
[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]


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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.

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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 http://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

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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 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 NPRM 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.

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


