Drawbridge Operation Regulation; Petaluma River, Haystack Landing (Petaluma), CA, 10745-10747 [2019-05481]
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Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Proposed Rules
qualification of formaldehyde emission
levels.
(d) Panel label. Manufactured homes
must use panels or bundles of panels
that are labeled by a panel producer
consistent with the labeling
requirements at 40 CFR 770.45.
(e) Finished good certification label.
Each manufactured home must be
provided with a finished good
certification label indicating that the
home has been produced with
composite wood products, or finished
goods that contain composite wood
products, that comply with the
formaldehyde emission requirements of
this Part 3280 and 40 CFR part 770
consistent with § 3280.5(i).
(f) Non-complying lots. Composite
wood products from non-complying lots
(i.e., lots that exceed the applicable
formaldehyde ppm) are not certified
composite wood products and may not
be used in manufactured homes except
in accordance with section 40 CFR
770.22.
(g) Stockpiling. The use of stockpiled
inventory of composite wood products,
whether in the form of panels or
incorporated into component parts or
finished goods, in manufactured homes,
is prohibited in accordance with EPA
regulations at 40 CFR 770.12(b) through
(d).
(h) Third Party Certification. All
composite wood products in paragraph
(b) of this section must be certified by
an agency or organization that has been
recognized to participate in the EPA
TSCA Title VI Third Party Certification
Program.
§ 3280.309
[Removed]
4. Remove § 3280.309.
5. Revise § 3280.406 to read as
follows:
■
■
§ 3280.406 Air chamber test methods for
certification and continuing qualification of
formaldehyde emission levels.
(a) Definitions. For purposes of
§ 3280.406, the definitions found in 40
CFR 770.3 apply.
(b) Testing requirements. Testing of
panels made of hardwood plywood
made with a veneer core or composite
core, medium density fiberboard, thin
medium density fiberboard, and
particleboard for compliance with
§ 3280.308(b) must be performed
pursuant to the general requirements of
40 CFR 770.20(a) and (b), for
certification testing, pursuant to one of
the air chamber test methods specified
in 40 CFR 770.15, and, for quarterly
testing, pursuant to one of the air
chamber test methods specified in 40
CFR 770.20(c).
(c) Samples for testing. Samples for
testing not produced in the United
VerDate Sep<11>2014
16:46 Mar 21, 2019
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States, but shipped into and transported
across the United States for quality
control or quarterly testing, must
comply with 40 CFR 770.24.
■ 6. Add § 3280.407 to read as follows:
§ 3280.407 Quality control testing,
manuals, facilities, and personnel.
(a) Definitions. For purposes of this
section, the definitions found in 40 CFR
770.3 apply.
(b) Quality control testing. Quality
control testing is required for hardwood
plywood made with a veneer core or
composite core, medium density
fiberboard, thin medium density
fiberboard, and particleboard must be
performed in accordance with the
general requirements in 40 CFR
770.20(a) and by one of the test methods
and at the frequency specified in 40 CFR
770.20(b). Panels being tested with an
equivalence, correlation or alternative
method must ensure compliance with
the requirements of 40 CFR 770.20(d).
(c) Quality control manuals, facilities,
and personnel. A panel producer must
have a written quality control manual,
must designate a quality control facility
for conducting quality control
formaldehyde testing under this section,
and must designate a person as quality
control manager with adequate
experience and/or training to be
responsible for formaldehyde emissions
quality control consistent with 40 CFR
770.21. A panel producer means a
manufacturing plant or other facility
that manufactures (excluding facilities
that solely import products) composite
wood products (hardwood plywood
made with a veneer or composite core,
medium-density fiberboard and
particleboard) on the premises.
PART 3282—MANUFACTURED HOME
PROCEDURAL AND ENFORCEMENT
REGULATIONS
7. The authority citation for part 3282
is revised to read as follows:
■
Authority: 15 U.S.C. 2697, 42 U.S.C.
3535(d), 5403, and 5424.
8. In § 3282.7, add the definition
‘‘finished good’’, in alphabetical order,
to read as follows:
■
§ 3282.7
Definitions.
*
*
*
*
*
Finished good has the meaning
provided in 40 CFR 770.3.
*
*
*
*
*
■ 9. Add § 3282.212 to read as follows:
§ 3282.212
TSCA Title VI Requirements.
Manufacturers must maintain bills of
lading, invoices or comparable
documents that include a written
statement from the supplier that the
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10745
component or finished goods are TSCA
Title VI compliant for a minimum of 3
years from the date of import, purchase,
or shipment, consistent with 40 CFR
770.30(c) and 40 CFR 770.40.
■ 10. Add § 3282.257 to read as follows:
§ 3282.257
TSCA Title VI Requirements.
Retailers and distributors must
maintain bills of lading, invoices or
comparable documents that include a
written statement from the supplier that
the component or finished goods are
TSCA Title VI compliant for a minimum
of 3 years from the date of import,
purchase or shipment, consistent with
40 CFR 770.30(c) and 40 CFR 770.40.
Dated: March 13, 2019.
Brian D. Montgomery,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2019–05174 Filed 3–21–19; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0091]
RIN 1625–AA09
Drawbridge Operation Regulation;
Petaluma River, Haystack Landing
(Petaluma), CA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
change the operating schedule that
governs the Northwestern Pacific
(SMART) railroad bridge across the
Petaluma River, mile 12.4, at Haystack
Landing (Petaluma), CA. This action is
necessary to coordinate vessel passage
with the commencement of commuter
rail traffic on a previously rarely used
rail line and to reduce wear and tear of
the drawspan. The proposed rulemaking
would require vessels to provide a 30minute advance notification for a bridge
opening.
DATES: Comments and related material
must reach the Coast Guard on or before
June 20, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0091 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
SUMMARY:
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Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Proposed Rules
If
you have questions on this proposed
rule, 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:
FOR FURTHER INFORMATION CONTACT:
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)
SMART Sonoma-Marin Area Rail Transit
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
In 2015, the 1903 Northwestern
Pacific (SMART) Swing Bridge across
the Petaluma River, mile 12.4, at
Haystack (Petaluma), CA was replaced
with a single leaf bascule bridge in
anticipation of the commencement of
commuter rail traffic. The replacement
bridge provides 87 feet of horizontal
clearance fender-to-fender normal to the
axis (centerline) of the channel and a
vertical clearance of 3.6 feet at Mean
High Water when closed and unlimited
vertical clearance in the fully opened
position.
Presently, in accordance with 33 CFR
117.187(a), the Northwestern Pacific
(SMART) bridge shall be maintained in
the fully opened position, except for the
crossing of trains or for maintenance.
Currently 32 commuter trains cross the
bridge each day. Due to an increase in
said rail traffic, SMART has requested
the drawspan remain in the closed-tonavigation position during commute
hours to avoid unnecessary bridge
openings. The Petaluma River supports
commercial and recreational vessel
traffic.
On October 22, 2015, SMART
requested the Coast Guard consider
changing the operating schedule of the
drawspan to allow coordination of
vessel passage with the commencement
of commuter rail traffic on a previously
rarely used rail line and to reduce wear
and tear of the drawspan. The request
would require vessels to provide an
advance notice to the bridge tender for
a bridge opening. Two test deviations
were conducted to determine if a
proposed operation regulation change
would meet the reasonable needs of
navigation while benefiting land traffic.
The first test deviation was conducted
March 19, 2018 through June 17, 2018
(83 FR 8936) and required vessels to
provide a 2-hour advance notice to the
drawtender for a bridge opening. The
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Jkt 247001
Coast Guard received five public
comments during the first test deviation.
After reviewing four comments and the
drawtender logs, the Coast Guard
determined the 2-hour advance
notification would be an undue burden
on waterway users and that a 30-minute
advance notification may meet the
reasonable needs of navigation while
benefiting land traffic. The fifth
comment was directed at the structural
deficiency of a number of dams in the
United States and was not pertinent to
the test deviation. A second test
deviation was conducted August 20,
2018 through October 18, 2018 (83 FR
39879) and required vessels to provide
a 30-minute advance notice to the
drawtender for a bridge opening. The
Coast Guard received two comments
during the second test deviation. The
first comment was directed at future
navigation on the Petaluma River and
did not address the efficiency of the 30minute notice and the second comment
was unrelated to the test deviation.
After reviewing the two comments and
the drawtender logs, the Coast Guard
determined a 30-minute advance notice
to the drawtender for a bridge opening
would meet the reasonable needs of
navigation while benefiting land traffic.
III. Discussion of Proposed Rule
The Coast Guard proposes to change
the operating schedule that governs the
Northwestern Pacific (SMART) Bridge
across the Petaluma River, mile 12.4, at
Haystack (Petaluma), CA.
