83 FR 3959 - Drawbridge Operation Regulation; China Basin, Mission Creek, San Francisco, CA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 19 (January 29, 2018)
Coast Guard
Federal Register Volume 83, Issue 19 (January 29, 2018)
| Page Range | 3959-3960 | |
| FR Document | 2018-01556 |
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)] [Rules and Regulations] [Pages 3959-3960] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01556] ======================================================================= ----------------------------------------------------------------------- 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: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is temporarily modifying the operating schedule that governs the 3rd Street Bridge, across China Basin, Mission Creek, mile 0.0, at San Francisco, California. The bridge owner, the City of San Francisco, submitted a request to secure the bridge in the closed-to-navigation position for 18 months in order to conduct critical mechanical and structural rehabilitation of the bridge. The temporary change to the regulations is expected to meet the reasonable needs of navigation on the waterway. DATES: This temporary final rule is effective from 6 a.m. on February 28, 2018, until 11 p.m. on September 30, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov. Type USCG- 2017-1015 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary final rule, call or email Carl T. Hausner, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516; email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register IAW In accordance with NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On November 14, 2017, we published a NPRM entitled, ``Drawbridge Operation Regulation; China Basin, Mission Creek, San Francisco, CA'' in the Federal Register (82 FR 218). We received no comments on this rule. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. The 3rd Street Bridge, across China Basin, Mission Creek, mile 0.0, at San Francisco, California, is a single leaf bascule bridge which provides 3 feet of vertical clearance at mean high water in the closed position and unlimited vertical clearance in the open position. According to the Coast Guard Drawbridge Operation Regulations in 33 CFR 117.149 the draw shall open on signal if at least one hour notice is given. The owner of the bridge, the City of San Francisco, has submitted a request to the Coast Guard to keep the bridge in the closed-to- navigation position for 18 months to complete critical mechanical and structural rehabilitation of 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 recreational vessels are moored upstream of the bridge and require the drawspan to open in order to depart the basin into San Francisco Bay. There are no commercial vessels that regularly use the waterway. The City of San Francisco has indicated that they will assist vessel owners in China Basin, Mission Creek, to 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. Under this temporary final rule the draw need not open for the passage of vessels from 6 a.m. on February 28, 2018, until 11 p.m. on September 30, 2019. If necessary, during this temporary final rule period, the draw shall open on signal if at least 45 days notice is given. IV. Discussion of Comments, Changes, and the Temporary Final Rule The Coast Guard provided a comment period of 30 days and no comments were received. As a result, no changes have been made to the rule as proposed. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protesters. 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 rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it 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. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 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 received no comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact [[Page 3960]] 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 V.A above, this rule will not have a significant economic impact on any vessel owner or operator. 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 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, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule calls 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 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 rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 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 rule simply promulgates the operating regulations or procedures for drawbridges. This action is categorically excluded from further review, under figure 2-1, paragraph (32)(e), of the Instruction. A Record of Environmental Consideration and a Memorandum for the Record are not required for this 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. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 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. 0 2. From 6 a.m. on February 28, 2018, until 11 p.m. on September 30, 2019, Sec. 117.149, is suspended and Sec. 117.149(T) is added to read as follows: Sec. 117.149-T 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: January 23 2018. Todd A. Sokalzuk, Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard District. [FR Doc. 2018-01556 Filed 1-26-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Rules and Regulations 3959
§ 917.16 Required regulatory program 2017–1015 in the ‘‘SEARCH’’ box and Under this temporary final rule the
amendments. click ‘‘SEARCH.’’ Click on Open Docket draw need not open for the passage of
* * * * * Folder on the line associated with this vessels from 6 a.m. on February 28,
(p) We are requiring Kentucky to take rulemaking. 2018, until 11 p.m. on September 30,
one of the following actions by March FOR FURTHER INFORMATION CONTACT: If 2019.
