Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules 24599

three masthead lights regardless of the

length of the tow. This would clearly

indicate that a hawser is in use. The two

masthead lights would be reserved for a

towing vessel pushing ahead or towing

alongside. Currently, three masthead

lights are shown only if the length of the

tow exceeds 200 meters—if less than

200 meters, two masthead lights are

carried, the same as when pushing

ahead or towing alongside.

Barges pushed ahead or towed

alongside are also of concern because of

the large expanse of hull with no lights.

The Coast Guard routinely receives

requests for clarification of Rule 24(f),

usually in conjunction with a specific

scenario/lighting scheme that has been

observed or a proposed lighting scheme.

Comments should clearly describe

any problems associated with barge

lighting and, if possible, provide

potential solutions. The Coast Guard is

particularly interested in

recommendations that would not

require amendment of the Navigation

Rules. The Coast Guard also desires to

ensure conformity with the

International Rules. In adopting the

International Regulations for Prevention

of Collisions at Sea, 1972 (72

COLREGS), the United States not only

agreed that its vessels would abide by

those regulations when in international

waters, but also that any special rules

adopted by the United States for use on

waterways connected with the high seas

and navigable by seagoing vessels

would ‘‘conform as closely as possible

to these rules’’ (72 COLREGS, Rule 1).

Comments received in response to

this notice will be considered by the

Coast Guard and NAVSAC. A Rules of

the Road Committee will convene at the

next Council meeting, tentatively

scheduled to be held in New Orleans,

LA on November 10–12, 1995, to

continue discussions on this issue. This

meeting will be announced by a notice

in the Federal Register.

Dated: May 2, 1995.

G.A. Penington,

Rear Admiral, U.S. Coast Guard Chief, Office

of Navigation Safety and Waterway Services.

[FR Doc. 95–11302 Filed 5–8–95; 8:45 am]

BILLING CODE 4910–14–M

Coast Guard

33 CFR Part 117

[CGD11–95–003]

RIN 2115–AE47

Drawbridge Operation Regulations;

Oakland Inner Harbor Tidal Canal, CA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: At the request of the Alameda

County, California Public Works

Agency, the Coast Guard is considering

amending the regulation or the draws of

the Alameda County vehicular bridges

crossing the Oakland Inner Harbor Tidal

Canal at the following locations: Park

Street, mile 7.3; Fruitvale Avenue, mile

7.7; High Street, mile 8.1; as well as the

U.S. Army Corps of Engineers railroad

bridge, mile 7.7 at Fruitvale Avenue.

Under the existing regulations, the

draws are attended 24 hours per day,

and open on signal except during

designated morning and afternoon

commute periods. The proposed

amendment requires attended service 16

hours per day, preserves the existing

commute hours closures, and provides

for openings on four-hour notice during

nighttime hours when an operator is not

in constant attendance. This

amendment will allow the bridge owner

to reduce operating expenses and

should still provide for the reasonable

needs of navigation. In addition, the

identifying waterway mileage

designating the location of, and the call

sign for, each bridge would be revised

to conform with the currently utilized

standard of measurement.

DATES: Comments must be received on

or before June 23, 1995.

ADDRESSES: Comments may be mailed to

Commander (oan-br), Eleventh Coast

Guard District, Room 214, Building 10,

Coast Guard Island, Alameda, CA

94501–5100, or may be delivered to

Room 214 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

Commander (oan-br), Eleventh Coast

Guard District maintains the public

docket for this rulemaking. Comments

will become part of the docket and will

be available for inspection or copying at

Room 214, Building 10, Coast Guard

Island, Alameda, between 8 a.m. and 3

p.m., Monday through Friday, except

Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jerry

P. Olmes, Bridge Section, Eleventh

Coast Guard District, telephone (510)

437–3514.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD11–95–003) and the specific

section of this proposal to which each

comment applies, and give the reason

for each comment. The Coast Guard

requests that comments and attachments

be submitted in an unbound format

suitable for copying and electronic

filing. If this is not practical, a second

copy of any bound materials is

requested. Persons desiring

acknowledgment of receipt of comments

should enclose a stamped, selfaddressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Project

Manager at the address under

ADDRESSES. The request should include

reasons why a hearing would be

beneficial. If it determines that the

opportunity for oral presentations will

aid this rulemaking, the Coast Guard

will hold a public hearing at a time and

place announced by a later notice in the

Federal Register.

Drafting Information

The principal persons involved in

drafting this document are Jerry P.

Olmes, Eleventh Coast Guard District

Bridge Section, Project Manager, and

Lieutenant Robin J. Barber, Eleventh

Coast Guard District Legal Office,

Project Counsel.

Background and Purpose

The four drawbridges used for

automobile and railroad traffic across

the Oakland Inner Harbor Tidal Canal

are operated and maintained by the

County of Alameda, California. The U.S.

Army Corps of Engineers (USACOE)

railroad bridge at Fruitvale Avenue is

owned by the USACOE, but is operated

by the County in coordination with the

Fruitvale Avenue automobile bridge.

