82 FR 52678 - Drawbridge Operation Regulation; China Basin, Mission Creek, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 218 (November 14, 2017)

Page Range		52678-52680
FR Document		2017-24593

The Coast Guard proposes to temporarily modify the operating schedule that governs the 3rd Street Bridge, across China Basin, Mission Creek, mile 0.0, at San Francisco, California. This action is necessary to allow the bridge owner, the City of San Francisco, to keep the drawspan in the closed-to-navigation position in order to conduct critical mechanical and structural rehabilitation over an estimated 18 month period, scheduled to commence in February 2018. The temporary change to the regulations is expected to meet the reasonable needs of navigation on the waterway. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 218 (Tuesday, November 14, 2017)

[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Proposed Rules]
[Pages 52678-52680]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-24593]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-1015]
RIN 1625-AA09

Drawbridge Operation Regulation; China Basin, Mission Creek, San
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the 3rd Street Bridge, across China Basin,
Mission Creek, mile 0.0, at San Francisco, California. This action is
necessary to allow the bridge owner, the City of San Francisco, to keep
the drawspan in the closed-to-navigation position in order to conduct
critical mechanical and structural rehabilitation over an estimated 18
month period, scheduled to commence in February 2018. The temporary
change to the regulations is expected to meet the reasonable needs of
navigation on the waterway. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must reach the Coast Guard on or
before December 14, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-1015 using Federal eRulemaking Portal at http://www.regulations.gov. 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 email Carl T. Hausner, Chief, Bridge Section, Eleventh
Coast Guard District; telephone 510-437-3516; email
Carl.T.Hausner@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

On October 20, 2017, the City of San Francisco submitted a request
to the Coast Guard to temporarily change the drawbridge operating
schedule for the 3rd Street Bridge.
The 3rd St Bridge at mile 0.0, across China Basin, Mission Creek,
at the City of San Francisco, California, has a vertical clearance of 3
feet at mean high water and 8 feet at mean low water. The waterway
users are recreational, law enforcement, and search and rescue.
The purpose of this proposed temporary rule is to allow the bridge
owner to conduct critical mechanical and structural rehabilitation of
the bridge. It is reported that the bridge is not structurally
deficient; however, clear evidence of damaged and buckled steel members
and other damage to the bridge and the trunnion mechanism have been
identified. Without preventative maintenance, the damage will worsen
and ultimately compromise the structural integrity of the bridge. The
work will include blast cleaning and painting structural steel,
replacing the bridge deck, repairing the fender systems, repairing the
concrete counter weight, coating steel piles to inhibit corrosion, and
repairing the bridge endlocks.
The existing regulations in 33 CFR 117.149 require the bridge to
open on signal if at least one hour notice is given.

III. Discussion of Proposed Rule

The Coast Guard proposes to change the drawbridge operation
regulations in 33 CFR 117.149 by temporarily modifying the regulation
for the draw of the 3rd Street bridge. This proposed change will allow
the bridge owner to secure the bridge in the closed-to-navigation
position in order to conduct critical rehabilitation work on the
bridge.
China Basin, Mission Creek, is 0.64 miles in length with the 3rd
Street Bridge at the mouth of the basin. Approximately 35 vessels are
moored upstream of the bridge and require the drawspan to open in order
to depart the basin into San Francisco Bay. The City of San Francisco
has indicated that they will assist vessel owners in China Basin,
Mission Creek, and find alternate moorings during the closure period.
Vessels able to transit the bridge, while in the closed-to-navigation
position, can continue to do so during the closure period.
There are no alternative routes into China Basin, Mission Creek.
In the event of an emergency, the bridge operator can open on
signal if at least 45 days advance notice is given.

IV. Regulatory Analyses

We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.

A. Regulatory Planning and Review

Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the limited number
of vessels impacted and the ability of those vessel owners, located
upstream of the bridge, to receive assistance from the City of San
Francisco in finding alternate moorings while the bridge is in the
closed-to-navigation position. In addition, rehabilitation of the
bridge is

[[Page 52679]]

needed to ensure the safety and continued operation of the drawspan. We
believe that the proposed rule, in keeping the drawspan in the closed-
to-navigation position during the bridge's rehabilitation, would meet
the reasonable needs of present and future navigation on the waterway.

B. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above, this proposed rule would not have a significant economic impact
on any vessel owner or operator.
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.
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. 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 the person listed in the FOR FURTHER INFORMATION
CONTACT. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. 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).

D. Federalism and Indian Tribal Government

A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. 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 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

F. Environment

We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (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. This proposed rule simply promulgates
the operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
32(e) of Figure 2-1 of Commandant Instruction M16475.1D. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacynotice.
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

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

0
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.

[[Page 52680]]

0
2. From February 28, 2018 to September 30, 2019 revise Sec. 117.149 to
read as follows:

Sec. 117.149 China Basin, Mission Creek.

(a) The draw of the 3rd Street bridge, mile 0.0, at San Francisco,
need not be opened for the passage of vessels. The draw shall be
returned to operable condition within 45 days after notification by the
District Commander to do so.
(b) The draw of the 4th Street bridge, mile 0.2, at San Francisco,
shall open on signal if at least one hour notice is given.

Dated: November 7, 2017.
Todd A. Sokalzuk,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2017-24593 Filed 11-13-17; 8:45 am]
BILLING CODE 9110-04-P

52680 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules

■ 2. From February 28, 2018 to www.regulations.gov. See the ‘‘Public day. At all other times, at least one side
September 30, 2019 revise § 117.149 to Participation and Request for of the main navigational channel will be
read as follows: Comments’’ portion of the open for vessels to transit.
SUPPLEMENTARY INFORMATION section for The duration of the zone is intended
§ 117.149 China Basin, Mission Creek. further instructions on submitting to protect personnel, vessels, and the
(a) The draw of the 3rd Street bridge, comments. marine environment in these navigable
mile 0.0, at San Francisco, need not be waters while operations are being
FOR FURTHER INFORMATION CONTACT: If
opened for the passage of vessels. The conducted. For the duration of the
you have questions about this
draw shall be returned to operable project, in the vicinity of the rock
rulemaking, call or email Petty Officer
condition within 45 days after blasting, rock removal, and dredging
Amanda Boone, Waterways
notification by the District Commander operation, one side of the main
Management Branch, U.S. Coast Guard
to do so. navigational channel will be closed.
(b) The draw of the 4th Street bridge, Sector Delaware Bay; telephone (215)
271–4889, email Amanda.N.Boone@ Vessels wishing to transit the safety
mile 0.2, at San Francisco, shall open on zone in the main navigational channel
signal if at least one hour notice is uscg.mil.
SUPPLEMENTARY INFORMATION:
may do so if they can make satisfactory
given. passing arrangements with drill boat
Dated: November 7, 2017. I. Table of Abbreviations APACHE or the dredges TEXAS and
Todd A. Sokalzuk, CFR Code of Federal Regulations NEW YORK in accordance with the
Rear Admiral, U.S. Coast Guard, Commander, COTP Captain of the Port Navigational Rules in 33 CFR
Eleventh Coast Guard District. DHS Department of Homeland Security subchapter E via VHF–FM channel 13 at
[FR Doc. 2017–24593 Filed 11–13–17; 8:45 am] FR Federal Register least 30 minutes prior to arrival. If
BILLING CODE 9110–04–P
NPRM Notice of proposed rulemaking vessels are unable to make satisfactory
§ Section passing arrangements with the drill boat
U.S.C. United States Code
APACHE or the dredges TEXAS and
DEPARTMENT OF HOMELAND II. Background, Purpose, and Legal NEW YORK, they may request
SECURITY Basis permission from the COTP, or his
The Army Corps of Engineers notified designated representative, on VHF–FM
Coast Guard channel 16. All vessels must operate at
the Coast Guard that Great Lakes
Dredging and Dock Company will be the minimum safe speed necessary to
33 CFR Part 165 maintain steerage and reduce wake.
conducting rock blasting, dredging, and
