Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Proposed Rules 29693 

(8) Proceed south-southeasterly in a 

straight line, returning to the beginning 

point. 

Signed: May 24, 2010. 

John J. Manfreda, 

Administrator. 

[FR Doc. 2010–12868 Filed 5–26–10; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2009–0803] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Oakland Inner Harbor Tidal Canal, 

Oakland/Alameda, CA, Schedule 

Change 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

modify the drawbridge operation 

regulation for the Alameda County and 

the Army Corps of Engineers owned 

drawbridges across Oakland Inner 

Harbor Tidal Canal, between Oakland 

and Alameda, California so that four 

hours advance notice for openings 

would be required from the waterway 

user to the bridge owner, between the 

hours 4:30 p.m. and 9 a.m. daily. With 

the exception of Federal Holidays, 

openings at all other times would be on 

signal except during interstate rush 

hours, 8 a.m. to 9 a.m. and 4:30 p.m. to 

6:30 p.m., Monday through Friday, 

when the drawbridges need not be 

opened for vessels. However, the draws 

would open during the above closed 

periods for vessels which must, for 

reasons of safety, move on a tide or 

slack water, if at least four hours 

advance notice is given. The proposed 

rule is requested by Alameda County to 

reduce the bridge staffing requirements 

during periods of reduced openings. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

August 25, 2010. 

ADDRESSES: You may submit comments 

identified by the Coast Guard docket 

number USCG–2009–0803 using any 

one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail David H. Sulouff, 

Chief, Bridge Section, Waterways 

Management Branch, 11th Coast Guard 

District, telephone 510–437–3516, 

e-mail address 

David.H.Sulouff@USCG.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–0803), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http:// 

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered received by the Coast Guard 

when it is received at the Docket 

Management Facility. We recommend 

that you include your name and a 

mailing address, an e-mail address, or a 

phone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rules’’ and insert 

‘‘USCG–2009–0803’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

A request for comments has been 

published in the Coast Guard Local 

Notice to Mariners. All comments 

received will be included for the record 

in the electronic docket ‘‘USCG–2009– 

0803’’. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘ USCG–2009– 

0803’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit either the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting, but you may submit a request 

using one of the four methods under 

ADDRESSES. Please explain why one 

would be beneficial. If we determine 

that one would aid this rulemaking, we 

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29694 Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Proposed Rules 

will hold one at a time and place 

announced by a later notice in the 

Federal Register. 

Background and Purpose 

The proposed rule would change the 

existing regulation. The existing 

regulation is found at 33 CFR 117.181 

and delineates the following operating 

scheme: The draws of the Alameda 

County highway drawbridges 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 

drawbridge, mile 5.6 at Fruitvale 

Avenue, shall open on signal; except 

that, from 8 a.m. to 9 a.m. and 4:30 p.m. 

to 6:30 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 proposed rule is requested by 

Alameda County to reduce the bridge 

staffing requirements during periods of 

reduced openings. The proposed rule is 

as follows: The draws of the Alameda 

County highway drawbridges 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 

drawbridge, mile 5.6 at Fruitvale 

Avenue, shall open on signal between 

the hours of 9 a.m. and 4:30 p.m. and 

upon 4 hours advance notice between 

the hours 4:30 p.m. and 9 a.m. During 

Interstate rush hours, 8 a.m. to 9 a.m. 

and 4:30 p.m. to 6:30 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 rush hour 

periods for vessels which must, for 

reasons of safety, move on a tide or 

slack water, if at least four hours notice 

is given to the bridge owner. For the 

four hour advance notice requirement, 

waterway users may contact the 

Fruitvale Avenue drawbridge operator 

via telephone at (510) 533–7858 or 

VHF–FM marine radio, or by contacting 

the bridge operator during daytime 

bridge operating hours. 

In support of their request for the 

regulation change, Alameda County 

provided the operating logs from the 

drawbridges to demonstrate a decrease 

in drawbridge openings for vessels over 

at least a 2 year period of time. The 

material submitted by the bridge owner 

will be entered in the electronic docket 

for the record. 

The waterway traffic at this location 

is comprised of commercial, 

recreational, search and rescue, law 

enforcement and disaster response 

vessels, and if necessary dredging, 

construction and salvage equipment, 

presently capable of circumnavigating 

the island of Alameda, CA, contingent 

upon tidal influences and vessel drafts. 

