83 FR 8933 - Drawbridge Operation Regulation; Sturgeon Bay, Sturgeon Bay, WI
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 42 (March 2, 2018)
Coast Guard
Federal Register Volume 83, Issue 42 (March 2, 2018)
| Page Range | 8933-8936 | |
| FR Document | 2018-04299 |
[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)] [Rules and Regulations] [Pages 8933-8936] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04299] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0050] RIN 1625-AA09 Drawbridge Operation Regulation; Sturgeon Bay, Sturgeon Bay, WI AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is modifying the operating regulation that governs the Bayview (State Route 42/57) Bridge, Mile 3.0, Maple-Oregon Bridge, Mile 4.17, and Michigan Street Bridge, Mile 4.3, all over the Sturgeon Bay Ship Canal in Sturgeon Bay, WI, by authorizing remote operation for all three drawbridges. The operating [[Page 8934]] schedules are not changing. The three drawbridges will be permanently remotely operated by a single tender. DATES: This rule is effective April 2, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov. Type USCG- 2017-1047 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 rule, call or email Mr. Lee Soule, Bridge Management Specialist, Ninth Coast Guard District; telephone 216-902-6085, or Lee.D.Soule@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 WI-DOT Wisconsin Department of Transportation II. Background Information and Regulatory History On February 21, 2017, we published an interim rule with request for comments entitled Drawbridge Operation Regulation; Sturgeon Bay, Sturgeon Bay, WI in the Federal Register (82 FR 11148). The comment period lasted between March 23 and December 1, 2017. We received three comments. A WI-DOT stakeholder and public involvement meeting was held in Sturgeon Bay, WI, on August 1, 2017. Additionally, the City of Sturgeon Bay conducted a Local Officials Meeting and a Community Protection Services Meeting, on April 11, 2017 and May 11, 2017, respectively, to align all city services with the remote drawbridge operation. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. The operating schedules for the three drawbridges that cross Sturgeon Bay Ship Canal in Sturgeon Bay, WI are found under the existing regulation, 33 CFR 117.1101; Sturgeon Bay. All three drawbridges are bascule-type bridges with unlimited vertical clearance in the open position. In the closed position, the three drawbridges provide the following clearances: Bayview Bridge 42-feet, Maple-Oregon Bridge 25-feet, and Michigan Street Bridge 14-feet. Under the current regulations, from March 15 thru November 30, the Bayview Bridge opens on signal for vessels 24 hours per day, 7 days per week. Between December 1 and March 14 the Bayview Bridge will open for vessels if at least 12-hours advance notice is provided. Between March 15 and December 31, the Maple-Oregon Bridge will open for recreational vessels on the quarter-hour and three-quarter hour, 24 hours per day, 7 days per week. Between March 15 and December 31 the Michigan Street Bridge will open for vessels on the hour and half-hour, 24 hours per day, 7 days per week. Between January 1 and March 14 both the Maple-Oregon and the Michigan Street Bridges will open for vessels if at least 12-hours advance notice is provided. All three drawbridges open at any time for commercial vessels. Due to the close proximity of the Maple-Oregon and the Michigan Street Bridges, both are required to open simultaneously if requested by a commercial vessel and both shall open on signal at any time if at least 10 vessels have accumulated at either bridge waiting for an opening or vessels are seeking shelter from severe weather. This rule does not change any of the existing bridge schedules or conditions. WI-DOT, owner of all three drawbridges, requested the Coast Guard authorize permanent remote operation of Bayview Bridge and Michigan Street Bridge, with operation from a single tender stationed at the middle bridge, Maple-Oregon Bridge, under the provisions of 33 CFR 117.42. The interim rule allowed testing of the remote operation arrangement throughout the 2017 navigation season to identify and fully evaluate any impacts during the testing period. Authorizing temporary remote operation of the Sturgeon Bay drawbridges provided an opportunity to evaluate the use of current technology to monitor and operate remote drawbridges due to the particular conditions on this waterway and the demonstrated historical record over time by the bridge owner, WI-DOT, to efficiently manage and operate their drawbridges within the Ninth Coast Guard District. The Sturgeon Bay Ship Canal carries large (freighter) and smaller (tug/barge) commercial vessels, recreational vessels (including sailing vessels), vessels seeking emergency yard services, transient vessels, and vessels seeking shelter from severe weather. There are numerous commercial, recreational, and transient facilities along Sturgeon Bay Ship Canal, including a shipyard capable of servicing freighter size commercial vessels. Vessels may enter or exit the Ship Canal through east or west entrances, with some traffic passing through the entire waterway and requiring openings of all three drawbridges, and some traffic reaching facilities without requiring any drawbridge openings by entering the waterway from either the Lake Michigan or Green Bay sides. Prior to the testing period authorized by the interim rule, WI-DOT provided data from the 2014 and 2015 seasons showing the number of commercial and recreational vessel traffic openings for each bridge. This data was published in the interim rule. For general comparison the total bridge openings of all three drawbridges during 2014 for all types of vessel traffic were 4,694 openings; during 2015 were 5,251 openings; and during 2017 (through November 30) were 4,945 openings. WI-DOT gathered additional data throughout the 2017 navigation season and during the interim rule period, including vehicular and pedestrian traffic totals. The operating schedules for all three drawbridges were not changed during the 2017 testing period and will not be changed with this rule. IV. Discussion of Comments, Changes and the Final Rule The interim rule provided a comment period between March 23 and December 1, 2017. We received three comments from the general public. Two comments generally supported the effectiveness of the remote operation arrangement. One comment stated the single tender located at the central bridge (Maple-Oregon Bridge) `should at the very least have visual contact with the bridge they are opening', citing the distance between the Maple-Oregon Bridge and the Bayview Bridge, approximately 1.3 miles apart. The Bayview Bridge offers greater vertical clearance for vessels in the closed position compared to Maple-Oregon Bridge, thereby requiring fewer drawbridge openings (488 openings at Bayview Bridge versus 1,439 openings at Maple-Oregon Bridge in 2017). The single tender at Maple-Oregon Bridge can visually see the Bayview Bridge with at least one mile of clear weather and has sufficient camera coverage for all approaches on the roadway or waterway (including thermal imaging during poor visibility) to safely operate the drawbridge for marine, vehicular and pedestrian traffic. No changes published in the interim rule have been revised in this final rule based on the comments received. WI-DOT requested the Coast Guard authorize permanently operating the Bayview and Michigan Street Bridges with a single bridge tender operating [[Page 8935]] remote equipment from the Maple-Oregon Bridge, which is located between the Bayview and Michigan Street Bridges. In order to fulfill the required methods to receive and respond to bridge opening requests from vessels during the 2017 test period, as outlined in subpart A of 33 CFR part 117, WI-DOT employed the following equipment and protocols: Separate programmable logic controllers (PLC) designed for each bridge on fiber optic connections; digital camera coverage (with ability to pan and provide overlap video coverage) of all approaches from land and water; thermal imaging during severe weather or restricted visibility; two-way audio capability; VHF-FM marine radiotelephone; landline telephone; horn; signal lights; back-up and redundant systems; exclusive duties of bridge tenders; and signage at the bridges advising mariners of communication and signaling methods. WI-DOT developed protocols to suspend the remote operation arrangement and provide tenders at each drawbridge during emergencies or equipment failures, and during busy holidays or weekends (Memorial Day, July Fourth, Labor Day). WI-DOT provided a report documenting various data and observations, including: Frequency of bridge openings; vehicular traffic counts; vessel traffic counts (and type); pedestrian counts; frequency of equipment failure and temporary suspension of remote operation; frequency of restricted visibility; best practices; lessons learned; and other information useful for evaluating the remote operation arrangement. The overall number of openings at all three drawbridges between 2015 and 2017 were comparable (5,251 versus 4,945, respectively). The data provided by WI-DOT following the test period also included: No reports of equipment failure or temporary suspension of remote operation due to equipment failure; no periods of restricted visibility that affected safe remote operation; twenty occasions where ten or more vessels were waiting for openings between Michigan Avenue and Maple- Oregon Street Bridges, requiring openings outside of scheduled times and as per the existing operating regulations; and no additional periods where traffic volume or conditions necessitated manning all three drawbridges outside of expected traffic increases (Memorial Day, July 4th, Labor Day). The following items are among other lessons learned and provided by WI-DOT: High-definition cameras provide the greatest clarity of all views and should be mounted to the bridge in a manner where minimum vibration is experienced; two separate power sources are provided for each structure for redundancy; designation of one tender as ``Head Drawtender'' to receive and respond to all possible issues related to tenders, including emergency response; involve local law enforcement and fire first responders early in the planning process to ensure effective communications and interconnectivity with responder systems; identifying local sources to service equipment during emergencies to minimize disruptions; and investigate WiFi options for hard wire systems for redundancy. In addition to the successful test during the interim rule period, the established performance history of this particular bridge owner/ operator was a significant factor in our evaluation of the safety and effectiveness of remote bridge operation. Strong consideration was given to this bridge owner due to no reported unreasonable delays to open drawbridges in the past ten years, timely bridge repairs when any drawbridge is rendered inoperable, no reported safety incidents, protocols to have tenders on all bridges within 30 minutes, if needed, and remote tenders having no other duties other than monitoring and operation of the drawbridges. We determined that the particular conditions on this waterway, along with the protocols and the historical performance of the bridge owner, allow for the safe and efficient operation of the Sturgon Bay drawbridges via remote operation. The existing operating schedules of the drawbridges will not be changed by this rule. This rule modifies the regulatory language by including the authorization to remotely operate the drawbridges under the provisions of 33 CFR 117.42. 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 fact no changes to operating schedules are implemented with this action. The remote drawbridge operation is expected and designed to be transparent to vessels with no additional requirements or actions necessary to pass any of the three drawbridges. 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 zero 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 on a substantial number of small entities. This rule imposes no changes or additional requirements for any vessel operator or small entity to pass a drawbridge compared to current conditions. 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 [[Page 8936]] 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; and Department of Homeland Security Delegation No. 0170.1. 0 2. In Sec. 117.1101, add introductory text to read as follows: Sec. 117.1101 Sturgeon Bay. The draws of the Bayview (State Route 42/57) and Michigan Street bridges, miles 3.0 and 4.3, respectively, at Sturgeon Bay, are remotely operated by the tender at Maple-Oregon bridge, mile 4.17, and shall open as follows: * * * * * Dated: February 15, 2018. J.M. Nunan, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. 2018-04299 Filed 3-1-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations 8933
13211. Therefore, a Statement of Energy (that is, each day a COF is operated March 5–7, 2018; and March 12–14,
Effects is not required. without acceptable evidence of OSFR). 2018. Additionally, the Meadowbrook
* * * * * State Parkway Bridge shall remain in
List of Subjects
[FR Doc. 2018–04248 Filed 3–1–18; 8:45 am] the closed position between 7 a.m.
30 CFR Part 550 BILLING CODE 4310–MR–P Monday and 7 a.m. Wednesday as
Administrative practice and follows: April 30–May 2, 2018; and May
procedure, Continental shelf, 7–9, 2018. The majority of
Environmental impact statements, DEPARTMENT OF HOMELAND Meadowbrook State Parkway Bridge
Environmental protection, Federal SECURITY openings for the past three years
lands, Government contracts, between March and April occurred on
Investigations, Mineral resources, Oil Coast Guard Fridays, Saturdays and Sundays.
and gas exploration, Outer continental The waterway is transited by
shelf, Penalties, Pipelines, Reporting 33 CFR Part 117 commercial and recreational traffic. The
and recordkeeping requirements, Rights- Coast Guard notified known waterway
[Docket No. USCG–2018–0120]
of-way, Sulfur. users and there were no objections to
Drawbridge Operation Regulation; this temporary deviation. Vessels able to
30 CFR Part 553 pass under the bridge in the closed
Sloop Channel, Hempstead, New York
Administrative practice and position may do so at any time. The
procedure, Continental shelf, Financial AGENCY: Coast Guard, DHS. bridge will not be able to open for
responsibility, Liability, Limit of ACTION:Notice of deviation from emergencies and there is no immediate
liability, Oil and gas exploration, Oil drawbridge regulation. alternate route for vessels to pass.
pollution, Outer continental shelf, The Coast Guard will also inform
SUMMARY: The Coast Guard has issued a waterway users of the closure through
Penalties, Pipelines, Reporting and
temporary deviation from the operating our Local and Broadcast Notices to
recordkeeping requirements, Rights-of-
schedule that governs the Meadowbrook Mariners of the change in operating
way, Surety bonds, Treasury securities.
State Parkway Bridge across the Sloop schedule for the bridge so that vessel
Dated: February 12, 2018. Channel, mile 12.8, at Hempstead, New operators can arrange their transits to
Joseph R. Balash, York. This temporary deviation is minimize any impact caused by the
Assistant Secretary—Land and Minerals necessary to allow the bridge to remain temporary deviation.
Management. in the closed-to-navigation position to In accordance with 33 CFR 117.35(e),
For the reasons stated in the facilitate the machinery rehabilitation the drawbridge must return to its regular
preamble, the BOEM amends 30 CFR and spanlock replacement of the bridge. operating schedule immediately at the
parts 550 and 553 as follows: This deviation allows the bridge to end of the effective period of this
remain in the closed position. temporary deviation. This deviation
PART 550—OIL AND GAS AND DATES: This deviation is effective from from the operating regulations is
SULFUR OPERATIONS IN THE OUTER 7 a.m. on March 5, 2018 to 7 a.m. on authorized under 33 CFR 117.35.
CONTINENTAL SHELF May 9, 2018. Dated: February 26, 2018.
ADDRESSES: The docket for this Christopher J. Bisignano,
■ 1. The authority citation for part 550
continues to read as follows: deviation, USCG–2018–0120 is available Supervisory Bridge Management Specialist,
at http://www.regulations.gov. Type the First Coast Guard District.
Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; docket number in the ‘‘SEARCH’’ box
43 U.S.C. 1334. [FR Doc. 2018–04243 Filed 3–1–18; 8:45 am]
and click ‘‘SEARCH’’. Click on Open
BILLING CODE 9110–04–P
■ 2. Revise § 550.1403 to read as Docket Folder on the line associated
follows: with this deviation.
FOR FURTHER INFORMATION CONTACT: If DEPARTMENT OF HOMELAND
§ 550.1403 What is the maximum civil
penalty? you have questions on this temporary SECURITY
The maximum civil penalty is deviation, call or email Judy Leung-Yee,
$43,576 per day per violation. Project Officer, First Coast Guard Coast Guard
District, telephone (212) 514–4330,
PART 553—OIL SPILL FINANCIAL email judy.k.leung-yee@uscg.mil. 33 CFR Part 117
RESPONSIBILITY FOR OFFSHORE SUPPLEMENTARY INFORMATION: The owner [Docket No. USCG–2017–0050]
FACILITIES of the bridge, the New York State
Department of Transportation, requested RIN 1625–AA09
■ 3. The authority citation for part 553 a temporary deviation to facilitate the
continues to read as follows: Drawbridge Operation Regulation;
machinery rehabilitation and spanlock
Sturgeon Bay, Sturgeon Bay, WI
Authority: 33 U.S.C. 2704, 2716; E.O. replacement of the bridge. The
12777, as amended. Meadowbrook State Parkway Bridge AGENCY: Coast Guard, DHS.
■ 4. In § 553.51, revise paragraph (a) to across the Sloop Channel, mile 12.8, has ACTION: Final rule.
read as follows: a vertical clearance in the closed
position of 22 feet at mean high water SUMMARY: The Coast Guard is modifying
§ 553.51 What are the penalties for not and 25 feet at mean low water. The the operating regulation that governs the
complying with this part? Bayview (State Route 42/57) Bridge,
daltland on DSKBBV9HB2PROD with RULES
existing bridge operating regulations are
(a) If you fail to comply with the found at 33 CFR 117.799(h). Mile 3.0, Maple-Oregon Bridge, Mile
financial responsibility requirements of This temporary deviation allows the 4.17, and Michigan Street Bridge, Mile
OPA at 33 U.S.C. 2716 or with the Meadowbrook State Parkway Bridge to 4.3, all over the Sturgeon Bay Ship
requirements of this part, then you may remain in the closed position daily on Canal in Sturgeon Bay, WI, by
be liable for a civil penalty of up to Monday, Tuesday, and Wednesday authorizing remote operation for all
$46,192 per COF per day of violation between 7 a.m. and 7 p.m. as follows: three drawbridges. The operating
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![8936 Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations
wish to comment on actions by the human environment. This rule ACTION: Notice of temporary deviation
employees of the Coast Guard, call 1– simply promulgates the operating from regulations; request for comments.
888–REG–FAIR (1–888–734–3247). The regulations or procedures for
Coast Guard will not retaliate against drawbridges. This action is categorically SUMMARY: The Coast Guard has issued a
small entities that question or complain excluded from further review, under temporary deviation from the operating
about this rule or any policy or action figure 2–1, paragraph (32)(e), of the schedule that governs the Northwestern
of the Coast Guard. Instruction. Pacific (SMART) railroad bridge across
A Record of Environmental the Petaluma River, mile 12.4, at
C. Collection of Information Haystack Landing (Petaluma), CA. This
Consideration and a Memorandum for
This rule calls for no new collection the Record are not required for this rule. deviation will test a change to the
of information under the Paperwork drawbridge operation schedule to
Reduction Act of 1995 (44 U.S.C. 3501– G. Protest Activities determine whether a permanent change
3520). The Coast Guard respects the First to the schedule is appropriate. This test
Amendment rights of protesters. deviation will modify the existing
D. Federalism and Indian Tribal regulation to add an advance
Government Protesters are asked to contact the
person listed in the FOR FURTHER notification requirement for obtaining
A rule has implications for federalism INFORMATION CONTACT section to bridge openings.
under Executive Order 13132, coordinate protest activities so that your DATES: This deviation is effective from
Federalism, if it has a substantial direct message can be received without 6 a.m. on March 19, 2018 to 6 a.m. on
effect on the States, on the relationship jeopardizing the safety or security of June 17, 2018.
between the national government and people, places or vessels. Comments and related materials must
the States, or on the distribution of reach the Coast Guard on or before July
power and responsibilities among the List of Subjects in 33 CFR Part 117 2, 2018.
various levels of government. We have Bridges. ADDRESSES: You may submit comments
analyzed this rule under that Order and For the reasons discussed in the identified by docket number USCG–
have determined that it is consistent preamble, the Coast Guard amends 33 2018–0091 using Federal eRulemaking
with the fundamental federalism CFR part 117 as follows: Portal at http://www.regulations.gov.
principles and preemption requirements See the ‘‘Public Participation and
described in Executive Order 13132. PART 117—DRAWBRIDGE Request for Comments’’ portion of the
Also, this rule does not have tribal OPERATION REGULATIONS SUPPLEMENTARY INFORMATION section
implications under Executive Order below for instructions on submitting
13175, Consultation and Coordination ■ 1. The authority citation for part 117 comments.
with Indian Tribal Governments, continues to read as follows:
because it does not have a substantial FOR FURTHER INFORMATION CONTACT: If
Authority: 33 U.S.C. 499; 33 CFR 1.05–1; you have questions on this test
direct effect on one or more Indian and Department of Homeland Security
tribes, on the relationship between the deviation, call or email Carl T. Hausner,
Delegation No. 0170.1.
Federal Government and Indian tribes, Chief, Bridge Section, Eleventh Coast
■ 2. In § 117.1101, add introductory text Guard District; telephone 510–437–
or on the distribution of power and
to read as follows: 3516; email Carl.T.Hausner@uscg.mil.
responsibilities between the Federal
Government and Indian tribes. § 117.1101 Sturgeon Bay. SUPPLEMENTARY INFORMATION:
E. Unfunded Mandates Reform Act The draws of the Bayview (State I. Background, Purpose and Legal Basis
Route 42/57) and Michigan Street Sonoma-Marin Area Rail Transit
The Unfunded Mandates Reform Act
bridges, miles 3.0 and 4.3, respectively, (SMART) owns the Northwestern
of 1995 (2 U.S.C. 1531–1538) requires
at Sturgeon Bay, are remotely operated Pacific railroad bridge across the
Federal agencies to assess the effects of
by the tender at Maple-Oregon bridge, Petaluma River, mile 12.4, at Haystack
their discretionary regulatory actions. In
mile 4.17, and shall open as follows: Landing (Petaluma), CA. The bridge has
particular, the Act addresses actions
that may result in the expenditure by a * * * * * a vertical clearance of 3.6 feet above
State, local, or tribal government, in the Dated: February 15, 2018. mean high water in the closed-to-
aggregate, or by the private sector of J.M. Nunan, navigation position and unlimited
$100,000,000 (adjusted for inflation) or Rear Admiral, U.S. Coast Guard, Commander, vertical clearance in the open-to-
more in any one year. Though this rule Ninth Coast Guard District. navigation position, and currently
will not result in such an expenditure, [FR Doc. 2018–04299 Filed 3–1–18; 8:45 am]
operates under 33 CFR 117.187(a).
we do discuss the effects of this rule In 2015, SMART replaced the original
BILLING CODE 9110–04–P
elsewhere in this preamble. swing bridge with a single leaf bascule
bridge. Prior to 2015, the swing bridge
F. Environment was rarely used and was maintained in
DEPARTMENT OF HOMELAND
We have analyzed this rule under SECURITY the fully open position. Commuter rail
Department of Homeland Security service began on August 25, 2017.
Management Directive 023–01 and Coast Guard Currently 32 trains cross the bridge each
Commandant Instruction M16475.lD, day. The Petaluma River supports
which guides the Coast Guard in 33 CFR Part 117 commercial and recreational traffic. Due
complying with the National to an increase in said rail traffic,
daltland on DSKBBV9HB2PROD with RULES
Environmental Policy Act of 1969 [Docket No. USCG–2018–0091] SMART has requested the drawspan
(NEPA) (42 U.S.C. 4321–4370f), and Drawbridge Operation Regulation; remain in the closed-to-navigation
have made a determination that this Petaluma River, Haystack Landing position to avoid unnecessary bridge
action is one of a category of actions (Petaluma), CA openings. The Coast Guard is publishing
which do not individually or this temporary deviation to test the
cumulatively have a significant effect on AGENCY: Coast Guard, DHS. proposed schedule change SMART has
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Document Created: 2018-03-01 23:56:30
Document Modified: 2018-03-01 23:56:30
| 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 | Final rule. | |
| Dates | This rule is effective April 2, 2018. | |
| Contact | If you have questions on this rule, call or email Mr. Lee Soule, Bridge Management Specialist, Ninth Coast Guard District; telephone 216-902-6085, or [email protected] | |
| FR Citation | 83 FR 8933 | |
| RIN Number | 1625-AA09 |
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