Drawbridge Operation Regulation; Petaluma River, Haystack Landing (Petaluma), CA, 56699-56701 [2019-23046]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Rules and Regulations
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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is changing
the operating schedule that governs the
Northwestern Pacific (SMART) railroad
bridge across the Petaluma River, mile
12.4, at Haystack Landing (Petaluma),
CA. The change is necessary to help
coordinate vessel passage with
commuter rail traffic. The schedule
change would require vessels to provide
a 30-minute advance notification for
drawspan openings.
DATES: This rule is effective November
22, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2018–0091 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 Carl T. Hausner, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone 510–437–3516; email
Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IAW In Accordance With
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
SMART Sonoma-Marin Area Rail Transit
U.S.C. United States Code
II. Background Information and
Regulatory History
On March 27, 2019, the Coast Guard
published a notice of proposed rule
making (NPRM) entitled ‘‘Drawbridge
Operation Regulation; Petaluma River,
Haystack Landing (Petaluma), CA’’ in
the Federal Register (84 FR 10745).
Further, on March 22, 2019,
Commander (dpw), Eleventh Coast
Guard District mailed notification of the
NPRM to 33 interested parties that
VerDate Sep<11>2014
17:13 Oct 22, 2019
Jkt 250001
regularily use the Petaluma River and
published a notification of the NPRM in
the Local Notice to Mariners, No. 13/19.
The Coast Guard received no comments
on this proposed rule.
On March 2, 2018, the Coast Guard
published a temporary deviation from
the operating schedule entitled
‘‘Drawbridge Operation Regulation;
Petaluma River, Haystack Landing
(Petaluma), CA’’ in the Federal Register
(83 FR 8936). The March 2, 2018
proposed change to the bridge operating
schedule was tested to determine
whether a permanent change was
warranted to allow the draw to open as
follows:
The draw shall open on signal from 6
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 opened position, except for the
passage of trains or maintenance.
Five comments were received in
response to the first test deviation. Four
of the five comments submitted
addressed the 2-hour advance
notificiation. The commenters stated
that the lengthly advance notification
would be a burden on waterway users.
On August 13, 2018, the Coast Guard
published a second temporary deviation
from the operating schedule entitled
‘‘Drawbridge Operation Regulation;
Petaluma River, Haystack Landing
(Petaluma), CA’’ in the Federal Register
(83 FR 39879). The August 13, 2018
proposed change to the bridge operating
schedule was tested to determine
whether an alternative permanent
change, from the March 2, 2018 test
deviation, was warranted to allow the
draw to open as follows:
The draw shall open on signal from 6
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 opened position,
except for the passage of trains or
maintenance.
Two comments were received in
response to 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499. The
Northwestern Pacific (SMART) railroad
bridge across the Petaluma River, mile
12.4, at Haystack Landing (Petaluma),
CA is a single leaf bascule bridge which
provides 3.6 feet of vertical navigational
clearance at Mean High Water in the
closed-to-navigation position and
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
56699
unlimited vertical clearance in the fully
opened position. IAW 33 CFR
117.187(a); The draw of the
Northwestern Pacific (SMART) railroad
bridge, mile 12.4, at Haystack Landing
(Petaluma), shall be maintained in the
fully open position, except for the
crossing of trains or for maintenance.
When the draw is closed and visibility
is 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 drawthender shall sound
three short blasts.
On October 22, 2015, SMART
requested the Coast Guard consider
changing the operating schedule due to
the commencement of commuter rail
service on a previously rarely used rail
line. Due to an increase in communter
rail traffic, SMART requested the
drawspan remain in the closed-tonavigation position during commute
hours to avoid unnecessary bridge
openings and that vessels provide an
advance notification to the bridge tender
for an opening during these hours. Two
test deviations were conducted to
determine if the proposed operation
regulation change would meet the
reasonable needs of navigation while
benefiting land traffic. It was
determined that a 30-minute advance
notification would meet the reasonable
needs of navigation while benefiting
commuter rail traffic. The Petaluma
River supports commercial and
recreational traffic. Currently 32
commuter trains cross the bridge each
day. Commercial waterway traffic on the
river has decreased in the last year due
to an upstream tug and barge company
moving their base of operation down
river, east of the bridge.
IV. Discussion of Comments, Changes
and the Final Rule
The preceding NPRM the Coast Guard
issued provided a comment period of 90
days and no comments were received.
The Final Rule would require the bridge
to open on signal for vessels from 3 a.m.
to 11 p.m. when a 30-minute
notification is given to the drawtender.
At all other times the bridge would be
maintained in the open-to-navigation
postion except for the crossing of trains
or for maintenance. This Final Rule
would meet the reasonable needs of
navigation while benefiting commuter
rail transportation and would reduce
wear and tear on the drawspan. In a
related matter, SMART also owns the
E:\FR\FM\23OCR1.SGM
23OCR1
56700
Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Rules and Regulations
Blackpoint railroad bridge, mile 0.8,
over the Petaluma River. This Final Rule
would change the names of both the
Northwestern Pacific railroad bridge,
mile 0.8, at Blackpoint and the
Northwestern Pacifc railroad bridge,
mile 12.4, at Haystack Landing
(Petaluma) in the regulations to reflect
that ownership.
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 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 received no 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. 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
VerDate Sep<11>2014
16:04 Oct 22, 2019
Jkt 250001
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
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. The
Coast Guard received no comments on
this this section. If you believe this rule
has implications for federalism or
Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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. The Coast
Guard received no comments on this
section.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, U.S.
Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and
U.S. Coast Guard Environmental
Planning Implementation Procedures
(series) which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f). We
have made a determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This rule promulgates the
operating regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
paragraph L49, of Chapter 3, Table 3–1
of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are 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
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.
E:\FR\FM\23OCR1.SGM
23OCR1
Federal Register / Vol. 84, No. 205 / Wednesday, October 23, 2019 / Rules and Regulations
■
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: October 15, 2019.
Peter W. Gautier,
Rear Admiral, U.S. Coast Guard, Commander,
Eleventh Coast Guard District.
[FR Doc. 2019–23046 Filed 10–22–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2019–0714]
Drawbridge Operation Regulation; New
River, Fort Lauderdale, FL
Coast Guard, DHS.
Notice of temporary deviation
from drawbridge regulation;
modification.
AGENCY:
ACTION:
The Coast Guard has modified
a temporary deviation from the
operating schedule that governs the
Florida East Coast Railway (FECR)
Railroad Bridge across the New River,
mile 2.5, at Fort Lauderdale, Florida.
This modified deviation extends the
period the bridge may operate under the
SUMMARY:
VerDate Sep<11>2014
16:04 Oct 22, 2019
Jkt 250001
test deviation to the drawbridge
operation schedule. This modification
will allow for ongoing negotiations
between the railroad and maritime
stakeholders as the parties discuss a
final rule that reasonably meets the
needs of both modes of transportation.
DATES: This deviation is effective
without actual notice from October 23,
2019 through 11:59 p.m. on December
31, 2019. For the purposes of
enforcement, actual notice will be used
from 12:01 a.m. on October 19, 2019,
through October 23, 2019.
ADDRESSES: The docket for this
deviation, USCG–2019–0714, is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this modified test
deviation, call or email LT Samuel
Rodriguez-Gonzalez, U.S. Coast Guard,
Sector Miami Waterways Management
Division; telephone 305–535–4307,
email Samuel.Rodriguez-Gonzalez@
uscg.mil.
The
Florida East Coast Railway (FECR)
Railroad Bridge across the New River,
mile 2.5, at Fort Lauderdale, Florida is
a single-leaf bascule railroad bridge with
a 4 foot vertical clearance at mean high
water in the closed position. The normal
operating schedule for the bridge is
found in 33 CFR 117.313(c). Navigation
on the waterway is commercial and
recreational.