The Oakland Inner Harbor Tidal Canal 

is a lateral extension of San Francisco 

Bay. 

Discussion of Proposed Rule 

The Coast Guard proposes to amend 

33 CFR part 117 by amending § 117.181 

for the Oakland Inner Harbor Tidal 

Canal. In addition to the existing rush 

hour periods when the drawbridges 

need not open for vessels, the revised 

language of the section would require 

the bridges to open on signal between 

the hours of 4:30 p.m. and 9 a.m daily, 

provided four hours advance notice is 

given from vessel operators to Alameda 

County for drawbridge operation. For 

the four hour advance notice 

requirement, waterway users may 

contact the Fruitvale Avenue 

drawbridge operator via telephone at 

(510) 533–7858 or VHF–FM marine 

radio, or by contacting the bridge 

operator during daytime bridge 

operating hours. This would include 

vessels which must, for reasons of 

safety, move on a tide or slack water. At 

all other times the drawbridges will be 

required to open on signal for the safe 

passage of vessels. 

The Coast Guard policy regarding the 

promulgation of drawbridge operation 

regulations requires that no regulation 

shall be implemented for the sole 

purpose of saving the bridge owner the 

cost to operate a bridge, nor to save wear 

and tear mechanically on a bridge. It is 

the bridge owner’s statutory and 

regulatory responsibility to provide the 

necessary drawbridge tenders for the 

safe and prompt opening of a bridge and 

to maintain drawbridges in good 

operating condition. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed 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 upon the fact that 

the proposed drawbridge regulation 

change would only implement the 

advance notice times for bridge 

openings between the hours of 4:30 p.m. 

and 9 a.m. and for vessels which must, 

for reasons of safety, move on a tide or 

slack water, and the navigational 

impacts would be negligible. The Coast 

Guard determination to approve or deny 

the bridge owners request will be based 

upon the ability of the proposed 

regulation to meet the reasonable needs 

of navigation and not the cost to the 

bridge owner. A test of the proposed 

drawbridge operating regulation may be 

used by the Coast Guard to evaluate the 

actual impacts, during the appropriate 

navigational season timeframe, prior to 

making a final determination on the 

proposal. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), the Coast Guard 

must consider whether this proposed 

rule would have a significant economic 

impact on a substantial number of small 

entities. The term ‘‘small entities’’ 

comprises small businesses, not-forprofit 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 requests comments 

to determine if this proposed rule would 

have a significant economic impact on 

a substantial number of small entities. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how, and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact David 

Sulouff, Chief, Bridge Section, 

Waterways Management Branch, 11th 

Coast Guard District, at (510) 437–3516. 

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. 

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Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Proposed Rules 29695 

Collection of Information 

This proposed rule would call 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 proposed 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 proposed rule will not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 

Information and Regulatory Affairs has 

not designated this as a significant 

energy action. Therefore, it does not 

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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01, 

and Commandant Instruction 

M16475.lD which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 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; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Revise § 117.181 to read as follows: 

§ 117.181 Oakland Inner Harbor Tidal 

Canal. 

The draws of the Alameda County 

highway drawbridges 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 

drawbridge, mile 5.6 at Fruitvale 

Avenue, shall open on signal between 

the hours of 9 a.m. and 4:30 p.m. and 

upon 4 hours advance notice between 

the hours 4:30 p.m. and 9 a.m. During 

Interstate rush hours, 8 a.m. to 9 a.m. 

and 4:30 p.m. to 6:30 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 rush hour 

periods for vessels which must, for 

reasons of safety, move on a tide or 

slack water, if at least four hours notice 

is given to the bridge owner. For the 

four hour advance notice requirement; 

waterway users may contact the 

Fruitvale Ave drawbridge operator via 

telephone at (510) 533–7858 or VHF– 

FM marine radio, or by contacting the 

bridge operator during daytime bridge 

operating hours. 

Dated: May 12, 2010. 

J.R. Castillo, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eleventh Coast Guard District. 

[FR Doc. 2010–12737 Filed 5–26–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0316] 

RIN 1625–AA87 

Security Zones; Sabine Bank Channel, 

Sabine Pass Channel and SabineNeches Waterway, TX 

AGENCY: Coast Guard, DHS. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS