Drawbridge Operation Regulations: Oakland Inner Harbor Tidal Canal, CA

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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