[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Proposed Rules]
[Pages 7928-7930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3430]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD11-95-002]
RIN 2115-AE47


Drawbridge Operation Regulations; Little Potato Slough, CA

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the California Department of Transportation, 
the Coast Guard is considering amending the regulation for the Highway 
12 Swing Bridge crossing over Little Potato Slough, mile 0.1 at 
Terminous, near Stockton, California. The existing regulation provides 
that the draw open upon demand from May 1 through October 31 from 6 
a.m. to 10 p.m., and upon four hours advance notice at all other times. 
The proposed [[Page 7929]] regulation provides that the draw open on 
four hours advance notice at all times. This amendment will allow the 
bridge owner to reduce operating expenses, and should still provide for 
the reasonable needs of navigation.

DATES: Comments must be received on or before April 11, 1995.

ADDRESSES: Comments may be mailed to Commander (oan-br), Eleventh Coast 
Guard District, Building 10, Room 214, Coast Guard Island, Alameda, CA 
94501-5100, or may be delivered to Room 214 at the same address between 
7 a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Christian G. Cerles, Bridge Section, Eleventh Coast Guard District, 
Alameda; 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 (CGD11-95-002) and the specific section of 
this proposal to which each comment applies, and give the reason for 
each comment. The Coast Guard requests that all comments and 
attachments be submitted in an unbound format suitable for copying and 
electronic filing. If not practical, a second copy of any bound 
material is requested. Persons wanting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed 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 Commander (oan-br), Eleventh Coast Guard 
District, 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 regulation are 
Christian G. Cerles, Project Manager, Bridge Section, Eleventh Coast 
Guard District, and Lieutenant Robin Barber, Project Attorney, Eleventh 
Coast Guard District Legal Office.

Background and Purpose

    The Little Potato Slough Bridge was built in 1991 to replace the 
swing bridge built at that location in 1936.
    The old swing bridge had a vertical clearance of nine feet above 
Mean High Water (MHW) in a closed position. The present bridge has a 
vertical clearance of 35 feet above MHW when in the closed position.
    Because of this greater vertical clearance, the number of bridge 
openings has dropped significantly with the present bridge, allowing 
most vessels to pass under the new bridge while the bridge was in a 
closed position. In 1982, the bridge opened 2300 times, with an annual 
growth rate of four percent prior to the reconstruction (an estimated 
3145 openings in 1990). In 1993, the first full year of operation after 
reconstruction, the bridge opened 239 times. All but three of the 
openings were for recreational vessels. By further comparison, the 
nearby Mokelumne River Bridge, which crosses another recreational 
waterway and has a vertical clearance of seven feet, opened 3518 times 
in 1993.

Discussion of Proposed Regulation

    The current regulation requires that the draw open on signal from 6 
a.m. to 10 p.m. May 1 through October 31. The remainder of the time, 
the draw shall open upon signal provided that at least four hours 
notice to the drawtender at the Rio Vista bridge has been given. The 
proposed regulation would require a four-hour advance notice at all 
times. Because the vessel traffic requirements of the waterway are 
limited, requiring advance notice to request draw openings appears 
reasonable. This proposed amendment would allow the bridge owner to 
reduce operating expenses while still ensuring that all draw opening 
requests are accommodated and still provide for the reasonable needs of 
navigation.
    Notice to open the draw would continue be given to the drawtender 
at the Rio Vista bridge. The Rio Vista bridge has a drawtender on duty 
at all times.

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 
regulation to be so minimal that a full Regulatory Evaluation under 
paragraph 10(e) 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 would have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). 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.

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 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, the proposal is categorically excluded from 
further environmental documentation.

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.

    [[Page 7930]] 2. Section 117.167 is revised to read as follows:


Sec. 117.167  Little Potato Slough.

    The draw of the California Department of Transportation highway 
bridge, mile 0.1 at Terminous, shall open on signal if at least four 
hours notice is given to the drawtender at the Rio Vista bridge across 
the Sacramento River, mile 12.8.

    Dated: January 20, 1995.
D.D. Polk,
Captain, U.S. Coast Guard, Commander, Eleventh Coast Guard District, 
Acting.
[FR Doc. 95-3430 Filed 2-9-95; 8:45 am]
BILLING CODE 4910-14-M