[Federal Register Volume 88, Number 227 (Tuesday, November 28, 2023)]
[Rules and Regulations]
[Pages 83026-83028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26017]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#b1f2d0c3dd9fe59ff9d0c4c2dfd4c3f1c4c2d2d69fdcd8dd"><span class="__cf_email__" data-cfemail="0b486a7967255f25436a7e78656e794b7e78686c25666267">[email protected]</span></a>.

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
Sec.  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 non-operational 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

[[Page 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.

[[Page 83028]]

    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

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. 00170.1. Revision No. 01.3


Sec.  117.183  [Amended]

0
2. Section 117.183 is stayed from November 30, 2023, until 5 p.m. on 
March 1, 2024.


0
3. Add section Sec.  117.T184 to read as follows:


Sec.  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


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