesignation of that paragraph pursuant to two earlier final rules (see 61 FR 21964, 21965 (May 13, 1996); 65 FR 54207, 54218 (Oct. 6, 1999)). This rule amends § 17.125, ‘‘Where to file claims,’’ to reflect a change in the mailing address for FMP claims sent to the Health Administration Center in Denver, Colorado. It also amends § 17.125, as well as § 17.141, ‘‘Authority to adjudicate foreign reimbursement claims,’’ to remove provisions that distinguish the filing and adjudication of FMP claims for services rendered in Canada from those claims for services rendered in other foreign countries. Currently, these provisions instruct claimants to file claims for services rendered in Canada with the VA Medical Center in White River Junction, Vermont, and reflect a delegation of authority to that office for adjudication of those claims. Current § 17.125 provides that claims for services rendered in other foreign countries (except the Philippines) must be mailed to the Denver Health Administration Center and § 17.141 reflects a delegation of authority to that office for adjudication of those claims. This rule removes the distinction between Canada and other foreign countries, thereby requiring claims under the FMP for services rendered in Canada to be mailed to and adjudicated by the Health Administration Center. Administrative Procedure Act This document merely corrects a citation to a regulatory paragraph to reflect that paragraph’s redesignation and makes other changes pertaining to agency management, organization, and procedure. Accordingly, its publication as a final rule is pursuant to 5 U.S.C. 553, which exempts such a document from the notice-and-comment requirements of section 553. E:\FR\FM\25JNR1.SGM 25JNR1

Agencies

[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Rules and Regulations]
[Pages 30225-30227]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14946]



[[Page 30225]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2008-1141, formerly CGD11-03-005]
RIN 1625-AA09


Drawbridge Operation Regulations; Connection Slough, Bacon 
Island, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the drawbridge operation 
regulation governing the operation of the Connection Slough Drawbridge. 
This final rule ensures a drawbridge operator can be contacted, is 
present at the drawbridge during identified increased navigation 
periods, and reduces the hours a drawbridge operator is required to be 
at the drawbridge and not gainfully employed. These changes will 
continue to provide for the reasonable needs of navigation.

DATES: This rule is effective July 27, 2009.

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 USCG- USCG-2008-1141 and are available 
online by going to http://www.regulations.gov, selecting the Advanced 
Docket Search option on the right side of the screen, inserting USCG-
2008-1141 in the Docket ID box, pressing Enter, and then clicking on 
the item in the Docket ID column. 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 e-mail Mr. David H. Sulouff, Bridge Administrator, Eleventh 
Coast Guard District; telephone (510) 437-3516, e-mail 
David.H.Sulouff@uscg.mil. If you have questions on viewing the 
electronic docket, call Ms. Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On September 22, 2003, the Coast Guard published a Notice of 
Proposed Rulemaking (NPRM) entitled Drawbridge Operation Regulations; 
Connection Slough, Stockton, CA (68 FR 55020), to adjust the advance 
notice procedures for mariners to contact the drawbridge for an 
opening. Based on the 220 comments received, the Coast Guard reopened 
the comment period on June 18, 2004, with a Supplemental Notice of 
Proposed Rulemaking (SNPRM) (69 FR 34100), under the same title, to 
explain and reemphasize the continued availability for the drawbridge 
to open, with seasonal adjustments to the ``advance notice'' times for 
mariners to schedule openings of the bridge. Two non-substantive 
comments were received from the SNPRM; however, due to variances 
between the bridge owner and the public, the Coast Guard chose to not 
move forward with the proposed rule but left the docket open.
    At the request of the bridge owner to reassess the proposed rule, 
the Coast Guard published another SNPRM on December 1, 2008, (73 FR 
72752) using the electronic docket tracking system as USCG-2008-1141. 
The comment period concluded on March 2, 2009 with no comments.