This proposed rule would implement
regulations for the bridge to open on
signal from 3 a.m. to 11 p.m. when a 30minute notification is given to the
drawtender. At all other times the
bridge will be maintained in the fully
open-to-navigation position except for
the crossing of trains or for
maintenance.
This proposed rule change would
meet the reasonable needs of navigation
while benefiting commuter rail
transportation and would reduce wear
and tear of the drawspan.
In a related matter, SMART also owns
the Blackpoint railroad bridge, mile 0.8,
over the Petaluma River. This proposed
rule would change the names of both
the Northwestern Pacific railroad
bridge, mile 0.8, at Blackpoint and the
Northwestern Pacific railroad bridge,
mile 12.4, at Haystack Landing
(Petaluma) in the regulations to reflect
that ownership.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
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based on these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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 ability that vessels can
still transit the bridge given advanced
notice.
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 certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact 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 IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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
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Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Proposed Rules
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would call 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
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
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guides the Coast
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16:46 Mar 21, 2019
Jkt 247001
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary 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 proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under figure 2–1, paragraph
(32)(e), of the Instruction.
A preliminary Record of
Environmental Consideration and a
Memorandum for the Record are not
required for this proposed rule. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment 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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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 https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacynotice.
Documents mentioned in this NPRM
as being available in this docket and all
public comments, will be in our online
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10747
docket at https://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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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.
■
2. Revise § 117.187 to read as follows:
§ 117.187
Petaluma River
(a) The draw of the SMART
Blackpoint railroad bridge, mile 0.8, at
Blackpoint, shall be maintained in the
fully open position, except for the
crossing of trains or for maintenance.
When the draw is closed and visibility
from the drawtender’s station is less
than one mile up or down the channel,
the drawtender shall sound two long
blasts every minute. When the draw is
reopened, the drawtender shall sound
three short blasts.
(b) The draw of the SMART Haystack
Landing railroad bridge, mile 12.4 at
Petaluma, 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 crossing of trains or for
maintenance. When the draw is closed
and visibility from the drawtender’s
station is less than one mile up or down
the channel, the drawtender shall sound
two long blasts every minute. When the
draw is reopened, the drawtender shall
sound three short blasts.
(c) The draw of the Petaluma highway
bridge at ‘‘D’’ Street, mile 13.7, at
Petaluma, shall open on signal if at least
four hours notice is given for openings
from 6 a.m. to 6 p.m., and if at least 24
hours notice is given for openings from
6 p.m. to 6 a.m.
Dated: March 7, 2019.
James B. Pruett,
Captain, U.S. Coast Guard, Acting
Commander, Eleventh Coast Guard District.
[FR Doc. 2019–05481 Filed 3–21–19; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Proposed Rules]
[Pages 10745-10747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05481]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2018-0091]
RIN 1625-AA09
Drawbridge Operation Regulation; Petaluma River, Haystack Landing
(Petaluma), CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the Northwestern Pacific (SMART) railroad bridge across the
Petaluma River, mile 12.4, at Haystack Landing (Petaluma), CA. This
action is necessary to coordinate vessel passage with the commencement
of commuter rail traffic on a previously rarely used rail line and to
reduce wear and tear of the drawspan. The proposed rulemaking would
require vessels to provide a 30-minute advance notification for a
bridge opening.
DATES: Comments and related material must reach the Coast Guard on or
before June 20, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0091 using Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for
instructions on submitting comments.
[[Page 10746]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, 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. 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)
SMART Sonoma-Marin Area Rail Transit
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
In 2015, the 1903 Northwestern Pacific (SMART) Swing Bridge across
the Petaluma River, mile 12.4, at Haystack (Petaluma), CA was replaced
with a single leaf bascule bridge in anticipation of the commencement
of commuter rail traffic. The replacement bridge provides 87 feet of
horizontal clearance fender-to-fender normal to the axis (centerline)
of the channel and a vertical clearance of 3.6 feet at Mean High Water
when closed and unlimited vertical clearance in the fully opened
position.
Presently, in accordance with 33 CFR 117.187(a), the Northwestern
Pacific (SMART) bridge shall be maintained in the fully opened
position, except for the crossing of trains or for maintenance.
Currently 32 commuter trains cross the bridge each day. Due to an
increase in said rail traffic, SMART has requested the drawspan remain
in the closed-to-navigation position during commute hours to avoid
unnecessary bridge openings. The Petaluma River supports commercial and
recreational vessel traffic.