30, 2018: (1) Notify us how Kentucky you have questions on this temporary If necessary, during this temporary
will require operators to address final rule, call or email Carl T. Hausner, final rule period, the draw shall open on
financial assurances for the treatment of Chief, Bridge Section, Eleventh Coast signal if at least 45 days notice is given.
post-mining discharges, potentially in Guard District; telephone 510–437– IV. Discussion of Comments, Changes,
perpetuity, under its currently approved 3516; email Carl.T.Hausner@uscg.mil. and the Temporary Final Rule
program, given that we are not SUPPLEMENTARY INFORMATION:
approving 405 KAR 10:015 8(7); or (2) The Coast Guard provided a comment
Submit an amendment to its approved I. Table of Abbreviations period of 30 days and no comments
program, or a written description of an CFR Code of Federal Regulations
were received. As a result, no changes
amendment together with a timetable DHS Department of Homeland Security have been made to the rule as proposed.
for enactment that is consistent with FR Federal Register V. Regulatory Analyses
established administrative or legislative IAW In accordance with
procedures in Kentucky, that requires NPRM Notice of proposed rulemaking We developed this rule after
operators to provide sufficient financial § Section considering numerous statutes and
assurances for the treatment of post- U.S.C. United States Code Executive Orders related to rulemaking.
mining discharges for as long as such Below we summarize our analyses
II. Background Information and
discharges continue to exist. based on a number of these statutes and
Regulatory History
Executive Orders, and we discuss First
Editorial note: This document was On November 14, 2017, we published Amendment rights of protesters.
received for publication by the Office of the a NPRM entitled, ‘‘Drawbridge
Federal Register on January 24, 2018. Operation Regulation; China Basin, A. Regulatory Planning and Review
[FR Doc. 2018–01635 Filed 1–26–18; 8:45 am] Mission Creek, San Francisco, CA’’ in Executive Orders 12866 and 13563
BILLING CODE 4310–05–P the Federal Register (82 FR 218). We direct agencies to assess the costs and
received no comments on this rule. benefits of available regulatory
alternatives and, if regulation is
III. Legal Authority and Need for Rule
DEPARTMENT OF HOMELAND necessary, to select regulatory
SECURITY The Coast Guard is issuing this rule approaches that maximize net benefits.
under authority 33 U.S.C. 499. The 3rd Executive Order 13771 directs agencies
Coast Guard Street Bridge, across China Basin, to control regulatory costs through a
Mission Creek, mile 0.0, at San budgeting process. This rule has not
33 CFR Part 117 Francisco, California, is a single leaf been designated a ‘‘significant
bascule bridge which provides 3 feet of regulatory action,’’ under Executive
[Docket No. USCG–2017–1015]
vertical clearance at mean high water in Order 12866. Accordingly, it has not
RIN 1625–AA09 the closed position and unlimited been reviewed by the Office of
vertical clearance in the open position. Management and Budget (OMB) and
Drawbridge Operation Regulation; According to the Coast Guard pursuant to OMB guidance it is exempt
China Basin, Mission Creek, San Drawbridge Operation Regulations in 33 from the requirements of Executive
Francisco, CA CFR 117.149 the draw shall open on Order 13771.
AGENCY: Coast Guard, DHS. signal if at least one hour notice is This regulatory action determination
given. is based on the limited number of
ACTION: Temporary final rule. The owner of the bridge, the City of vessels impacted and the ability of those
SUMMARY: The Coast Guard is San Francisco, has submitted a request vessel owners, located upstream of the
temporarily modifying the operating to the Coast Guard to keep the bridge in bridge, to receive assistance from the
schedule that governs the 3rd Street the closed-to-navigation position for 18 City of San Francisco in finding
Bridge, across China Basin, Mission months to complete critical mechanical alternate moorings while the bridge is in
Creek, mile 0.0, at San Francisco, and structural rehabilitation of the the closed-to-navigation position.
California. The bridge owner, the City of bridge.
