Drawbridge Operation Regulations; Connection Slough, Bacon Island, CA, 30225-30227 [E9-14946]
Download as PDF
<![CDATA[
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 https://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]]
-----------------------------------------------------------------------
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 https://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]
BILLING CODE 4910-15-P
