1806 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations 

the party establishes good cause for its 

failure to file a timely written objection. 

(f) Substitution of copies for original 

exhibits. The judge may permit a party 

to withdraw original documents offered 

in evidence and substitute accurate 

copies of the originals. 

(g) Designation of parts of documents. 

When only a portion of a document 

contains relevant matter, the offering 

party must exclude the irrelevant parts 

to the greatest extent practicable. 

(h) Records in other proceedings. 

Portions of the record of other 

administrative proceedings, civil 

actions, or criminal prosecutions may be 

received in evidence, when the offering 

party shows the copies are accurate. 

Signed on this 14th day of December, 2020, 

in Washington, DC. 

Eugene Scalia, 

Secretary of Labor. 

[FR Doc. 2020–28049 Filed 1–8–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket Number USCG–2020–0137] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Middle River, near Discovery Bay, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the operating schedule that governs the 

Woodward Island Bridge across Middle 

River, mile 11.8, near Discovery Bay, 

CA. The proposed operating schedule 

change will require the removable span 

to open for vessels engaged in 

emergency levee repairs. 

DATES: This rule is effective February 

10, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0137 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

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 

OMB Office of Management and Budget 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On September 20, 2017, the U.S. 

Coast Guard issued San Joaquin County 

a permit to construct the new removable 

span Woodward Island Bridge across 

Middle River, mile 11.8, near Discovery 

Bay, CA. Construction was completed 

on January 23, 2020. The new bridge 

provides 30 feet of vertical clearance in 

the closed-to-navigation position, 

unlimited vertical clearance when the 

span is removed, and 83 feet of 

horizontal clearance, dolphin to 

dolphin, measured normal to the 

centerline of the channel. The opening 

requirement for the newly constructed 

Woodward Island Bridge over Middle 

River is currently governed by 33 CFR 

117.5, which requires prompt and full 

opening for the passage of vessels when 

a request or signal to open is given. 

A three-year navigational analysis of 

that portion of Middle River was 

conducted between 2000 and 2003. The 

results of the analysis indicated the 

newly constructed bridge would meet 

the reasonable needs of recreational 

vessels that normally use the waterway. 

Vessels which cannot transit the bridge 

in the closed position have an alternate 

route to reach the opposite side of the 

bridge. 

The Woodward Island Bridge was 

designed with a removable span to 

allow emergency vessels engaged in 

levee repair to request an opening when 

necessary. Since most recreational 

vessels can transit the new Woodward 

Island Bridge and there is an alternate 

route around the bridge, there is no 

need for an ‘‘open on demand’’ 

regulation as prescribed in 33 CFR 

117.5. 

On July 23, 2020, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) entitled 

‘‘Drawbridge Operation Regulation; 

Middle River, near Discovery Bay, CA’’ 

(85 FR 44494). Further, on July 27, 2020, 

Commander (dpw), Eleventh Coast 

Guard District mailed notification of the 

NPRM to 48 interested parties that have 

known to use Middle River and 

published a notification of the NPRM in 

the Local Notice to Mariners, No. 30/20. 

The Coast Guard received one comment 

which was unrelated to the proposed 

rule. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under the authority at 33 U.S.C. 499. 

The Woodward Island Bridge across 

Middle River, mile 11.8, near Discovery 

Bay, CA is a removable span bridge 

which provides 30 feet of vertical 

clearance in the closed-to-navigation 

position, unlimited vertical clearance 

when the span is removed, and 83 feet 

of horizontal clearance, dolphin to 

dolphin, measured normal to the 

centerline of the channel. Most 

recreational vessels can transit the 

bridge in the closed-to-navigation 

position. Vessels that cannot transit the 

bridge while closed can take an 

alternate route to reach either side of the 

bridge. 

This final rule will ensure that if 

emergency levee repairs are needed 

downstream of the bridge, tug and crane 

barges will be able to request an opening 

to allow passage. 

IV. Discussion of Comments, Changes 

and the Final Rule 

As noted above, we received one 

comment on our NPRM published on 

July 23, 2020 that was unrelated to the 

proposed rule. With the exception of a 

non-substantive correction of a 

typographical error in § 117.171(b), 

there are no changes in the regulatory 

text of this rule from the NPRM. The 

final rule would require the removable 

span to open for vessels engaged in 

emergency levee repairs. This final rule 

would meet the reasonable needs of 

navigation. 

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. 


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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations 1807 

This regulatory action determination 

is based on the ability of the newly 

constructed bridge to meet the 

reasonable needs of recreational vessels 

that normally use the waterway. Vessels 

which cannot transit the bridge in the 

closed position have an alternate route 

to reach the opposite side of the bridge. 

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 section. 

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, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321–4370f). The 

Coast Guard has determined 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 and is categorically 

excluded from further review under 

paragraph L49 of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 1. 

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 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Amend § 117.171 by revising 

paragraphs (b) and (c) and adding 

paragraph (d) to read as follows: 

§ 117.171 Middle River. 

* * * * * 

(b) The draw of the Burlington 

Northern Santa Fe railroad bridge, mile 

9.8 near Middle River Station, shall 

open on signal if at least 12 hours notice 

is given to the Burlington Northern 

Santa Fe Railway Manager of Structures 

at San Bernardino. 

(c) The removable span of the 

Woodward Island Bridge, mile 11.8 near 

Discovery Bay, shall be removed as soon 

as possible upon notification by the 

District Commander that an emergency 

exists which requires its removal. 

(d) The California Route 4 Bridge, 

mile 15.1, between Victoria Island and 

Drexler Tract need not open for the 

passage of vessels. 

Dated: December 9, 2020. 

Brian K. Penoyer, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eleventh Coast Guard District. 

[FR Doc. 2020–28041 Filed 1–8–21; 8:45 am] 

BILLING CODE 9110–04–P 


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