Drawbridge Operation Regulation; Petaluma River, Haystack Landing (Petaluma), CA, 39879-39880 [2018-17234]

Download as PDF Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations non-binding guidance on Class III Minimum Internal Control Standards may be found at www.nigc.gov. ■ 3. Effective September 27, 2018, part 542 is stayed. Dated: July 18, 2018. Jonodev O. Chaudhuri, Chairman. Dated: July 18, 2018. Kathryn Isom-Clause, Vice Chair. [FR Doc. 2018–16254 Filed 8–10–18; 8:45 am] BILLING CODE 7565–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2018–0725] Special Local Regulations; Marine Events Within the Fifth Coast Guard District Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce special local regulations for the Baltimore Air Show from October 4, 2018, through October 7, 2018, to provide for the safety of life on navigable waterways during the event. Our regulation for marine events within the Fifth Coast Guard District identifies the regulated area for the event. During the enforcement period, the Coast Guard patrol commander or designated marine event patrol may forbid and control the movement of all vessels in the regulated area. DATES: The regulations in 33 CFR 100.501 will be enforced for the Baltimore Air Show regulated area listed in item b.23 in the table to § 100.501 from 11 a.m. through 5 p.m. on October 4, 2018, from 10:30 a.m. through 5 p.m. on October 5, 2018, from 11 a.m. through 5 p.m. on October 6, 2018, and from 11 a.m. through 5 p.m. on October 7, 2018. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Mr. Ron Houck, U.S. Coast Guard Sector Maryland-National Capital Region (WWM Division); telephone 410–576– 2674, email Ronald.L.Houck@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard was notified by the Historic Ships in Baltimore, Inc., on February 6, 2018, through submission of a marine event application that, due to a sradovich on DSK3GMQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:02 Aug 10, 2018 Jkt 244001 scheduling change, a change of dates is necessary to the dates previously published in the Code of Federal Regulations (CFR) for the biennially scheduled Baltimore Air Show, as listed in the table to 33 CFR 100.501. The date of the event for this year is changed to October 4, 2018, through October 7, 2018. The Coast Guard will enforce the special local regulations in 33 CFR 100.501 for the Baltimore Air Show regulated area from 11 a.m. through 5 p.m. on October 4, 2018, from 10:30 a.m. through 5 p.m. on October 5, 2018, from 11 a.m. through 5 p.m. on October 6, 2018, and from 11 a.m. through 5 p.m. on October 7, 2018. Our regulation for marine events within the Fifth Coast Guard District, § 100.501, specifies the location of the regulated area for the Baltimore Air Show, which encompasses portions of the Patapsco River, at Baltimore, MD. This action is being taken to provide for the safety of life on navigable waterways during the event. As specified in § 100.501(c), during the enforcement period, the Coast Guard patrol commander or designated marine event patrol may forbid and control the movement of all vessels in the regulated area. Vessel operators may request permission to enter and transit through a regulated area by contacting the Coast Guard patrol commander on VHF–FM channel 16. In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via the Local Notice to Mariners and marine information broadcasts. Dated: August 7, 2018. Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2018–17282 Filed 8–10–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2018–0091] Drawbridge Operation Regulation; Petaluma River, Haystack Landing (Petaluma), CA Coast Guard, DHS. Notice of temporary deviation from regulations; request for comments. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Northwestern SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 39879 Pacific (SMART) railroad bridge across the Petaluma River, mile 12.4, at Haystack Landing (Petaluma), CA. This deviation will be a second test of 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 August 20, 2018 to 6 a.m. on October 18, 2018. Comments and related materials must reach the Coast Guard on or before November 1, 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 Carl.T.Hausner@uscg.mil. SUPPLEMENTARY INFORMATION: I. Background, Purpose and Legal Basis On March 2, 2018, the Coast Guard published a Test Deviation entitled Petaluma River, Haystack Landing (Petaluma), CA in the Federal Register (83 FR 8936). We received five comments on this rule. Four of the five comments submitted, concerning the test deviation, addressed the 2-hour advance notification. The commenters stated that the lengthy advance notification would be a burden on waterway users. The fifth comment was directed at the structural deficiency of a number of dams in the United States; this comment is not pertinent to this deviation. 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-tonavigation position and unlimited vertical clearance in the open-tonavigation position, and currently operates under 33 CFR 117.187(a). The duration of this initial test deviation was 90 days. During this initial test, according to drawtender logs, 96 vessels requested openings and passed through the bridge. At no time was a 2-hour notice given to the E:\FR\FM\13AUR1.SGM 13AUR1 39880 Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES drawtender and in only one instance was a one-hour advance notice given. In all other instances, a notification of 30 minutes or less was given to the drawtender and the bridge opened for the passage of those vessels. The Coast Guard received five comments, via the Federal eRulemaking Portal, related to the initial test deviation. Four of the five comments indicated the 2-hour notice would be a burden on waterway users. In order to meet the reasonable needs of navigation, while benefiting rail transportation, the Coast Guard is publishing this alternate temporary deviation to the proposed schedule change 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 August 20, 2018 to 6 a.m. on October 18, 2018, the bridge shall open on signal from 3 a.m. to 11 p.m. if at least 30 minutes 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 any time. 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 VerDate Sep<11>2014 16:02 Aug 10, 2018 Jkt 244001 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 notice 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: August 7, 2018. Carl T. Hausner, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2018–17234 Filed 8–10–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2018–0512] RIN 1625–AA09 Drawbridge Operation Regulation; Chevron Oil Company Canal, Fourchon, LA Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is removing the existing drawbridge operation regulation for the State Route (SR) 3090 Bridge, mile 0.05, across the Chevron Oil Company Canal, at Fourchon, Lafourche Parish, LA. The drawbridge was removed in May 7, 2018 and the operating regulation is no longer applicable or necessary. DATES: This rule is effective August 13, 2018. SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2018– 0512. 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 Ms. Donna Gagliano, Bridge Branch Office, Eighth District, U.S. Coast Guard; telephone 504–671–2128, email Donna.Gagliano@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code SR State Road II. Background Information and Regulatory History The Coast Guard is issuing this final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the State Route (SR) 3090 Bridge, mile 0.05, across the Chevron Oil Company Canal, at Fourchon, Lafourche Parish, LA (SR 3090 Bridge), that once required draw operations in 33 CFR 117.437, was removed from the waterway. Therefore, the regulation is no longer applicable and shall be removed from publication. It is unnecessary to publish an NPRM because this regulatory action does not purport to place any restrictions on mariners but rather removes a restriction that has no further use or value. Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the preceding paragraph, the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. On May 7, 2018, the SR 3090 Bridge, mile 0.05, across the Chevron Oil E:\FR\FM\13AUR1.SGM 13AUR1