China Basin, Mission Creek, is 0.64 B. Impact on Small Entities
San Francisco, submitted a request to
secure the bridge in the closed-to- miles in length with the 3rd Street The Regulatory Flexibility Act of 1980
navigation position for 18 months in Bridge at the mouth of the basin. (RFA), 5 U.S.C. 601–612, as amended,
order to conduct critical mechanical and Approximately 35 recreational vessels requires federal agencies to consider the
structural rehabilitation of the bridge. are moored upstream of the bridge and potential impact of regulations on small
The temporary change to the regulations require the drawspan to open in order entities during rulemaking. The term
is expected to meet the reasonable needs to depart the basin into San Francisco ‘‘small entities’’ comprises small
of navigation on the waterway. Bay. There are no commercial vessels businesses, not-for-profit organizations
that regularly use the waterway. The that are independently owned and
DATES: This temporary final rule is
City of San Francisco has indicated that operated and are not dominant in their
sradovich on DSK3GMQ082PROD with RULES
effective from 6 a.m. on February 28, they will assist vessel owners in China fields, and governmental jurisdictions
2018, until 11 p.m. on September 30, Basin, Mission Creek, to find alternate with populations of less than 50,000.
2019. moorings during the closure period. The Coast Guard received no comments
ADDRESSES: To view documents Vessels able to transit the bridge, while from the Small Business Administration
mentioned in this preamble as being in the closed-to-navigation position, can on this rule. The Coast Guard certifies
available in the docket, go to http:// continue to do so during the closure under 5 U.S.C. 605(b) that this rule will
www.regulations.gov. Type USCG– period. not have a significant economic impact
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![3960 Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Rules and Regulations
on a substantial number of small responsibilities between the Federal § 117.149, is suspended and
entities. Government and Indian tribes. § 117.149(T) is added to read as follows:
While some owners or operators of
vessels intending to transit the bridge E. Unfunded Mandates Reform Act § 117.149–T China Basin, Mission Creek.
may be small entities, for the reasons The Unfunded Mandates Reform Act (a) The draw of the 3rd Street bridge,
stated in section V.A above, this rule of 1995 (2 U.S.C. 1531–1538) requires mile 0.0, at San Francisco, need not be
will not have a significant economic Federal agencies to assess the effects of opened for the passage of vessels. The
impact on any vessel owner or operator. their discretionary regulatory actions. In draw shall be returned to operable
Under section 213(a) of the Small particular, the Act addresses actions condition within 45 days after
Business Regulatory Enforcement that may result in the expenditure by a notification by the District Commander
Fairness Act of 1996 (Pub. L. 104–121), State, local, or tribal government, in the to do so.
we want to assist small entities in aggregate, or by the private sector of (b) The draw of the 4th Street bridge,
understanding this rule. If the rule $100,000,000 (adjusted for inflation) or mile 0.2, at San Francisco, shall open on
would affect your small business, more in any one year. Though this rule signal if at least one hour notice is
organization, or governmental will not result in such an expenditure, given.
jurisdiction and you have questions we do discuss the effects of this rule Dated: January 23 2018.
concerning its provisions or options for elsewhere in this preamble. Todd A. Sokalzuk,
compliance, please contact the person
F. Environment Rear Admiral, U.S. Coast Guard, Commander,
listed in the FOR FURTHER INFORMATION Eleventh Coast Guard District.
CONTACT, above. We have analyzed this rule under
Department of Homeland Security [FR Doc. 2018–01556 Filed 1–26–18; 8:45 am]
Small businesses may send comments
on the actions of Federal employees Management Directive 023–01 and BILLING CODE 9110–04–P
who enforce, or otherwise determine Commandant Instruction M16475.lD,
compliance with, Federal regulations to which guides the Coast Guard in
the Small Business and Agriculture complying with the National DEPARTMENT OF HOMELAND
Regulatory Enforcement Ombudsman Environmental Policy Act of 1969 SECURITY
and the Regional Small Business (NEPA) (42 U.S.C. 4321–4370f), and Coast Guard
Regulatory Fairness Boards. The have made a determination that this
Ombudsman evaluates these actions action is one of a category of actions 33 CFR Part 117
annually and rates each agency’s which do not individually or
responsiveness to small business. If you cumulatively have a significant effect on
the human environment. This rule [Docket No. USCG–2018–0057]
wish to comment on actions by
employees of the Coast Guard, call 1– simply promulgates the operating
Drawbridge Operation Regulation;
888–REG–FAIR (1–888–734–3247). The regulations or procedures for
Three Mile Slough, Rio Vista, CA
Coast Guard will not retaliate against drawbridges. This action is categorically
small entities that question or complain excluded from further review, under AGENCY: Coast Guard, DHS.
