[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Rules and Regulations]
[Pages 3959-3960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01556]


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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: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the 3rd Street Bridge, across China Basin, 
Mission Creek, mile 0.0, at San Francisco, California. The bridge 
owner, the City of San Francisco, submitted a request to secure the 
bridge in the closed-to-navigation position for 18 months in order to 
conduct critical mechanical and structural rehabilitation of the 
bridge. The temporary change to the regulations is expected to meet the 
reasonable needs of navigation on the waterway.

DATES: This temporary final rule is effective from 6 a.m. on February 
28, 2018, until 11 p.m. on September 30, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-1015 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 
temporary final 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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On November 14, 2017, we published a NPRM entitled, ``Drawbridge 
Operation Regulation; China Basin, Mission Creek, San Francisco, CA'' 
in the Federal Register (82 FR 218). We received no comments on this 
rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The 3rd Street Bridge, across China Basin, Mission Creek, mile 0.0, at 
San Francisco, California, is a single leaf bascule bridge which 
provides 3 feet of vertical clearance at mean high water in the closed 
position and unlimited vertical clearance in the open position. 
According to the Coast Guard Drawbridge Operation Regulations in 33 CFR 
117.149 the draw shall open on signal if at least one hour notice is 
given.
    The owner of the bridge, the City of San Francisco, has submitted a 
request to the Coast Guard to keep the bridge in the closed-to-
navigation position for 18 months to complete critical mechanical and 
structural rehabilitation of 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 recreational 
vessels are moored upstream of the bridge and require the drawspan to 
open in order to depart the basin into San Francisco Bay. There are no 
commercial vessels that regularly use the waterway. The City of San 
Francisco has indicated that they will assist vessel owners in China 
Basin, Mission Creek, to 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.
    Under this temporary final rule the draw need not open for the 
passage of vessels from 6 a.m. on February 28, 2018, until 11 p.m. on 
September 30, 2019.
    If necessary, during this temporary final rule period, the draw 
shall open on signal if at least 45 days notice is given.

IV. Discussion of Comments, Changes, and the Temporary Final Rule

    The Coast Guard provided a comment period of 30 days and no 
comments were received. As a result, no changes have been made to the 
rule as proposed.

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 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.

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

[[Page 3960]]

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.

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.

F. Environment

    We have analyzed this 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 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    A Record of Environmental Consideration and a Memorandum for the 
Record are not 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.


0
2. From 6 a.m. on February 28, 2018, until 11 p.m. on September 30, 
2019, Sec.  117.149, is suspended and Sec.  117.149(T) is added to read 
as follows:


Sec.  117.149-T   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: January 23 2018.
Todd A. Sokalzuk,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2018-01556 Filed 1-26-18; 8:45 am]
 BILLING CODE 9110-04-P