83026 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 

The International Dairy Foods 

Association (IDFA) and Chobani, Inc., 

timely filed objections and requested a 

hearing with respect to several 

provisions in the 2021 final rule. In the 

Federal Register of March 23, 2022 (87 

FR 16394), we issued a notice providing 

clarification on which provisions of the 

final rule were stayed and which 

requirements of the previous final rule 

that we issued in 1981 (46 FR 9924) 

were in effect pending final action. We 

completed our evaluation of the 

objections, and, on December 15, 2022, 

we published a final rule denying 

requests for a hearing with respect to all 

but one of the objections, providing 

modifications to certain provisions in 

the 2021 final rule, and announcing that 

the stay of effectiveness of provisions 

for which hearings were denied was 

lifted (87 FR 76559) (2022 final rule). 

The 2022 final rule did not address 

IDFA’s objections and request for a 

hearing on the acidity requirement of 

yogurt, and we instead addressed this in 

a proposed order sent to IDFA and 

posted to the docket for public review. 

We did not receive any response to 

the proposed order, and on April 14, 

2023, we published a final order, 

‘‘International Dairy Foods Association: 

Response to the Objections and 

Requests for a Public Hearing on the 

Final Rule To Revoke the Standards for 

Lowfat Yogurt and Nonfat Yogurt and 

Amend the Standard for Yogurt’’ (88 FR 

22907) (2023 final order). The 2023 final 

order modified the acidity requirement 

in 21 CFR 131.200(a) of the 2021 final 

rule. 

Manufacturers must begin complying 

with the rule for products labeled on or 

after January 1, 2024. 

We examined the economic 

implications of the final rule as required 

by the Regulatory Flexibility Act (5 

U.S.C. 601–612) and determined that 

the final rule would have a significant 

economic impact on a substantial 

number of small entities. In compliance 

with section 212 of the Small Business 

Regulatory Enforcement Fairness Act 

(Pub. L. 104–121, as amended by Pub. 

L. 110–28), we are making available the 

SECG to explain the actions that a small 

entity must take to comply with the 

rule. 

We are issuing this SECG consistent 

with our good guidance practices 

regulation (21 CFR 10.115). The SECG 

represents the current thinking of FDA 

on this topic. It does not establish any 

rights for any person and is not binding 

on FDA or the public. You can use an 

alternative approach if it satisfies the 

requirements of the applicable statutes 

and regulations. 

II. Paperwork Reduction Act of 1995 

This guidance contains no collection 

of information. Therefore, clearance by 

the Office of Management and Budget 

under the Paperwork Reduction Act of 

1995 is not required. 

III. Electronic Access 

Persons with access to the internet 

may obtain the SECG at https://

www.fda.gov/FoodGuidances, https:// 

www.fda.gov/regulatory-information/ 

search-fda-guidance-documents, or 

https://www.regulations.gov. Use the 

FDA website listed in the previous 

sentence to find the most current 

version of the guidance. 

Dated: November 21, 2023. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2023–26095 Filed 11–27–23; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2023–0231] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Old 

River, Between Victoria Island and 

Byron Tract, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments. 

SUMMARY: The Coast Guard is 

temporarily modifying the operating 

schedule that governs the draw of the 

California Department of Transportation 

(Route 4) highway bridge, mile 14.8 

between Victoria Island and Byron 

Tract, CA. This action is necessary to 

allow the bridge owner to complete 

rehabilitation of the bridge after an 

unexpected delay in delivery of custom 

made electronics. 

DATES: 

Effective date: This temporary interim 

rule is effective from 5 p.m. on 

November 30, 2023, through 5 p.m. on 

March 1, 2024. 

Comments: Comments and related 

material must reach the Coast Guard on 

or before December 28, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number (USCG–2023–0231) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material’’. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

interim rule, call or email Carl Hausner, 

Chief, Bridge Section, Eleventh Coast 

Guard District; telephone 510–437– 

3516, email Carl.T.Hausner@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations [Delete/add 

any abbreviations not used/used in this 

document] 

CFR Code of Federal Regulations 

Caltrans California Department of 

Transportation 

CADFW California Department of Fish and 

Wildlife 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary interim rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b), the Coast Guard finds that good 

cause exists for not publishing a notice 

of proposed rulemaking (NPRM) with 

respect to this rule because it is 

impracticable. This bridge is nonoperational and will be non-operational 

until rehabilitation work can be 

completed. 

