
[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Proposed Rules]
[Pages 4574-4575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1574]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0803]


Drawbridge Operation Regulations; Oakland Inner Harbor Tidal 
Canal, Oakland/Alameda, CA, Schedule Change

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its notice of proposed 
rulemaking (NPRM), to change the operation of the Alameda County and 
the Army Corps of Engineers owned drawbridges crossing the Oakland 
Inner Harbor Tidal Canal, between Oakland and Alameda, California. The 
proposed change would have allowed the drawbridges to open for vessels 
upon four hours advance notice for openings between the hours 4:30 p.m. 
and 9 a.m. daily. With the exception of Federal Holidays, openings at 
all other times would have been 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. The 
proposed change was requested by Alameda County to reduce the 
drawbridge staffing requirements during periods of reduced openings. 
The NPRM is being withdrawn because of the opposing comments received 
from the various sources including the primary waterway users that 
transit the drawbridges.

DATES: The notice of proposed rulemaking is withdrawn on January 26, 
2011.

ADDRESSES: The docket for this withdrawn rulemaking is available for 
inspection or copying at the 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, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. You may also find 
this docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2009-0803 in the ``Keyword'' box and then clicking 
``Search''.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice, 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 material in the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Background

    On May 27, 2010, we published a Notice of Proposed Rulemaking 
entitled ``Drawbridge Operation Regulation; Oakland Inner Harbor Tidal 
Canal, Oakland/Alameda, CA, Schedule Change'' in the Federal Register 
(75 FR 29693-29695). The proposed change would have allowed the 
drawbridge owner/operator to reduce the hours of staffing on the 
drawbridges and would have required a four hour advance notice from 
mariners to the bridge operator for vessel transits requiring 
drawbridge openings, during the specified times. A test period of the 
proposed regulation was not performed. A Coast Guard Public Meeting was 
determined unnecessary due to the outreach provided by Alameda County, 
the response to the NPRM and the actions of local concerned citizens.
    The Coast Guard received twenty-nine (29) response to the NPRM. Of 
these two (2) were in support of the proposal and twenty-seven (27) 
either opposed or recommended additional review of the proposal. Some 
of the opposing entries contained input from multiple sources including 
petitions against the proposal and letters providing consolidated input 
from various organizations in opposition. We conducted a lengthy and 
thorough investigation including a review of statistical information on 
vessel transits provided by Alameda County, site visits at the 
drawbridges and waterfront facilities along the Oakland Inner Harbor, 
presentations to and request for input from the San Francisco Harbor 
Safety Committee, requests for input from the Cities of Alameda and 
Oakland, CA, and dissemination of the Federal Register to most of the 
local marine related establishments along the waterway. Local groups 
representing waterway users and property owners along the waterway 
provided additional dissemination of the Federal Register NPRM for the 
proposed change. The bridge operator (Alameda County) held a public 
meeting on April 1, 2010 to present the proposal to the local public. 
The Coast Guard directly contacted the primary waterway users to obtain 
their input.
    The proposed change was submitted by Alameda County. Alameda County 
indicated that the proposed regulation change would meet their minimum 
needs for reducing funding required for drawbridge staffing and 
alternatives had not been considered at the time of the request. 
Comments opposing the proposed change were received from the San 
Francisco Harbor Safety Committee, The National Boating Federation, 
Hanson Aggregates, Power Engineering, Harbor Bay Maritime, Dutra Group, 
Oakland Yacht Club, Fernside Homeowners Association, Waterfront 
Homeowners Association, East Shore Homeowners Association, Aeolian 
Yacht Club, Briar Rose Yacht Charters, Baytech Marine Service, 
Heinold's First and Last Chance, Aroma Restaurant, Eskelund Marine, 
Bocanova, Vortex Marine Construction, British Marine, The Outboard 
Motor Shop, Waterfront Hotel-Miss Pearl's Restaurant, Encinal Yacht 
Club, Marina Village Inn, Kincaid's Restaurant, Scott's Seafood 
Restaurant, Captain Ed Payne Technical Services, Il Pescatore 
Restaurant, The City of Alameda, The City of Oakland Fire Department, 
City of Oakland Public Works/Transportation Services Division, and 
numerous local residents and vessel owners. Comments received 
recommending additional review and possible alternative regulations 
included those from Mr. Tom Charron, Mr. Henry C. Lindemann and The Bay 
Planning Coalition recommending coordination with RBOC Recreational 
Boaters of California, PICYA Pacific Inter-Club Yacht Association and 
other key stakeholders.

[[Page 4575]]

Withdrawal

    The Notice of Proposed Rulemaking is withdrawn due to comments 
received in opposition and the potential negative impacts to navigation 
and the surrounding community. We have determined the regulation 
change, as proposed, would not meet the reasonable needs of navigation 
on the waterway.

    Authority: This action is taken under the authority of 33 U.S.C. 
499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 
0170.1.

    Dated: January 3, 2011.
J.R. Castillo,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2011-1574 Filed 1-25-11; 8:45 am]
BILLING CODE 9110-04-P