On August 21, 2019, the Coast Guard
published a temporary test deviation
entitled ‘‘Drawbridge Operation
Regulation; New River, Fort Lauderdale,
FL’’ in the Federal Register (84 FR
43501). That temporary deviation,
effective from 12:01 a.m. on August 20,
2019, to 11:59 p.m. on October 18, 2019,
allowed for testing a change to the
drawbridge operation schedule to
determine whether a permanent change
to the schedule is needed. The bridge
owner, FECR, has requested the
currently published deviation be
extended through 11:59 p.m. on
December 31, 2019.
This extension of time is necessary to
accommodate ongoing negotiations
between interested parties to discuss a
Final Rule that reasonably meets the
needs of both the railroad and maritime
industries.
The draw shall operate as follows
from 12:01 a.m. on October 19, 2019, to
11:59 p.m. on December 31, 2019:
(1) The bridge shall be constantly
tended.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00029
Fmt 4700
Sfmt 9990
56701
(2) The bridge tender will utilize a
VHF–FM radio to communicate on
channels 9 and 16 and may be contacted
by telephone at 305–889–5572.
(3) Signs will be posted displaying
VHF radio contact information and
telephone numbers for the bridge tender
and dispatch. A countdown clock giving
notice of time remaining before bridge
closure shall remain at the bridge site
and must be visible for maritime traffic.
(4) A bridge log will be maintained
including, at a minimum, bridge
opening and closing times.
(5) When the draw is in the fully open
position, green lights will be displayed
to indicate that vessels may pass.
(6) When a train approaches, the
lights go to flashing red then the draw
lowers and locks.
(7) After the train has cleared the
bridge, the draw opens and the lights
return to green.
(8) The bridge shall not be closed
more than 60 minutes combined in each
consecutive 120-minute block of time
beginning at 12:01 a.m. each day. At no
time will the bridge be closed to
navigation for more than 60 consecutive
minutes of time.
(9) The bridge shall remain open to
maritime traffic when trains are not
crossing.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will be able to
open for emergencies and there is no
immediate alternate route for vessels to
pass. The Coast Guard will also inform
the users of the waterways through
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: October 17, 2019.
Barry Dragon,
Director, Bridge Branch, Seventh Coast Guard
District.
[FR Doc. 2019–23047 Filed 10–22–19; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\23OCR1.SGM
23OCR1
]]>Agencies
[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Rules and Regulations]
[Pages 56699-56701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23046]
[[Page 56699]]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the operating schedule that
governs the Northwestern Pacific (SMART) railroad bridge across the
Petaluma River, mile 12.4, at Haystack Landing (Petaluma), CA. The
change is necessary to help coordinate vessel passage with commuter
rail traffic. The schedule change would require vessels to provide a
30-minute advance notification for drawspan openings.
DATES: This rule is effective November 22, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2018-0091 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 Carl T. Hausner, Chief, Bridge Section, Eleventh Coast
Guard District; telephone 510-437-3516; email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IAW In Accordance With
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
SMART Sonoma-Marin Area Rail Transit
U.S.C. United States Code
II. Background Information and Regulatory History
On March 27, 2019, the Coast Guard published a notice of proposed
rule making (NPRM) entitled ``Drawbridge Operation Regulation; Petaluma
River, Haystack Landing (Petaluma), CA'' in the Federal Register (84 FR
10745). Further, on March 22, 2019, Commander (dpw), Eleventh Coast
Guard District mailed notification of the NPRM to 33 interested parties
that regularily use the Petaluma River and published a notification of
the NPRM in the Local Notice to Mariners, No. 13/19. The Coast Guard
received no comments on this proposed rule.
On March 2, 2018, the Coast Guard published a temporary deviation
from the operating schedule entitled ``Drawbridge Operation Regulation;
Petaluma River, Haystack Landing (Petaluma), CA'' in the Federal
Register (83 FR 8936). The March 2, 2018 proposed change to the bridge
operating schedule was tested to determine whether a permanent change
was warranted to allow the draw to open as follows:
The draw shall open on signal from 6 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 opened position, except for the
passage of trains or maintenance.