On October 27, 2022 the Coast Guard 

issued a General Deviation which 

allowed the bridge owner, Caltrans, to 

deviate from the current operating 

schedule in 33 CFR 117.183 to conduct 

major mechanical and electrical 

rehabilitation of the bridge. Due to 

delays in procuring materials, 

vandalism of critical electrical 

submarine cables, and an active winter 

storm season, the project ran past the 

end date of April 23, 2023 of the 

General Deviation. The bridge could not 

be brought back to operating condition 

until the delivery of the critical Program 

Logic Control circuit and the 

replacement or repairs to the submarine 

cable could be made. On October 17, 

2023, Caltrans informed the Coast Guard 

that critical electronic components, 

needed to complete the rehabilitation of 

the bridge, were still on back-order and 

not expected to be delivered in time for 

a project completion deadline of 

November 30, 2023. It is anticipated that 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 83027 

the parts will be delivered in the 

beginning of next year, the bridge work 

complete and the span operational by 

March 1, 2024. There is insufficient 

time to provide a reasonable comment 

period and then consider those 

comments before issuing the 

modification. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making it effective in less than 30 days 

after publication in the Federal 

Register. For reasons presented above, 

delaying the effective date of this rule 

would be impracticable and contrary to 

the public interest due to the fact that 

the bridge is currently inoperable and 

will not be back into operation until the 

rehabilitation work can be completed. 

We are soliciting comments on this 

rulemaking. If the Coast Guard 

determines that changes to the 

temporary interim rule are necessary, 

we will publish a temporary final rule 

or other appropriate document. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this 

temporary interim rule under authority 

in 33 U.S.C. 499. The Coast Guard is 

modifying the operating schedule that 

governs the California Department of 

Transportation (Route 4) highway 

bridge, mile 14.8 between Victoria 

Island and Byron Tract, CA. The 

Caltrans Route 4 highway bridge has a 

vertical clearance, in the closed 

position, of 12.7 feet at mean high water 

and unlimited vertical clearance when 

opened. 

The existing drawbridge regulation, 

33 CFR 117.183, states that the draw of 

the California Department of 

Transportation (Route 4) highway 

bridge, mile 14.8 between Victoria 

Island and Byron Tract, shall open on 

signal if at least four hours notice is 

given to the drawtender at the Rio Vista 

bridge across the Sacramento River, 

mile 12.8. Caltrans, the bridge owner, 

has requested this modification as 

additional time is required to complete 

the bridge rehabilitation. 

Drawtender logs, during a previous 

test deviation conducted May 5, 2021 to 

August 7, 2021, recorded the following 

number of CADFW vessel openings: 

four in May, eight in June, four in July, 

and two in August. One survey vessel 

passed in July. No recreational or 

commercial vessels requested an 

opening of the bridge span during that 

90-day test deviation. 

On October 27, 2022 the Coast Guard 

issued a General Deviation which 

allowed the bridge owner, Caltrans, to 

deviate from the current operating 

schedule in 33 CFR 117.183 to conduct 

major mechanical and electrical 

rehabilitation of the bridge. Due to 

various delays, the project ran past the 

end date of April 23, 2023 of the 

General Deviation. On April 20, 2023, 

the Coast Guard published a temporary 

interim rule with request for comments 

that extended the deviation from the 

operating schedule until November 30, 

2023. 88 FR 24336. During the comment 

period that ended May 22, 2023, no 

comments were received. 

On October 17, 2023, Caltrans 

informed the Coast Guard that critical 

electronic components, needed to 

complete the rehabilitation of the 

bridge, were still on back-order and not 

expected to be delivered in time for a 

project completion deadline of 

November 30, 2023. It is anticipated that 

the parts will be delivered in the 

beginning of next year, the bridge work 

complete and the span operational by 

March 1, 2024. This temporary interim 

rule allows for a further deviation from 

the operating schedule until March 1, 

2024. 

IV. Discussion of the Rule 

The Coast Guard is issuing this rule, 

which permits a temporary deviation 

from the operating schedule that 

governs the California Department of 

Transportation (Route 4) highway 

bridge, mile 14.8 between Victoria 

Island and Byron Tract, CA. This rule 

allows the bridge to be secured in the 

closed-to-navigation position through 5 

p.m. on March 1, 2024. 

