[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]



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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: Final rule.

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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 http://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: 

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

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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.


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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


