83 FR 3960 - Drawbridge Operation Regulation; Three Mile Slough, Rio Vista, 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 | 3960-3961 | |
| FR Document | 2018-01634 |
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)] [Rules and Regulations] [Pages 3960-3961] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01634] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2018-0057] Drawbridge Operation Regulation; Three Mile Slough, Rio Vista, CA AGENCY: Coast Guard, DHS. ACTION: Notice of deviation from drawbridge regulation. ----------------------------------------------------------------------- SUMMARY: The Coast Guard has issued a temporary deviation from the operating schedule that governs the California Route 160 Drawbridge across Three Mile Slough, mile 0.1, near Rio Vista, CA. This deviation allows the bridge to remain in the closed-to-navigation position while the bridge owner conducts emergency repairs. DATES: This deviation is effective without actual notice from January 29, 2018 through 11 p.m. on February 23, 2018. For the purposes of enforcement, actual notice will be used from 10:30 a.m. on December 16, 2017, until January 29, 2018. ADDRESSES: The docket for this deviation, USCG-2018-0057, is available at http://www.regulations.gov. Type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Carl T. Hausner, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516; email [email protected]. [[Page 3961]] SUPPLEMENTARY INFORMATION: On December 16, 2017 the California Department of Transportation reported that the California Route 160 Drawbridge over Three Mile Slough, mile 0.1, near Rio Vista, CA suffered a mechanical failure. The drawspan was secured in the closed- to-navigation position due to damaged uphaul/downhaul wire ropes, wire rope drums and sheaves. The drawbridge navigation span provides a vertical clearance of 12 feet above Mean High Water in the closed-to- navigation position. The draw opens on signal as required by 33 CFR 117.5. Navigation on the waterway is commercial and recreational. The drawspan will be secured in the closed-to-navigation position from 10:30 a.m. on December 16, 2017, through 11 p.m. on February 23, 2018, to allow the bridge owner to conduct emergency repairs. This temporary deviation has not been coordinated with waterway users. Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will not be able to open for emergencies. The Sacramento River and San Joaquin River can be used as alternate routes for vessels unable to pass through the bridge in the closed position. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: January 24, 2018. Carl T. Hausner, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2018-01634 Filed 1-26-18; 8:45 am] BILLING CODE 9110-04-P
![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.
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![Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Rules and Regulations 3961
SUPPLEMENTARY INFORMATION: On DEPARTMENT OF HOMELAND Bridgeport, Connecticut, has a vertical
December 16, 2017 the California SECURITY clearance of 26 feet at Mean High Water
Department of Transportation reported and 32 feet at Mean Low Water when
that the California Route 160 Coast Guard the span is in the closed position.
Drawbridge over Three Mile Slough, Vertical clearance is 65 feet when draw
mile 0.1, near Rio Vista, CA suffered a 33 CFR Part 117 is open. Horizontal clearance is 105 feet.
mechanical failure. The drawspan was [Docket No. USCG–2017–0750] Waterway users include recreational
secured in the closed-to-navigation and a limited number of small
RIN 1625–AA09 commercial vessels. The drawbridge
position due to damaged uphaul/
downhaul wire ropes, wire rope drums operating regulations are listed at 33
Drawbridge Operation Regulation; CFR 117.219(b).
and sheaves. The drawbridge navigation Pequonnock River, Bridgeport, CT
span provides a vertical clearance of 12 The bridge is a component of the
feet above Mean High Water in the AGENCY: Coast Guard, DHS. Northeast Corridor, which supports
closed-to-navigation position. The draw ACTION: Final rule. Metro-North, Amtrak, and freight rail
service. 211 Metro-North commuter
opens on signal as required by 33 CFR SUMMARY: The Coast Guard is changing trains alone cross the bridge daily. The
117.5. Navigation on the waterway is the operating schedule that governs the owner of the bridge, the Metro-North
commercial and recreational. Metro-North Peck Bridge across the Railroad, requested a change to require
The drawspan will be secured in the Pequonnock River, mile 0.3, at a minimum of four hours of advance
closed-to-navigation position from 10:30 Bridgeport, Connecticut. The owner of notice to better facilitate the orderly
a.m. on December 16, 2017, through 11 the Bridge, Metro-North Railroad, flow of rail traffic while satisfying the
p.m. on February 23, 2018, to allow the submitted a request that vessels seeking reasonable needs of navigation. The
bridge owner to conduct emergency an opening of the draw provide a Metro-North Railroad also requested to
repairs. This temporary deviation has minimum of four hours advance notice. increase the number of hours the bridge
not been coordinated with waterway It is expected this change to the need not open, except for emergencies,
users. regulations will better serve the needs of from 2 hours and 40 minutes to a total
the community while satisfying the of 8 hours per day with exceptions for
Vessels able to pass through the reasonable needs of navigation. weekends, holidays, and emergencies,
bridge in the closed position may do so DATES: This rule is effective February and to extend the allowable delay to an
at anytime. The bridge will not be able 28, 2018. opening when a train is approaching the
to open for emergencies. The ADDRESSES: To view documents bridge from seven to fifteen minutes.