As part of the rehabilitation of the 

bridge, Caltrans has removed and is 

replacing all the electronics as well as 

key mechanical components that control 

the operation of the swing span. On 

January 31, 2023, vandals caused 

damage to one of the three newly 

installed custom-made submarine 

cables. On April 1, 2023 the contractor 

informed Caltrans that the custom-made 

Program Logic Control circuit, which is 

the circuit that controls the operation of 

the swing span, was delayed due to 

supply chain issues. These two critical 

components of bridge operations, as 

well as an active storm season, caused 

the delay of the completion of the 

rehabilitation of the bridge. On October 

17, 2023, Caltrans informed the Coast 

Guard that critical electronic 

components, needed to complete the 

rehabilitation of the bridge, were still on 

back-order and not expected to be 

delivered to meet the November 30, 

2023 deadline to bring the swing span 

back into operation. It is anticipated that 

the parts will be delivered in the 

beginning of next year, the bridge work 

complete and the span operational by 

March 1, 2024. Currently, the swing 

span remains inoperable until 

rehabilitation work is completed. The 

anticipated completion of the 

rehabilitation work is March 1, 2024. 

V. Regulatory Analyses 

We developed this temporary interim 

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. 

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. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866, as amended by 

Executive Order 14094 (Modernizing 

Regulatory Review). Accordingly, it has 

not been reviewed by the Office of 

Management and Budget (OMB). 

This regulatory action determination 

is based on the fact that little or no 

commercial or recreational vessel traffic 

will be impacted by this rule. 

Furthermore, the swing span of the 

bridge, as of date of the publication of 

this rule, is not operational and cannot 

resume operations until delivery of 

delayed parts and the repair to or 

replacement of the vandalized electrical 

submarine cable is made. 

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 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. 


lotter on DSK11XQN23PROD with RULES1
83028 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 

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 (NEPA)(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 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. 

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; 

Department of Homeland Security Delegation 

No. 00170.1. Revision No. 01.3 

§ 117.183 [Amended] 

■ 2. Section 117.183 is stayed from 

November 30, 2023, until 5 p.m. on 

March 1, 2024. 

■ 3. Add section § 117.T184 to read as 

follows: 

§ 117.T184 Old River. 

The draw of the California 

Department of Transportation (Route 4) 

highway bridge, mile 14.8 between 

Victoria Island and Byron Tract need 

not be opened for the passage of vessels. 

Dated: November 20, 2023. 

Andrew M. Sugimoto, 

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

Eleventh Coast Guard District. 

[FR Doc. 2023–26017 Filed 11–27–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2023–0898] 

Safety Zone; Fireworks Displays 

Within the Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for a fireworks display at 

The Wharf DC on December 2, 2023, to 

provide for the safety of life on 

navigable waterways during this event. 

Our regulation for Fireworks Displays 

within the Fifth Coast Guard District 

identifies the safety zone for this event 

in Washington, DC. During the 

enforcement period, vessels may not 

enter, remain in, or transit through the 

safety zone unless authorized to do so 

by the COTP or his representative, and 

vessels in the vicinity must comply with 

directions from the Patrol Commander 

or any Official Patrol displaying a Coast 

Guard ensign. 

DATES: The regulation in 33 CFR 

165.506 will be enforced for the location 

identified in line no. 1 of table 2 to 33 

CFR 165.506(h)(2) from 7 p.m. until 9 

p.m. on December 2, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email MST2 Hollie Givens, Sector 

Maryland-NCR, Waterways Management 

Division, U.S. Coast Guard: telephone 

410–57–2596, email 

MDNCRMarineEvents@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone 

regulation for a fireworks display at The 

Wharf DC from 7:00 p.m. to 9:00 p.m. 

on December 2, 2023. This action is 

being taken to provide for the safety of 

life on navigable waterways during this 

event. Our regulation for Fireworks 

Displays within the Fifth Coast Guard 

District, § 165.506, specifies the location 

of the safety zone for the fireworks 

show, which encompasses portions of 

the Washington Channel in the Upper 

Potomac River. During the enforcement 

period, as reflected in § 165.506(b), if 


lotter on DSK11XQN23PROD with RULES1