Agencies

[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Rules and Regulations]
[Pages 39879-39880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17234]


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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 be a second test of 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 August 20, 2018 to 6 
a.m. on October 18, 2018.
    Comments and related materials must reach the Coast Guard on or 
before November 1, 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

    On March 2, 2018, the Coast Guard published a Test Deviation 
entitled Petaluma River, Haystack Landing (Petaluma), CA in the Federal 
Register (83 FR 8936). We received five comments on this rule. Four of 
the five comments submitted, concerning the test deviation, addressed 
the 2-hour advance notification. The commenters stated that the lengthy 
advance notification would be a burden on waterway users. The fifth 
comment was directed at the structural deficiency of a number of dams 
in the United States; this comment is not pertinent to this deviation.
    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).
    The duration of this initial test deviation was 90 days. During 
this initial test, according to drawtender logs, 96 vessels requested 
openings and passed through the bridge. At no time was a 2-hour notice 
given to the

[[Page 39880]]

drawtender and in only one instance was a one-hour advance notice 
given. In all other instances, a notification of 30 minutes or less was 
given to the drawtender and the bridge opened for the passage of those 
vessels. The Coast Guard received five comments, via the Federal 
eRulemaking Portal, related to the initial test deviation. Four of the 
five comments indicated the 2-hour notice would be a burden on waterway 
users.
    In order to meet the reasonable needs of navigation, while 
benefiting rail transportation, the Coast Guard is publishing this 
alternate temporary deviation to the proposed schedule change 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 August 20, 
2018 to 6 a.m. on October 18, 2018, the bridge shall open on signal 
from 3 a.m. to 11 p.m. if at least 30 minutes 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 any time. 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 notice 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: August 7, 2018.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2018-17234 Filed 8-10-18; 8:45 am]
 BILLING CODE 9110-04-P