[Federal Register Volume 82, Number 218 (Tuesday, November 14, 2017)]
[Proposed Rules]
[Pages 52678-52680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24593]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-1015]
RIN 1625-AA09


Drawbridge Operation Regulation; China Basin, Mission Creek, San 
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily modify the operating 
schedule that governs the 3rd Street Bridge, across China Basin, 
Mission Creek, mile 0.0, at San Francisco, California. This action is 
necessary to allow the bridge owner, the City of San Francisco, to keep 
the drawspan in the closed-to-navigation position in order to conduct 
critical mechanical and structural rehabilitation over an estimated 18 
month period, scheduled to commence in February 2018. The temporary 
change to the regulations is expected to meet the reasonable needs of 
navigation on the waterway. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before December 14, 2017.

ADDRESSES:  You may submit comments identified by docket number USCG-
2017-1015 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Carl T. Hausner, Chief, Bridge Section, Eleventh 
Coast Guard District; telephone 510-437-3516; email 
<a href="/cdn-cgi/l/email-protection#cf8caebda3e19be187aebabca1aabd8fbabcaca8e1a2a6a3"><span class="__cf_email__" data-cfemail="703311021c5e245e381105031e150230050313175e1d191c">[email protected]</span></a>.

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)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On October 20, 2017, the City of San Francisco submitted a request 
to the Coast Guard to temporarily change the drawbridge operating 
schedule for the 3rd Street Bridge.
    The 3rd St Bridge at mile 0.0, across China Basin, Mission Creek, 
at the City of San Francisco, California, has a vertical clearance of 3 
feet at mean high water and 8 feet at mean low water. The waterway 
users are recreational, law enforcement, and search and rescue.
    The purpose of this proposed temporary rule is to allow the bridge 
owner to conduct critical mechanical and structural rehabilitation of 
the bridge. It is reported that the bridge is not structurally 
deficient; however, clear evidence of damaged and buckled steel members 
and other damage to the bridge and the trunnion mechanism have been 
identified. Without preventative maintenance, the damage will worsen 
and ultimately compromise the structural integrity of the bridge. The 
work will include blast cleaning and painting structural steel, 
replacing the bridge deck, repairing the fender systems, repairing the 
concrete counter weight, coating steel piles to inhibit corrosion, and 
repairing the bridge endlocks.
    The existing regulations in 33 CFR 117.149 require the bridge to 
open on signal if at least one hour notice is given.

III. Discussion of Proposed Rule

    The Coast Guard proposes to change the drawbridge operation 
regulations in 33 CFR 117.149 by temporarily modifying the regulation 
for the draw of the 3rd Street bridge. This proposed change will allow 
the bridge owner to secure the bridge in the closed-to-navigation 
position in order to conduct critical rehabilitation work on the 
bridge.
    China Basin, Mission Creek, is 0.64 miles in length with the 3rd 
Street Bridge at the mouth of the basin. Approximately 35 vessels are 
moored upstream of the bridge and require the drawspan to open in order 
to depart the basin into San Francisco Bay. The City of San Francisco 
has indicated that they will assist vessel owners in China Basin, 
Mission Creek, and find alternate moorings during the closure period. 
Vessels able to transit the bridge, while in the closed-to-navigation 
position, can continue to do so during the closure period.
    There are no alternative routes into China Basin, Mission Creek.
    In the event of an emergency, the bridge operator can open on 
signal if at least 45 days advance notice is given.

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 limited number 
of vessels impacted and the ability of those vessel owners, located 
upstream of the bridge, to receive assistance from the City of San 
Francisco in finding alternate moorings while the bridge is in the 
closed-to-navigation position. In addition, rehabilitation of the 
bridge is

[[Page 52679]]

needed to ensure the safety and continued operation of the drawspan. We 
believe that the proposed rule, in keeping the drawspan in the closed-
to-navigation position during the bridge's rehabilitation, would meet 
the reasonable needs of present and future navigation on the waterway.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 listed in the FOR FURTHER INFORMATION 
CONTACT. 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.

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 guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (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 paragraph 
32(e) of Figure 2-1 of Commandant Instruction M16475.1D. 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 Web site'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.


[[Page 52680]]



0
2. From February 28, 2018 to September 30, 2019 revise Sec.  117.149 to 
read as follows:


Sec.  117.149   China Basin, Mission Creek.

    (a) The draw of the 3rd Street bridge, mile 0.0, at San Francisco, 
need not be opened for the passage of vessels. The draw shall be 
returned to operable condition within 45 days after notification by the 
District Commander to do so.
    (b) The draw of the 4th Street bridge, mile 0.2, at San Francisco, 
shall open on signal if at least one hour notice is given.

     Dated: November 7, 2017.
Todd A. Sokalzuk,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2017-24593 Filed 11-13-17; 8:45 am]
 BILLING CODE 9110-04-P


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