Background and Purpose

    The drawbridge owner, Central California Redevelopment Company 
(CCRC Farms), requested changing the dates and times for advance notice 
for drawspan operation at their Reclamation District drawbridge, 
crossing Connection Slough between Mandeville and Bacon Islands, near 
Stockton, CA. The reason for the proposal was to reduce operating costs 
of the drawbridge while continuing to meet the reasonable needs of 
vessel traffic. CCRC Farms provided drawbridge operating logs for a 
two-year period (2000 to 2002) that documented a significant decrease 
in calls for operation of the drawspan from September 16 to May 14, 
annually, between the hours of 5 p.m. and 9 a.m. This supported their 
request to adjust the existing advance notice period to more closely 
match the reduced navigational activity. On September 22, 2003, we 
published an NPRM and the information was also published in the Coast 
Guard Local Notice to Mariners (LNM), 40/3, dated October 7, 2003. The 
Coast Guard received approximately 220 letters and observed at least 
two articles in a local publication that objected to a reduced 
availability of the drawbridge to open for vessels. The wording in the 
NPRM and the LNM did not clearly explain that the drawspan will 
continue to be available for passage of vessels on a 24 hour, seven day 
per week basis. We addressed those comments in the June 18, 2004 SNPRM 
and provided written copies of the SNPRM to the local media and to 
those who commented previously, to ensure any replies to our office are 
based upon the official proposal. The Coast Guard received two non-
substantive comments regarding the SNPRM. However there remained 
conflicting information between the bridge owner and the waterways 
users. At that time the Coast Guard chose not to pursue the proposed 
schedule until the differing issues could be resolved and chose to 
leave the docket open. On July 24, 2008, Tuscany Research Institute and 
CCRC Farms provided additional supporting documentation in favor of 
revised advance notice drawbridge operation regulation for the bridge 
and reinitiated the request for the Coast Guard to evaluate the 
proposal. On December 1, 2008, the Coast Guard published an SNPRM in 
the Federal Register, proposing adjusted advance notice times for this 
drawbridge. The Coast Guard also published the information in the Local 
Notice to Mariners for 21 weeks, beginning October 8, 2008 and ending 
February 25, 2009.
    The existing regulation, 33 CFR 117.150, requires the drawbridge, 
from May 1 through October 31, to open on signal between the hours of 6 
a.m. and 10 p.m., and from November 1 through April 30, to open on 
signal between the hours of 9 a.m. and 5 p.m. All other times the 
drawbridge must open on signal if notice is given at least four hours 
in advance. All drawbridges are required to open for emergencies as 
required by 33 CFR 117.31. It is also important to note that the 
existing regulation presently allows the drawbridge owner to operate 
the drawbridge with advance notice, during certain dates and times. It 
does not allow the drawbridge to remain closed or to obstruct 
navigation, when the proper signals to open have been given. Many 
comments, received in response to the NPRM, indicated a lack of 
understanding of the existing advance notice operation. Therefore, the 
Coast Guard will ensure signs are installed, maintained and updated by 
the bridge owner, on the upstream and downstream sides of the 
drawbridge, in compliance with 33 CFR 117.55, to post the advance 
notice schedules, with telephone numbers and point of contact to be 
notified for drawbridge operation. Vessel operators are reminded to 
adhere to requirements in 33 CFR 117.11 regarding unnecessary opening 
of the draw. The Coast Guard periodically reminds bridge owners of 
their

[[Page 30226]]

responsibility to provide drawbridge openings for vessels when signals 
have been given, and failure to comply may result in significant civil 
penalties against the bridge owner. Waterway users are encouraged to 
promptly notify the Eleventh Coast Guard District Bridge Office at 
(510) 437-3516, if vessel delays are caused by improper operation of 
the drawbridge.

Discussion of Comments and Changes

    This rule amends 33 CFR 117.150 by revising the current operating 
schedule for the Reclamation District No. 2027 bridge across Connection 
Slough. This rule extends both the annual date and daily time when the 
bridge is allowed to operate under advanced notice.
    Comments received from the NPRM are discussed more fully above and 
were addressed in the SNPRM dated June 18, 2004. The June 18, 2004 
SNPRM received two comments and neither was substantive in regard to 
the proposed rule and the 2008 SNPRM received no comments. No public 
meeting was requested and none was held.

Regulatory Analysis

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analysis 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    This conclusion is based on the fact that these changes have only a 
minimal impact on maritime traffic transiting the bridge. Mariners can 
schedule bridge openings any time, night or day, any day of the year. 
Mariners may also plan their trips to arrive at the drawbridge during 
times when a bridge operator is scheduled to be present at the bridge. 
Vessels that can pass under the bridge without a bridge opening may do 
so at all times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities.
    This conclusion is based on the fact that the changes will have 
only a minimal impact on maritime traffic transiting the bridge. 
Mariners can schedule bridge openings any time, night or day, any day 
of the year. Mariners may also plan their trips to arrive at the 
drawbridge during times when a bridge operator is scheduled to be 
present at the bridge. Vessels that can pass under the bridge without a 
bridge opening may do so at all times.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the SNPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.
    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 about this rule or any policy or 
action of the Coast Guard.

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.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

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.

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 would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would 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.

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

[[Page 30227]]

require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide 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 does not 
individually or cumulatively have a significant effect on the human 
environment. Therefore this rule is categorically excluded, under 
section 2.B.2. figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, neither an 
environmental analysis checklist nor a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

0
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 33 CFR 117.150 to read as follows:


Sec.  117.150   Connection Slough.

    The draw of the Reclamation District No. 2027 bridge between 
Mandeville and Bacon Islands, mile 2.5 near Stockton, from May 15 
through September 15, shall open on signal between the hours of 9 a.m. 
and 5 p.m., and it shall open upon 12 hours advance notice between the 
hours of 5 p.m. and 9 a.m.; and from September 16 through May 14 the 
draw shall open upon 12 hours advance notice between the hours of 9 
a.m. and 5 p.m., and it shall open upon 24 hours advance notice between 
the hours of 5 p.m. and 9 a.m. Advance notice shall be given to the 
drawbridge operator by telephone at (209) 464-2959 or (209) 464-7928 
weekdays between 8 a.m. and 5 p.m., and at (209) 993-8878 all other 
times.

    Dated: June 8, 2009.
P.F. Zukunft,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. E9-14946 Filed 6-24-09; 8:45 am]
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