[Docket Number USCG–2017–0935] rock removal operations, beginning No vessels may transit through the
November 30, 2017 through March 15, safety zone during times of explosive
RIN 1625–AA00
2018, to facilitate the deepening of the detonation. During explosive
Safety Zone; Delaware River; Marcus main navigational channel to the new detonation, vessels will be required to
Hook, NJ project depth of 45 feet. The COTP has maintain a 500 yard distance from the
determined that potential hazards drill boat APACHE. The drill boat
AGENCY: Coast Guard, DHS. associated with rock blasting, dredging, APACHE will make broadcasts via
ACTION: Notice of proposed rulemaking. and rock removal operations will be a VHF–FM channels 13 and 16, at 15
safety concern for anyone within 500 minutes, 5 minutes, and 1 minute prior
SUMMARY: The Coast Guard proposes to to detonation, as well as a countdown
establish a temporary safety zone on the yards of the drill boat APACHE or
dredges TEXAS and NEW YORK. to detonation on VHF–FM channel 16.
waters of the Delaware River between Sector Delaware Bay will ensure notice
The purpose of this proposed
Marcus Hook Range and Tinicum is given to the maritime community of
rulemaking is to ensure the safety of
Range. The safety zone will temporarily dates and times of blasting via broadcast
personnel, vessels, and the marine
restrict vessel traffic from transiting or notice to mariners on VHF–FM channel
environment within a 500-yard radius of
anchoring in portions of the Delaware 16. After every explosive detonation, a
rock blasting, dredging, and rock
River while rock blasting, dredging, and survey will be conducted to ensure the
removal operations. The Coast Guard
rock removal operations are being navigational channel is clear for vessels
proposes this rulemaking under
conducted to facilitate the Main to transit. The drill boat APACHE will
authority in 33 U.S.C. 1231.
Channel Deepening project for the broadcast via VHF–FM channel 13 and
Delaware River. The safety zone is III. Discussion of Proposed Rule 16, when the survey has been completed
needed to protect personnel, vessels, This proposed rule would establish a and the channel is clear to transit.
and the marine environment from safety zone from November 30, 2017 Vessels wishing to transit the safety
hazards created by rock blasting, through March 15, 2018. The safety zone in the main navigational channel
dredging, and rock removal operations. zone will cover all navigable waters in may do so if they can make satisfactory
Entry of vessels or persons into this the Delaware River within 500 yards of passing arrangements with drill boat
zone is prohibited unless specifically vessels and machinery being used by APACHE or the dredges TEXAS and
authorized by the Captain of the Port personnel to conduct rock blasting, NEW YORK in accordance with the
(COTP) or his designated dredging, and rock removal operations Navigational Rules in 33 CFR
representatives. We invite your between Marcus Hook Range and subchapter E via VHF–FM channel 13 at
jstallworth on DSKBBY8HB2PROD with PROPOSALS

comments on this proposed rulemaking. Tinicum Range. The safety zone will be least 30 minutes prior to arrival. If
DATES: Comments and related material enforced in an area and in a manner that vessels are unable to make satisfactory
must be received by the Coast Guard on does not conflict with transiting passing arrangements with the drill boat
or before November 21, 2017. commercial and recreational traffic, APACHE or the dredge TEXAS and
ADDRESSES: You may submit comments except for the short periods of time NEW YORK, they may request
identified by docket number USCG– when explosive detonation are being permission from the COTP, or his
2017–0935 using the Federal conducted. The explosive detonation designated representative, on VHF–FM
eRulemaking Portal at http:// will not occur more than three times a channel 16.

VerDate Sep<11>2014 13:33 Nov 13, 2017 Jkt 244001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\14NOP1.SGM 14NOP1

Document Created: 2018-10-25 10:33:37
Document Modified: 2018-10-25 10:33:37

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must reach the Coast Guard on or before December 14, 2017.
Contact		If you have questions on this proposed rule, call or email Carl T. Hausner, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516; email [email protected]
FR Citation		82 FR 52678
RIN Number		1625-AA09

82 FR 52678 - Drawbridge Operation Regulation; China Basin, Mission Creek, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 218 (November 14, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard