83 FR 8936 - Drawbridge Operation Regulation; Petaluma River, Haystack Landing (Petaluma), CA
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 | 8936-8937 | |
| FR Document | 2018-04251 |
[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)] [Rules and Regulations] [Pages 8936-8937] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04251] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2018-0091] Drawbridge Operation Regulation; Petaluma River, Haystack Landing (Petaluma), CA AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations; request for comments. ----------------------------------------------------------------------- SUMMARY: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Northwestern Pacific (SMART) railroad bridge across the Petaluma River, mile 12.4, at Haystack Landing (Petaluma), CA. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is appropriate. This test deviation will modify the existing regulation to add an advance notification requirement for obtaining bridge openings. DATES: This deviation is effective from 6 a.m. on March 19, 2018 to 6 a.m. on June 17, 2018. Comments and related materials must reach the Coast Guard on or before July 2, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2018-0091 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 test deviation, call or email Carl T. Hausner, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510-437-3516; email [email protected]. SUPPLEMENTARY INFORMATION: I. Background, Purpose and Legal Basis Sonoma-Marin Area Rail Transit (SMART) owns the Northwestern Pacific railroad bridge across the Petaluma River, mile 12.4, at Haystack Landing (Petaluma), CA. The bridge has a vertical clearance of 3.6 feet above mean high water in the closed-to-navigation position and unlimited vertical clearance in the open-to-navigation position, and currently operates under 33 CFR 117.187(a). In 2015, SMART replaced the original swing bridge with a single leaf bascule bridge. Prior to 2015, the swing bridge was rarely used and was maintained in the fully open position. Commuter rail service began on August 25, 2017. Currently 32 trains cross the bridge each day. The Petaluma River supports commercial and recreational traffic. Due to an increase in said rail traffic, SMART has requested the drawspan remain in the closed-to-navigation position to avoid unnecessary bridge openings. The Coast Guard is publishing this temporary deviation to test the proposed schedule change SMART has [[Page 8937]] requested to determine whether a permanent change to the schedule is appropriate to better balance the needs of marine and rail traffic. Under this temporary deviation, in effect from 6 a.m. on March 19, 2018 to 6 a.m. on June 17, 2018, the bridge shall open on signal from 3 a.m. to 11 p.m. if at least 2 hours notice is given to the drawtender. At all other times, the draw shall be maintained in the fully open position, except for the passage of trains or for maintenance. To request an opening, mariners can contact the drawtender via marine radio VHF-FM channel 16/9 or by telephone at (707) 890-8650. Vessels able to pass through the bridge in the closed position may do so at anytime. The bridge will be required to open as soon as practicable for vessels engaged in emergency response. SMART will log dates and times of vessels requesting openings. There are no alternate routes for vessels transiting upstream of the bridge on the Petaluma River. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners and through direct outreach to local harbors, marinas, and water-based business of the temporary change in the 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. II. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and materials received during the comment period. Your comments 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 document 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 website'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. Dated: February 26, 2018. Carl T. Hausner, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2018-04251 Filed 3-1-18; 8:45 am] BILLING CODE 9110-04-P
![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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![Federal Register / Vol. 83, No. 42 / Friday, March 2, 2018 / Rules and Regulations 8937
requested to determine whether a without change to http:// Guard; telephone 212–514–4336, email
permanent change to the schedule is www.regulations.gov and will include Judy.K.Leung-Yee@uscg.mil.
appropriate to better balance the needs any personal information you have SUPPLEMENTARY INFORMATION: The owner
of marine and rail traffic. provided. For more about privacy and of the bridge, the New Jersey
Under this temporary deviation, in the docket, visit http:// Department of Transportation, requested
effect from 6 a.m. on March 19, 2018 to www.regulations.gov/privacynotice. a temporary deviation in order to
6 a.m. on June 17, 2018, the bridge shall Documents mentioned in this perform work on the switch gear power
open on signal from 3 a.m. to 11 p.m. document as being available in this source of the bridge.
if at least 2 hours notice is given to the docket and all public comments, will be The Route 280 Bridge across the
drawtender. At all other times, the draw in our online docket at http:// Passaic River, mile 5.8, at Harrison, New
shall be maintained in the fully open www.regulations.gov and can be viewed Jersey is a vertical lift bridge with a
position, except for the passage of trains by following that website’s instructions. vertical clearance of 35 feet at mean
or for maintenance. To request an Additionally, if you go to the online high water and 40 feet at mean low
opening, mariners can contact the docket and sign up for email alerts, you water in the closed position. The
drawtender via marine radio VHF–FM will be notified when comments are existing drawbridge operating
channel 16/9 or by telephone at (707) posted or a final rule is published. regulations are listed at 33 CFR
890–8650. Vessels able to pass through
Dated: February 26, 2018. 117.739(h).
the bridge in the closed position may do
Carl T. Hausner, This temporary deviation will allow
so at anytime. The bridge will be
District Bridge Chief, Eleventh Coast Guard the Route 280 Bridge to remain in the
required to open as soon as practicable
District. closed position from 12:01 a.m. on
for vessels engaged in emergency
[FR Doc. 2018–04251 Filed 3–1–18; 8:45 am] March 1, 2018, to 11:59 p.m. on March
response. SMART will log dates and
7, 2018. The deviation will have
times of vessels requesting openings. BILLING CODE 9110–04–P
negligible effect on navigation. The
There are no alternate routes for vessels
waterway is transited by recreational
transiting upstream of the bridge on the
DEPARTMENT OF HOMELAND and commercial vessels. Coordination
Petaluma River.
The Coast Guard will also inform the SECURITY with waterway users has indicated no
users of the waterways through our objection to the proposed closure of the
Local and Broadcast Notices to Mariners Coast Guard draw. Vessels that can pass under the
and through direct outreach to local bridge without an opening may do so at
harbors, marinas, and water-based 33 CFR Part 117 all times. The bridge will not be able to
business of the temporary change in the open for emergencies. There is no
[Docket No. USCG–2018–0111] alternate route for vessels to pass.
operating schedule for the bridge so that
vessel operators can arrange their The Coast Guard will also inform the
Drawbridge Operation Regulation; users of the waterways through our
transits to minimize any impact caused Passaic River, Harrison, NJ
by the temporary deviation. Local and Broadcast Notices to Mariners
In accordance with 33 CFR 117.35(e), AGENCY: Coast Guard, DHS. of the change in operating schedule for
the drawbridge must return to its regular ACTION:Notice of deviation from the bridge so that vessel operators can
operating schedule immediately at the drawbridge regulation. arrange their transits to minimize any
end of the effective period of this impact caused by the temporary
temporary deviation. This deviation SUMMARY: The Coast Guard has issued a deviation.
from the operating regulations is temporary deviation from the operating In accordance with 33 CFR 117.35(e),
authorized under 33 CFR 117.35. schedule that governs the Route 280 the drawbridge must return to its regular
Bridge across the Passaic River, mile operating schedule immediately at the
II. Public Participation and Request for 5.8, at Harrison, New Jersey. The end of the effective period of this
Comments deviation is necessary to perform work temporary deviation. This deviation
We view public participation as on the switch gear power source of the from the operating regulations is
essential to effective rulemaking, and bridge. This deviation allows the bridge authorized under 33 CFR 117.35.
will consider all comments and to undergo necessary maintenance for Dated: February 27, 2018.
materials received during the comment Route 21 interchange improvements. Christopher J. Bisignano,
period. Your comments can help shape This deviation allows the bridge to Supervisory Bridge Management Specialist,
the outcome of this rulemaking. If you remain closed during the maintenance First Coast Guard District.
submit a comment, please include the period. [FR Doc. 2018–04249 Filed 3–1–18; 8:45 am]
docket number for this rulemaking, DATES: This deviation is effective from BILLING CODE 9110–04–P
indicate the specific section of this 12:01 a.m. on March 1, 2018, until 11:59
document to which each comment p.m. on March 7, 2018.
applies, and provide a reason for each DEPARTMENT OF HOMELAND
suggestion or recommendation. ADDRESSES: The docket for this
deviation, USCG–2018–0111, is SECURITY
We encourage you to submit
comments through the Federal available at http://www.regulations.gov.
Coast Guard
eRulemaking Portal at http:// Type the docket number in the
www.regulations.gov. If your material ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
33 CFR Part 117
Click on Open Docket Folder on the line
daltland on DSKBBV9HB2PROD with RULES
cannot be submitted using http://
www.regulations.gov, contact the person associated with this deviation.
[Docket No. USCG–2018–0031]
in the FOR FURTHER INFORMATION FOR FURTHER INFORMATION CONTACT: If
CONTACT section of this document for you have questions on this temporary Drawbridge Operation Regulation;
alternate instructions. deviation, call or email Judy K. Leung- Curtis Creek, Baltimore, MD
We accept anonymous comments. All Yee, Bridge Management Specialist,
comments received will be posted First District Bridge Branch, U.S. Coast AGENCY: Coast Guard, DHS.
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Document Created: 2018-03-01 23:56:34
Document Modified: 2018-03-01 23:56:34
| 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 temporary deviation from regulations; request for comments. | |
| Dates | This deviation is effective from 6 a.m. on March 19, 2018 to 6 a.m. on June 17, 2018. | |
| Contact | If you have questions on this test 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 8936 |
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