about this rule or any policy or action figure 2–1, paragraph (32)(e), of the ACTION:Notice of deviation from
of the Coast Guard. Instruction. drawbridge regulation.
A Record of Environmental
C. Collection of Information Consideration and a Memorandum for SUMMARY: The Coast Guard has issued a
This rule calls for no new collection the Record are not required for this rule. temporary deviation from the operating
of information under the Paperwork schedule that governs the California
G. Protest Activities
Reduction Act of 1995 (44 U.S.C. 3501– Route 160 Drawbridge across Three Mile
3520). The Coast Guard respects the First Slough, mile 0.1, near Rio Vista, CA.
Amendment rights of protesters. This deviation allows the bridge to
D. Federalism and Indian Tribal Protesters are asked to contact the
Government remain in the closed-to-navigation
person listed in the FOR FURTHER position while the bridge owner
A rule has implications for federalism INFORMATION CONTACT section to conducts emergency repairs.
under Executive Order 13132, coordinate protest activities so that your
DATES: This deviation is effective
Federalism, if it has a substantial direct message can be received without
without actual notice from January 29,
effect on the States, on the relationship jeopardizing the safety or security of
2018 through 11 p.m. on February 23,
between the national government and people, places or vessels.
2018. For the purposes of enforcement,
the States, or on the distribution of
List of Subjects in 33 CFR Part 117 actual notice will be used from 10:30
power and responsibilities among the
Bridges. a.m. on December 16, 2017, until
various levels of government. We have
January 29, 2018.
analyzed this rule under that Order and For the reasons discussed in the
have determined that it is consistent preamble, the Coast Guard amends 33 ADDRESSES: The docket for this
with the fundamental federalism CFR part 117 as follows: deviation, USCG–2018–0057, is
principles and preemption requirements available at http://www.regulations.gov.
described in Executive Order 13132. PART 117—DRAWBRIDGE Type the docket number in the
Also, this rule does not have tribal OPERATION REGULATIONS ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
implications under Executive Order Click on Open Docket Folder on the line
sradovich on DSK3GMQ082PROD with RULES
13175, Consultation and Coordination ■ 1. The authority citation for part 117 associated with this deviation.
with Indian Tribal Governments, continues to read as follows: FOR FURTHER INFORMATION CONTACT: If
because it does not have a substantial Authority: 33 U.S.C. 499; 33 CFR 1.05–1; you have questions on this temporary
direct effect on one or more Indian Department of Homeland Security Delegation deviation, call or email Carl T. Hausner,
tribes, on the relationship between the No. 0170.1. Chief, Bridge Section, Eleventh Coast
Federal Government and Indian tribes, ■ 2. From 6 a.m. on February 28, 2018, Guard District; telephone 510–437–
or on the distribution of power and until 11 p.m. on September 30, 2019, 3516; email Carl.T.Hausner@uscg.mil.
VerDate Sep<11>2014 16:12 Jan 26, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\29JAR1.SGM 29JAR1](https://thefederalregister.org/doc/83_FR_3978/page/2.svg)
Document Created: 2018-01-27 00:58:04
Document Modified: 2018-01-27 00:58:04
| 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 | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This temporary final rule is effective from 6 a.m. on February 28, 2018, until 11 p.m. on September 30, 2019. | |
| Contact | If you have questions on this temporary final rule, call or email Carl T. Hausner, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516; email [email protected] | |
| FR Citation | 83 FR 3959 | |
| RIN Number | 1625-AA09 |
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