On October 22, 2015, SMART requested the Coast Guard consider
changing the operating schedule of the drawspan to allow coordination
of vessel passage with the commencement of commuter rail traffic on a
previously rarely used rail line and to reduce wear and tear of the
drawspan. The request would require vessels to provide an advance
notice to the bridge tender for a bridge opening. Two test deviations
were conducted to determine if a proposed operation regulation change
would meet the reasonable needs of navigation while benefiting land
traffic. The first test deviation was conducted March 19, 2018 through
June 17, 2018 (83 FR 8936) and required vessels to provide a 2-hour
advance notice to the drawtender for a bridge opening. The Coast Guard
received five public comments during the first test deviation. After
reviewing four comments and the drawtender logs, the Coast Guard
determined the 2-hour advance notification would be an undue burden on
waterway users and that a 30-minute advance notification may meet the
reasonable needs of navigation while benefiting land traffic. The fifth
comment was directed at the structural deficiency of a number of dams
in the United States and was not pertinent to the test deviation. A
second test deviation was conducted August 20, 2018 through October 18,
2018 (83 FR 39879) and required vessels to provide a 30-minute advance
notice to the drawtender for a bridge opening. The Coast Guard received
two comments during the second test deviation. The first comment was
directed at future navigation on the Petaluma River and did not address
the efficiency of the 30-minute notice and the second comment was
unrelated to the test deviation. After reviewing the two comments and
the drawtender logs, the Coast Guard determined a 30-minute advance
notice to the drawtender for a bridge opening would meet the reasonable
needs of navigation while benefiting land traffic.
III. Discussion of Proposed Rule
The Coast Guard proposes to change the operating schedule that
governs the Northwestern Pacific (SMART) Bridge across the Petaluma
River, mile 12.4, at Haystack (Petaluma), CA.
This proposed rule would implement regulations for the bridge to
open on signal from 3 a.m. to 11 p.m. when a 30-minute notification is
given to the drawtender. At all other times the bridge will be
maintained in the fully open-to-navigation position except for the
crossing of trains or for maintenance.
This proposed rule change would meet the reasonable needs of
navigation while benefiting commuter rail transportation and would
reduce wear and tear of the drawspan.
In a related matter, SMART also owns the Blackpoint railroad
bridge, mile 0.8, over the Petaluma River. This proposed rule would
change the names of both the Northwestern Pacific railroad bridge, mile
0.8, at Blackpoint and the Northwestern Pacific railroad bridge, mile
12.4, at Haystack Landing (Petaluma) in the regulations to reflect that
ownership.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 ability that
vessels can still transit the bridge given advanced notice.
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 certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact 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 IV.A above this proposed rule would not have
a significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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
[[Page 10747]]
listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard
will not retaliate against small entities that question or complain
about this proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would call 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 preliminary 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 proposed rule simply promulgates
the operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under figure 2-
1, paragraph (32)(e), of the Instruction.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this proposed rule. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment 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 https://www.regulations.gov. If your material cannot be
submitted using https://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 https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacynotice.
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. Revise Sec. 117.187 to read as follows:
Sec. 117.187 Petaluma River
(a) The draw of the SMART Blackpoint railroad bridge, mile 0.8, at
Blackpoint, shall be maintained in the fully open position, except for
the crossing of trains or for maintenance. When the draw is closed and
visibility from the drawtender's station is less than one mile up or
down the channel, the drawtender shall sound two long blasts every
minute. When the draw is reopened, the drawtender shall sound three
short blasts.
(b) The draw of the SMART Haystack Landing railroad bridge, mile
12.4 at Petaluma, 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
crossing of trains or for maintenance. When the draw is closed and
visibility from the drawtender's station is less than one mile up or
down the channel, the drawtender shall sound two long blasts every
minute. When the draw is reopened, the drawtender shall sound three
short blasts.
(c) The draw of the Petaluma highway bridge at ``D'' Street, mile
13.7, at Petaluma, shall open on signal if at least four hours notice
is given for openings from 6 a.m. to 6 p.m., and if at least 24 hours
notice is given for openings from 6 p.m. to 6 a.m.
Dated: March 7, 2019.
James B. Pruett,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard
District.
[FR Doc. 2019-05481 Filed 3-21-19; 8:45 am]
BILLING CODE 9110-04-P