The minimum vertical clearance of the

lowest of the bridges in the closed

position is 13 feet (3.96 meters) above

Mean High Water (MHW).

At present, under the rules in 33 CFR

117.181 the bridges have attended

service 24 hours per day and open upon

signal, except for morning and afternoon

commute hours closures. Historically,

the Park Street Bridge is the most

frequently opened bridge, opening about

1,500 times annually to allow 2,000

vessels to pass. Approximately 60% of

the openings are for recreational vessels,

which travel predominantly during

daylight hours, and one third of the

openings are for commercial vessels,

which historically transit at all hours.

An analysis of the County’s logs of

bridge openings at the series of bridges

for the year ending March 31, 1993

indicates that 96% of transiting
24600 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules

recreational vessels and 73% of

commercial vessels signaled for

openings between 6 a.m. and 10 p.m.,

weekdays, and between 7 a.m. and 11

p.m., weekends and holidays.

Discussion of the Proposed Amendment

The proposed operating regulation

would affect bridge openings only

during nighttime hours. Between 6 a.m.

and 10 p.m., Monday through Friday,

and between 7 a.m. and 11 p.m.,

Saturdays, Sundays, and Federal

holidays, the present system of

operation, including weekday morning

and afternoon commute hours closures,

would not change. During all other

periods, the proposed regulations would

require the draws to open on signal if

at least four hours advance notice is

given to either the drawtender at the

Park Street Bridge or to the Alameda

County Public Works Agency at

Hayward.

The vast majority of vessel transits

would be unaffected by this

amendment. The recreational and

commercial vessel traffic transit

requirements are substantially reduced

during the proposed designated

nighttime hours. Therefore, the Coast

Guard considers a requirement of

advance notice to request draw

openings during these hours of reduced

vessel traffic to be reasonable. The

proposed amendment would permit the

bridges operator to reduce operating

expenses while still ensuring that all

draw opening requests are

accommodated, and still provided for

the reasonable needs of navigation.

Commercial vessels transiting the

series of bridges usually constitute tug

and barge combinations, which have

restricted maneuverability. In order to

meet the reasonable needs of navigation

of these vessels, the proposed regulation

would require that sufficient draw

operators be provided for openings

requested during the nighttime period to

ensure that commercial vessels which

have provided four-hour advance notice

may make a continuous transit though

the series of bridges without having to

slow their transit or wait between

bridges for openings.

The existing regulation contains a

provision that the draws will open for

vessels in distress and emergency vessel

traffic ‘‘as soon as possible.’’ Since the

existing regulation was promulgated the

Coast Guard has established in 33 CFR

117.31 a general regulation applicable to

all drawbridges, which requires that a

bridge operator ‘‘take all reasonable

measures to have the draw opened,

regardless of the operating schedule of

the draw, for the passage of’’ emergency

vessels and vessels in distress. The

existing reference to emergency

openings in 33 CFR 117.181 would

therefore be eliminated as redundant.

The Coast Guard believes that the

proposed change will continue to

provide for emergency needs.

The present regulations reflect the

USACOE traditional method of

measurement of waterway mileage in

statute miles. The Coast Guard and the

operators of other bridges in the area

designate bridge location using nautical

miles, and the proposed rule reflects

this latter standard of measurement. The

location designations and call signs in

33 CFR 117.181 and in appendix A to

part 117 would also be changed to

reflect a measurement baseline of the

first point of land defining the Oakland

Inner Harbor Tidal Canal, as is currently

used by the Coast Guard and the other

bridge operators and to reflect changes

to call signs monitored.

Regulatory Evaluation

This proposal 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 regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040,

February 26, 1979). The Coast Guard

expects the economic impact of this

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the Department of Transportation

regulatory policies and procedures is

unnecessary.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal, if

adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ may include (1) small business

and not-for-profit organizations that are

independently owned and operated and

are not dominant in their fields, and (2)

governmental jurisdictions with

populations of less than 50,000. Because

it expects the impact of this proposal to

be minimal, the Coast Guard certifies

under 5 U.S.C. 605(b) that this proposal,

if adopted, will not have a significant

economic impact on a substantial

number of small entities.

Paperwork Reduction Act

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 under the principles and

criteria contained in Executive Order

12612 and has determined that this

proposal does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard considered the

environmental impact of this proposal

and concluded that, under section 2.B.2.

of Commandant Instruction M16475.1B,

this proposal is categorically excluded

from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

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—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 is also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.181 is revised to read

as follows:

§ 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 as follows:

(a) From 6 a.m. through 10 p.m.

Monday through Friday, excluding

Federal holidays, except that from 7:30

a.m. to 8:30 a.m. and 3:45 p.m. to 5:45

p.m. Monday through Friday, 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.

(b) From 7 a.m. through 11 p.m.

Saturdays, Sundays, and Federal

holidays.

(c) At all other times if at least four

hours advance notice is given. Advance

notice may be given to the drawtender

at the Park Street Bridge or to the

Alameda County Public Works Agency

at Hayward. For any commercial vessel
Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules 24601

which has provided four hours advance

notice of its intended transit, the bridge

owners shall provide sufficient

drawtenders so that the commercial

vessel will not have to slow its transit

or wait between bridges for openings.

3. Appendix A to part 117 is amended

to revise the Oakland Inner Harbor Tidal

Canal entries under the State of

California to read as follows:

APPENDIX A TO PART 117.—DRAWBRIDGE EQUIPPED WITH RADIOTELEPHONES

Waterway Mile Location Bridge name and owner Call sign Calling

channel

Working

channel

* * * * * * *

California

* * * * * * *

Oakland Inner Harbor Tidal Canal ...... 5.2 Oakland ... Park Street, Alameda County ............. WHV 996 16 9

5.6 Oakland ... Fruitvale Avenue, Alameda County .... WQB 330 16 9

6.0 Oakland ... High Street, Alameda County ............. WHX 488 16 9

* * * * * * *

Dated: April 27, 1995.

R.A. Appelbaum,

Rear Admiral, U.S. Coast Guard Commander,

Eleventh Coast Guard District.

[FR Doc. 95–11297 Filed 5–8–95; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018–AC82

Subsistence Management Regulations

for Public Lands in Alaska, Subparts C

and D—1995–1996 Subsistence Taking

of Fish and Wildlife Regulations for the

Kenai Peninsula

AGENCY: Forest Service, Agriculture; and

Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

SUMMARY: This rule proposes customary

and traditional use determinations for

several species and regulations for

seasons and harvest limits related to

taking of moose for subsistence uses on

Federal lands on the Kenai Peninsula

during the 1995–1996 regulatory year.

DATES: Written public comments will be

accepted through July 10. Public

meetings on this proposed rule making

will be held during the comment period

in the following locations in Alaska:

Anchorage, Soldotna, Seldovia, Hope,

Cooper Landing, Homer, and other

communities as necessary.

ADDRESSES: Written comments and

proposals for changes to these proposed

regulations may be sent to the Chair,

Federal Subsistence Board, c/o U.S. Fish

and Wildlife Service, 1011 E. Tudor

Road, Anchorage, Alaska 99503.

Specific locations and addresses for the

public meetings will be published

locally.

FOR FURTHER INFORMATION CONTACT:

Chair, Federal Subsistence Board, c/o

U.S. Fish and Wildlife Service,

Attention: Richard S. Pospahala, Office

of Subsistence Management, 1011 E.

Tudor Road, Anchorage, Alaska 99503;

telephone (907) 786–3447. For questions

specific to National Forest System

lands, contact Ken Thompson, Regional

Subsistence Program Manager, USDA,

Forest Service, Alaska Region, P.O. Box

21628, Juneau, Alaska 99802–1628,

telephone (907) 586–7921.

SUPPLEMENTARY INFORMATION:

Customary and Traditional Use

Determinations

The Board implemented a systematic

program for review of customary and

traditional use eligibility determinations

as provided for in 36 CFR 242 and 50

CFR 100. As a priority consideration,

the Board focused its determinations on

community or area uses of large

mammals (ungulates and bears),

examining uses of species of large

mammals by communities or areas

rather than focusing on individual

herds. The Board recognized that

subsistence resource use patterns of

neighboring communities are often

interrelated and should be analyzed

concurrently.

Existing regulations at 36 CFR

242.16(b) and 50 CFR 100.16(b) identify

eight factors that a community or area

shall generally exhibit which exemplify

customary and traditional subsistence

uses. The eight factors are as follows:

1. A long-term consistent pattern of

use, excluding interruptions beyond the

control of the community or area;

2. A pattern of use recurring in

specific seasons for many years;

3. A pattern of use consisting of

methods and means of harvest which

are characterized by efficiency and

economy of effort and cost, conditioned

by local characteristics;

4. The consistent harvest and use of

fish or wildlife as related to past

methods and means of taking; near, or

reasonably accessible from the

community or area;

5. A means of handling, preparing,

preserving, and storing fish or wildlife

which has been traditionally used by

past generations, including

consideration of alteration of past

practices due to recent technological

advances, where appropriate;

6. A pattern of use which includes the

handing down of knowledge of fishing

and hunting skills, values and lore from

generation to generation;

7. A pattern of use in which the

harvest is shared or distributed within

a definable community of persons; and

8. A pattern of use which relates to

reliance upon a wide diversity of fish

and wildlife resources of the area and

which provides substantial cultural,

economic, social and nutritional

elements to the community or area.

Each Federal Subsistence Regional

Advisory Council (Regional Council)

has a substantial role in reviewing and

developing information on which to

base a recommendation to the Board

concerning customary and traditional

use determinations. The Southcentral

Regional Council had available for

consideration an extensive compilation

of existing information on historic and

contemporary large mammal resource

use patterns by rural Kenai Peninsula

communities. A draft report, dated