Five comments were received in response to the first test
deviation. Four of the five comments submitted addressed the 2-hour
advance notificiation. The commenters stated that the lengthly advance
notification would be a burden on waterway users.
On August 13, 2018, the Coast Guard published a second temporary
deviation from the operating schedule entitled ``Drawbridge Operation
Regulation; Petaluma River, Haystack Landing (Petaluma), CA'' in the
Federal Register (83 FR 39879). The August 13, 2018 proposed change to
the bridge operating schedule was tested to determine whether an
alternative permanent change, from the March 2, 2018 test deviation,
was warranted to allow the draw to open as follows:
The draw shall open on signal from 6 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 opened position, except for the
passage of trains or maintenance.
Two comments were received in response to 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Northwestern Pacific (SMART) railroad bridge across the Petaluma
River, mile 12.4, at Haystack Landing (Petaluma), CA is a single leaf
bascule bridge which provides 3.6 feet of vertical navigational
clearance at Mean High Water in the closed-to-navigation position and
unlimited vertical clearance in the fully opened position. IAW 33 CFR
117.187(a); The draw of the Northwestern Pacific (SMART) railroad
bridge, mile 12.4, at Haystack Landing (Petaluma), shall be maintained
in the fully open position, except for the crossing of trains or for
maintenance. When the draw is closed and visibility is 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 drawthender shall sound three short blasts.
On October 22, 2015, SMART requested the Coast Guard consider
changing the operating schedule due to the commencement of commuter
rail service on a previously rarely used rail line. Due to an increase
in communter rail traffic, SMART requested the drawspan remain in the
closed-to-navigation position during commute hours to avoid unnecessary
bridge openings and that vessels provide an advance notification to the
bridge tender for an opening during these hours. Two test deviations
were conducted to determine if the proposed operation regulation change
would meet the reasonable needs of navigation while benefiting land
traffic. It was determined that a 30-minute advance notification would
meet the reasonable needs of navigation while benefiting commuter rail
traffic. The Petaluma River supports commercial and recreational
traffic. Currently 32 commuter trains cross the bridge each day.
Commercial waterway traffic on the river has decreased in the last year
due to an upstream tug and barge company moving their base of operation
down river, east of the bridge.
IV. Discussion of Comments, Changes and the Final Rule
The preceding NPRM the Coast Guard issued provided a comment period
of 90 days and no comments were received. The Final Rule would require
the bridge to open on signal for vessels from 3 a.m. to 11 p.m. when a
30-minute notification is given to the drawtender. At all other times
the bridge would be maintained in the open-to-navigation postion except
for the crossing of trains or for maintenance. This Final Rule would
meet the reasonable needs of navigation while benefiting commuter rail
transportation and would reduce wear and tear on the drawspan. In a
related matter, SMART also owns the
[[Page 56700]]
Blackpoint railroad bridge, mile 0.8, over the Petaluma River. This
Final Rule would change the names of both the Northwestern Pacific
railroad bridge, mile 0.8, at Blackpoint and the Northwestern Pacifc
railroad bridge, mile 12.4, at Haystack Landing (Petaluma) in the
regulations to reflect that ownership.
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 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 received no 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. 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 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. The
Coast Guard received no comments on this this section. If you believe
this rule has implications for federalism or Indian tribes, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble. The Coast Guard received no comments on this section.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, U.S. Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental
Planning Implementation Procedures (series) which guide the Coast Guard
in complying with the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321-4370f). We have made a determination that this action
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule promulgates the operating regulations or procedures for
drawbridges. This action is categorically excluded from further review,
under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard
Environmental Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are 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; Department of Homeland
Security Delegation No. 0170.1.
[[Page 56701]]
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: October 15, 2019.
Peter W. Gautier,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2019-23046 Filed 10-22-19; 8:45 am]
BILLING CODE 9110-04-P