Sacramento River and San Joaquin River mentioned in this preamble as being Allowing the bridge owner to require
can be used as alternate routes for available in the docket, go to http:// such notice will allow for more efficient
vessels unable to pass through the www.regulations.gov, type USCG–2017– and economical operation of the bridge.
bridge in the closed position. The Coast 0750. In the ‘‘SEARCH’’ box and click The bridge has not received any
Guard will also inform the users of the ‘‘SEARCH.’’ Click on Open Docket requests for an opening in the past four
waterway through our Local and Folder on the line associated with this years.
Broadcast Notices to Mariners of the rulemaking. The Coast Guard believes this change
change in operating schedule for the FOR FURTHER INFORMATION CONTACT: If balances the needs of land-based and
bridge so that vessel operators can you have questions on this rule, call or marine traffic as it will enhance railroad
arrange their transits to minimize any email Mr. Jeffrey Stieb, Project Officer, traffic flow without significantly
impact caused by the temporary First Coast Guard District, telephone, impacting vessel traffic.
deviation. 617–223–8364, Jeffrey.D.Stieb@uscg.mil. IV. Discussion of Comments, Changes
In accordance with 33 CFR 117.35(e), SUPPLEMENTARY INFORMATION: and the Final Rule
the drawbridge must return to its regular I. Table of Abbreviations The Coast Guard received three
operating schedule immediately at the
CFR Code of Federal Regulations comments in response to the NPRM. No
end of the effective period of this
DHS Department of Homeland Security changes in the regulatory text were
temporary deviation. This deviation E.O. Executive order made in response to the comments. One
from the operating regulations is FR Federal Register comment inquired whether the phone
authorized under 33 CFR 117.35. NPRM Notice of proposed rulemaking number for the bridge will be available
Dated: January 24, 2018. § Section other than by viewing the number
U.S.C. United States Code
Carl T. Hausner, posted as the bridge. Bridge openings
District Bridge Chief, Eleventh Coast Guard II. Background Information and can be requested by calling the Metro-
District. Regulatory History North 24 hour Operations Control
[FR Doc. 2018–01634 Filed 1–26–18; 8:45 am] On October 10, 2017, we published a Center (OCC) at 212–340–2050. Metro-
NPRM entitled ‘‘Drawbridge Operation North will contact local waterway users
BILLING CODE 9110–04–P
Regulation; Pequonnock River, directly to advise them of the number
Bridgeport, Connecticut,’’ in the Federal and the amended regulation.
Register (82 FR 46948). We received A second comment asked how the
three comments on this rule that are amended regulation will be
sradovich on DSK3GMQ082PROD with RULES
discussed in Section IV. communicated to the maritime
community. Metro-North will contact
III. Legal Authority and Need for Rule local waterway users directly and the
The Coast Guard is issuing this rule Coast Guard will publish notice of the
under authority 33 U.S.C. 499. amended regulation and the phone
The Metro-North Peck Bridge, mile number for the bridge in the Coast
0.3, across the Pequonnock River at Guard’s Local Notice to Mariners.
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Document Created: 2018-01-27 00:57:43
Document Modified: 2018-01-27 00:57:43
| 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 | Notice of deviation from drawbridge regulation. | |
| Dates | This deviation is effective without actual notice from January 29, 2018 through 11 p.m. on February 23, 2018. For the purposes of enforcement, actual notice will be used from 10:30 a.m. on December 16, 2017, until January 29, 2018. | |
| Contact | If you have questions on this temporary deviation, call or email Carl T. Hausner, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516; email [email protected] | |
| FR Citation | 83 FR 3960 |
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