52678 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules 

by the Manager, Small Airplane Standards 

Branch, FAA; or the European Aviation 

Safety Agency (EASA). 

(i) Related Information 

Refer to MCAI AD No.: 2016–0233, dated 

November 23, 2016; Aeroclubul Romaniei 

Service Bulletin No.: SB–IS–28B2–AR–01, 

Revision 003, dated February 9, 2017, and 

Aeroclubul Romaniei Service Bulletin No.: 

SB–IS–28B2–AR–02, Revision 01, dated 

February 24, 2017. You may examine the 

MCAI on the Internet at http://

www.regulations.gov by searching for and 

locating Docket No. FAA–2017–1068. For 

service information related to this AD, 

contact Aeroclubul Romaniei, Bd.Lascar 

Catargiu, Nr.54, cod: 010673, Sector 1, 

Bucharest, Romania; telephone: 011+40 021– 

312–36–19; fax: 011+40 021–312–36–19; 

Internet: www.aeroclubulromaniei.ro; email: 

www.aeroclubulromaniei.ro/contact/. You 

may review this referenced service 

information at the FAA, Policy and 

Innovation Division, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, call 

(816) 329–4148. 

Issued in Kansas City, Missouri, on 

November 3, 2017. 

Melvin J. Johnson, 

Acting Deputy Director, Policy & Innovation 

Division, Aircraft Certification Service. 

[FR Doc. 2017–24500 Filed 11–13–17; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 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) 

§ 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-tonavigation 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 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules 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-tonavigation 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 

■ 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. 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
52680 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Proposed Rules 

■ 2. From February 28, 2018 to 

September 30, 2019 revise § 117.149 to 

read as follows: 

§ 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0935] 

RIN 1625–AA00 

Safety Zone; Delaware River; Marcus 

Hook, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

waters of the Delaware River between 

Marcus Hook Range and Tinicum 

Range. The safety zone will temporarily 

restrict vessel traffic from transiting or 

anchoring in portions of the Delaware 

River while rock blasting, dredging, and 

rock removal operations are being 

conducted to facilitate the Main 

Channel Deepening project for the 

Delaware River. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

hazards created by rock blasting, 

dredging, and rock removal operations. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) or his designated 

representatives. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before November 21, 2017. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2017–0935 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

rulemaking, call or email Petty Officer 

Amanda Boone, Waterways 

Management Branch, U.S. Coast Guard 

Sector Delaware Bay; telephone (215) 

271–4889, email Amanda.N.Boone@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

The Army Corps of Engineers notified 

the Coast Guard that Great Lakes 

Dredging and Dock Company will be 

conducting rock blasting, dredging, and 

rock removal operations, beginning 

November 30, 2017 through March 15, 

2018, to facilitate the deepening of the 

main navigational channel to the new 

project depth of 45 feet. The COTP has 

determined that potential hazards 

associated with rock blasting, dredging, 

and rock removal operations will be a 

safety concern for anyone within 500 

yards of the drill boat APACHE or 

dredges TEXAS and NEW YORK. 

The purpose of this proposed 

rulemaking is to ensure the safety of 

personnel, vessels, and the marine 

environment within a 500-yard radius of 

rock blasting, dredging, and rock 

removal operations. The Coast Guard 

proposes this rulemaking under 

authority in 33 U.S.C. 1231. 

III. Discussion of Proposed Rule 

This proposed rule would establish a 

safety zone from November 30, 2017 

through March 15, 2018. The safety 

zone will cover all navigable waters in 

the Delaware River within 500 yards of 

vessels and machinery being used by 

personnel to conduct rock blasting, 

dredging, and rock removal operations 

between Marcus Hook Range and 

Tinicum Range. The safety zone will be 

enforced in an area and in a manner that 

does not conflict with transiting 

commercial and recreational traffic, 

except for the short periods of time 

when explosive detonation are being 

conducted. The explosive detonation 

will not occur more than three times a 

day. At all other times, at least one side 

of the main navigational channel will be 

open for vessels to transit. 

The duration of the zone is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters while operations are being 

conducted. For the duration of the 

project, in the vicinity of the rock 

blasting, rock removal, and dredging 

operation, one side of the main 

navigational channel will be closed. 

Vessels wishing to transit the safety 

zone in the main navigational channel 

may do so if they can make satisfactory 

passing arrangements with drill boat 

APACHE or the dredges TEXAS and 

NEW YORK in accordance with the 

Navigational Rules in 33 CFR 

subchapter E via VHF–FM channel 13 at 

least 30 minutes prior to arrival. If 

vessels are unable to make satisfactory 

passing arrangements with the drill boat 

APACHE or the dredges TEXAS and 

NEW YORK, they may request 

permission from the COTP, or his 

designated representative, on VHF–FM 

channel 16. All vessels must operate at 

the minimum safe speed necessary to 

maintain steerage and reduce wake. 

No vessels may transit through the 

safety zone during times of explosive 

detonation. During explosive 

detonation, vessels will be required to 

maintain a 500 yard distance from the 

drill boat APACHE. The drill boat 

APACHE will make broadcasts via 

VHF–FM channels 13 and 16, at 15 

minutes, 5 minutes, and 1 minute prior 

to detonation, as well as a countdown 

to detonation on VHF–FM channel 16. 

Sector Delaware Bay will ensure notice 

is given to the maritime community of 

dates and times of blasting via broadcast 

notice to mariners on VHF–FM channel 

16. After every explosive detonation, a 

survey will be conducted to ensure the 

navigational channel is clear for vessels 

to transit. The drill boat APACHE will 

broadcast via VHF–FM channel 13 and 

16, when the survey has been completed 

and the channel is clear to transit. 

Vessels wishing to transit the safety 

zone in the main navigational channel 

may do so if they can make satisfactory 

passing arrangements with drill boat 

APACHE or the dredges TEXAS and 

NEW YORK in accordance with the 

Navigational Rules in 33 CFR 

subchapter E via VHF–FM channel 13 at 

least 30 minutes prior to arrival. If 

vessels are unable to make satisfactory 

passing arrangements with the drill boat 

APACHE or the dredge TEXAS and 

NEW YORK, they may request 

permission from the COTP, or his 

designated representative, on VHF–FM 

channel 16. 


jstallworth on DSKBBY8HB2PROD with PROPOSALS