
[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Proposed Rules]               
[Page 32349-32351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn10-35]                         

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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 
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 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

