[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Proposed Rules]
[Pages 32349-32351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13642]



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DEPARTMENT OF HOMELAND SECURITY



Coast Guard



33 CFR Part 117



[Docket No. USCG-2009-0308]

RIN 1625-AA09




Drawbridge Operation Regulation; Old River, Between Victoria 

Island and Byron Tract, CA



AGENCY: Coast Guard, DHS.



ACTION: Advance notice of proposed rulemaking.



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SUMMARY: The Coast Guard is seeking comments and information on how 

best to address a proposal to change the operating regulation for the 

State Highway 4 Drawbridge, mile 14.8, over Old River. The bridge owner 

has asked to change from the existing requirement by eliminating the 

``on signal'' openings and replacing them with an ``open on signal if 

at least 4 hours notice is given'' at all times. The 4 hour notice 

would be provided to the drawtender at the Rio Vista drawbridge across 

the Sacramento River, mile 12.8. This proposed change may reduce 

unnecessary staffing of the drawbridge during observed periods of 

reduced navigational activity.



DATES: Comments and related material must reach the Coast Guard on or 

before July 23, 2010.



ADDRESSES: You may submit comments identified by docket number USCG-

2009-0308 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 four methods. See the ``Public Participation and Request for 

Comments'' portion of the SUPPLEMENTARY INFORMATION section below for 

instructions on submitting comments.



[[Page 32350]]





FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 

call or e-mail David H. Sulouff, Chief, Bridge Section, Eleventh Coast 

Guard District; telephone (510) 437-3516, e-mail 

<a href="/cdn-cgi/l/email-protection#c480a5b2ada0ea8cea97b1a8abb1a2a284b1b7a7a3eaa9ada8"><span class="__cf_email__" data-cfemail="c084a1b6a9a4ee88ee93b5acafb5a6a680b5b3a3a7eeada9ac">[email protected]</span></a>. 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 respond to this notice 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 

notice (USCG-2009-0308), 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 

(via 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 as having been 

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 telephone 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-2009-0308'' 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 8\1/2\ 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.



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-2009-0308'' and click 

``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 

You may also visit 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 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 for one before the comment period ends, using one of the four 

methods specified under ADDRESSES. Please explain why you believe a 

public meeting would be beneficial. If we determine that one would aid 

in solving this problem, we will hold one at a time and place announced 

by a later notice in the Federal Register.



Background



    Presently, the California Department of Transportation (Caltrans) 

is the owner of the State Route 4 Drawbridge, mile 14.8, over Old 

River, between Victoria Island and Byron Tract, CA (herein referenced 

as Old River State Route 4 Drawbridge). Caltrans operates this 

drawbridge in accordance with 33 CFR 117.183: Specifically, opening the 

drawbridge on signal from May 1 through October 31 from 6 a.m. to 10 

p.m. and from November 1 through April 30 from 9 a.m. to 5 p.m. and at 

all other times, opening the draw on signal if at least four hours 

advance notice is given to the drawtender at the Rio Vista drawbridge 

across the Sacramento River, mile 12.8. The Old River State Route 4 

Drawbridge provides 12 feet of vertical clearance for vessels above 

Mean High Water (MHW) in the closed-to-navigation position and 

unlimited vertical clearance when open.

    Old River is 44 miles in length and is navigable in its entirety, 

from Franks Tract Recreation Area to the west to the San Joaquin River 

to the east. It is located in the southern portion of the San Joaquin 

River Delta. There are approximately 10 marinas on Old River and nearby 

waterways. From July 2007 through July 2008 the Old River State Route 4 

Drawbridge opened for vessels 42 times, an average of 3.5 times per 

month. From August 2008 through January 2009 the Old River State Route 

4 Drawbridge opened 24 times, an average of 2 times per month. Most 

openings have been for recreational vessels. Commercial vessels 

regularly transiting the area are barges used in emergency and routine 

levee repair. Channel maintenance, dredging, search and rescue and law 

enforcement vessels also use the waterway.

    Due to infrequent calls for drawbridge openings, Caltrans has 

requested a four hour notification for all drawbridge openings at this 

location. A four hour notification may allow Caltrans to use personnel 

more efficiently, reduce unnecessary staffing of the drawbridge during 

periods of navigational inactivity, and may continue to meet the 

reasonable needs of navigation on the waterway.



Information Requested



    Based on the last analysis of this waterway the Coast Guard 

determined in 1985 that the existing regulation met the reasonable 

needs of waterway traffic while still meeting the needs of land traffic 

and Caltrans.

    To aid us in developing this proposed rule, we seek response from 

all waterway users to the following questions:

    (1) Would changing the existing operating schedule of the Old River 

State Route 4 Drawbridge (found at 33 CFR 117.183), to the proposed 4 

hour advance notice at all times, add or subtract transit time through 

this bridge or on the waterway?

    (2) Would there be a significant economic impact on a substantial 

number of small entities as described in the Regulatory Flexibility Act 

(5 U.S.C. 601-612)? 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.



[[Page 32351]]



    This document is issued under authority of 5 U.S.C. 552(a); 33 CFR 

1.05-1; and 117.8.



    Dated: May 20, 2010.

J.R. Castillo,

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

District.

[FR Doc. 2010-13642 Filed 6-7-10; 8:45 am]

BILLING CODE 9110-04-P




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