[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Rules and Regulations]
[Pages 87498-87500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25603]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2024-0745]
RIN 1625-AA09


Drawbridge Operation Regulation; Sacramento River, Rio Vista, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with 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 Rio Vista (State Route 12) highway bridge across the 
Sacramento River, mile 12.8, at Rio Vista, CA. This action is necessary 
to allow the bridge owner to complete rehabilitation of the bridge.

DATES: This temporary interim rule is effective from November 4, 2024 
through 5 p.m. on August 29, 2025.
    Comments and related material must reach the Coast Guard on or 
before December 4, 2024.

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-2024-0745) 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 510-219-4366, email 
<a href="/cdn-cgi/l/email-protection#6c285d5d2e1e05080b091f2c191f0f0b42010500"><span class="__cf_email__" data-cfemail="296d18186b5b404d4e4c5a695c5a4a4e07444045">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

Caltrans California Department of Transportation
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MHW Mean High Water
NOTD Notice of Temporary Deviation
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 the 
authority in 5 U.S.C. 553(b)(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.'' 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 
and contrary to the public interest due to Caltrans Headquarters 
continuing to add projects to the ongoing rehabilitation project, which 
will require extending the length of time for advance notice for 
opening the span. The current NOTD expires November 1, 2024 and the 
Coast Guard cannot add additional dates to that NOTD because it will 
extend the NOTD beyond the allowed 180 days. The continuation of the 
temporary deviation is necessary for the safety of the work crews on 
the bridge.
    Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because Caltrans has allocated funds for additional rehabilitation work 
on the

[[Page 87499]]

bridge, necessary to keep the bridge functional for the foreseeable 
future.
    On May 1, 2024, the Coast Guard issued a General Deviation pursuant 
to 33 CFR 117.5, which allowed the bridge owner, Caltrans, to deviate 
from the current operating schedule to conduct major mechanical, 
electrical, and structural rehabilitation of the bridge. The General 
Deviation expires on November 1, 2024. Currently, the bridge will open 
on signal if at least 4-hours' notice is given to the drawtender. As of 
this date, new traffic gates have been installed, up-haul and down-haul 
wire ropes replaced, new primary and secondary drives have been 
installed, and new vertical clearance gauges mounted. Caltrans' 
Headquarters continues to allocate more funding for new projects to 
continue bridge rehabilitation. Projects that will be started in the 
calendar year 2024 and 2025 include: installing new tower elevators, 
repairing the east bridge portal, upgrading the traffic barriers 
hydraulic power units, repairing the span's cable reel and replacing 
the lift span roadway deck. These projects will require workers to be 
constantly on the lift span and towers of the bridge. For the safety of 
the workers on and around the mechanical workings of the bridge, 
Caltrans has requested the 4-hour advance notice for openings be 
extended through August 29, 2025. Due to Caltrans' Headquarters 
continuously allocating additional funds for rehabilitation projects, 
there is insufficient time to provide a reasonable comment period and 
then consider those comments before issuing the modification.

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 draw of the California Department of Transportation Rio Vista 
(State Route 12) highway bridge across the Sacramento River, mile 12.8, 
at Rio Vista, CA. The Rio Vista bridge has a vertical clearance of 17 
feet at MHW in the closed-to-navigation position and 144 feet at MHW in 
the fully open-to-navigation position.
    The existing drawbridge regulation, 33 CFR 117.5, states ``Except 
as otherwise authorized or required by this part, drawbridges must open 
promptly and fully for the passage of vessels when a request or signal 
to open is given in accordance with this subpart''. The bridge is 
currently operating under a temporary deviation from the operating 
regulations, allowing the bridge to open on signal if at least 4-hours' 
notice is given to the drawtender. Caltrans, the bridge owner, has 
requested to extend the 4-hour advance notification in order to safely 
complete bridge rehabilitation.

IV. Discussion of the Temporary Interim Rule

    The Coast Guard is issuing this rule, which permits a temporary 
deviation from the operating schedule that governs the draw of the 
California Department of Transportation Rio Vista (State Route 12) 
highway bridge across the Sacramento River, mile 12.8, at Rio Vista, 
CA. This rule allows the bridge to open on signal if at least 4-hours' 
notice is given to the drawtender through 5 p.m. on August 29, 2025.
    As the bridge rehabilitation continues, Caltrans has the following 
projects to complete: installing new tower elevators, repairing the 
east portal, upgrading the barriers hydraulic power units, repairing 
the span's cable reel and replacing the lift span roadway deck. This 
work will require workers to be in or around the towers' working 
machinery and in or around the lift span of the bridge. For the safety 
of the workers, Caltrans is requesting this temporary change so the 
workers can safely demobilize before the lift span operates. It is 
anticipated the rehabilitation work will be completed by August 29, 
2025.

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. Accordingly, it has not been reviewed by the 
Office of Management and Budget (OMB).
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice.

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.
    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.

[[Page 87500]]

    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; DHS Delegation No. 
00170.1, Revision No. 01.3.

0
2. In Sec.  117.189, add new paragraph (e) to read as follows:


Sec.  117.189  Sacramento River.

* * * * *
    (e) The draw of the California Department of Transportation Rio 
Vista (State Route 12) highway bridge, mile 12.8, at Rio Vista, shall 
open on signal through August 29, 2025 if at least 4 hours' notice is 
given to the drawtender.

    Dated: October 28, 2024.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard 
District.
[FR Doc. 2024-25603 Filed 11-1-24; 8:45 am]
BILLING CODE 9110-04-P


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