87498 Federal Register / Vol. 89, No. 213 / Monday, November 4, 2024 / Rules and Regulations 

on assembly, maintenance, cleaning, 

and use, where applicable. 

(b) The instructions shall address the 

following additional warnings: 

(1) Read all instructions before using 

this product. 

(2) Keep instructions for future use. 

(3) Do not use this product if it is 

damaged or broken. 

(4) Instructions shall indicate the 

manufacturer’s recommended maximum 

weight, height, age, developmental 

level, or combination thereof, of the 

occupant for which the infant support 

cushion is intended. If this product is 

not intended for use by a child for a 

specific reason, the instructions shall 

state this limitation. 

(c) The cautions and warnings in the 

instructions shall meet the requirements 

specified in § 1243.6(d)(4) though (6), 

except that section 6.4 and sections 7.2– 

7.6.3 of ANSI Z535.4–2011(R2017) 

(incorporated by reference, see § 1243.8) 

need not be applied. However, the 

signal word and safety alert symbol 

shall contrast with the background of 

the signal word panel, and the cautions 

and warnings shall contrast with the 

background of the instructional 

literature. 

Note 1 to paragraph (c): For example, the 

signal word, safety alert symbol, and the 

warnings may be black letters on a white 

background, white letters on a black 

background, navy blue letters on an off-white 

background, or some other high-contrast 

combination. 

(d) Any instructions provided in 

addition to those required by this 

section shall not contradict or confuse 

the meaning of the required information 

or be otherwise misleading to the 

consumer. 

§ 1243.8 Incorporation by reference. 

Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved incorporation 

by reference (IBR) material is available 

for inspection at the U.S. Consumer 

Product Safety Commission and at the 

National Archives and Records 

Administration (NARA). Contact the 

U.S. Consumer Product Safety 

Commission at: the Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814; phone 

(301) 504–7479; email: cpsc-os@

cpsc.gov. For information on the 

availability of this material at NARA, 

visit www.archives.gov/federal-register/ 

cfr/ibr-locations or email fr.inspection@

nara.gov. The material may be obtained 

from the following sources: 

(a) National Electrical Manufacturers 

Association (NEMA), 1300 17th St. N, 

Arlington, VA 22209; phone: (703) 841– 

3200; website: www.nema.org. 

(1) ANSI Z535.4–2011(R2017), 

American National Standard for 

Product Safety Signs and Labels, 

approved October 20, 2017; approved 

for §§ 1243.6 and 1243.7. 

(2) [Reserved] 

Note 1 to paragraph (a): NEMA standards 

are also available from the American 

National Standards Institute (ANSI), which 

provides a free, read-only copy of the 

standard at https://ibr.ansi.org/Standards/ 

nema.aspx. Contact ANSI by mail at 

American National Standards Institute, 25 

West 43rd Street, 4th Floor, New York, NY 

10036, USA; phone: (212) 642–4900; website: 

www.ansi.org. 

(b) ASTM International (ASTM), 100 

Barr Harbor Drive, P.O. Box CB700, 

West Conshohocken, Pennsylvania 

19428–2959; phone: (800) 262–1373; 

website: www.astm.org. 

(1) ASTM D3359–23, Standard Test 

Methods for Rating Adhesion by Tape 

Test, approved February 1, 2023; 

approved for § 1243.5. 

(2) [Reserved] 

Alberta E. Mills, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2024–25181 Filed 11–1–24; 8:45 am] 

BILLING CODE 6355–01–P 

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. 

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 D11Bridges@uscg.mil. 

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 

§ 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 


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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-tonavigation 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. 


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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; 

DHS Delegation No. 00170.1, Revision No. 

01.3. 

■ 2. In § 117.189, add new paragraph (e) 

to read as follows: 

§ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2024–0016; FRL–12094– 

02–R3] 

Air Plan Approval; Delaware; Motor 

Vehicle Inspection and Maintenance 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving three state 

implementation plan (SIP) revisions 

submitted by the State of Delaware 

through the Delaware Department of 

Natural Resources and Environmental 

Control (DNREC) on March 13, 2023. 

The revisions amend Delaware’s 

emission inspection and maintenance 

(I/M) program statewide, for the purpose 

of updating the SIP to include several 

state rule revisions as amendments to 

the prior approved SIP. The purpose of 

these updates is to incorporate 

regulatory changes that are the result of 

state law changes, as well as to improve 

the I/M program and to harmonize the 

programs operated throughout the state. 

EPA finds that these revisions to the SIP 

comply with applicable requirements of 

the CAA and EPA regulations and that 

these revisions to the SIP will not 

interfere with attainment or 

maintenance of any national ambient air 

quality standards (NAAQS). EPA is 

approving these revisions to the 

Delaware SIP in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective 

December 4, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2024–0016. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through www.regulations.gov, 

or please contact the person identified 

in the FOR FURTHER INFORMATION

CONTACT section for additional 

availability information. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rehn, Planning & Implementation 

Branch (3AD30), Air & Radiation 

Division, U.S. Environmental Protection 

Agency, Region III, 1600 John F 

Kennedy Boulevard, Philadelphia, 

Pennsylvania 19103. The telephone 

number is (215) 814–2176. Mr. Rehn can 

also be reached via electronic mail at 

rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 13, 2023, DNREC submitted 

to EPA three revisions to the Delaware 

SIP pertaining to Delaware’s enhanced 

I/M program applicable to the Delaware 

portion of the Philadelphia-WilmingtonAtlantic City nonattainment area for the 

2015 ozone NAAQS (i.e., Kent and New 

Castle Counties) and the SIPstrengthening (akin to basic) I/M 

program applicable to Sussex County. 

On August 15, 2024 (89 FR 66295), EPA 

published a notice of proposed 

rulemaking (NPRM) proposing to 

approve these three revisions to the 

Delaware SIP. In the NPRM, EPA 

proposed to approve state amendments 

to the prior SIP-approved versions of 7 

DE Admin. Code 31, now recodified at 

7 DE Admin Code 1131 (pertaining to 

the enhanced I/M program in Kent and 

New Castle Counties) and to 7 DE Code 

1126 (pertaining to Sussex County), as 

well as Delaware’s Plan for 

Implementation (PFI) for 7 DE Admin 

Code 1126 and 7 DE Admin. Code 1131. 

The PFI contains additional supporting 

materials for inclusion into the SIP that 

is related to I/M program 

implementation, enforcement, and other 

non-regulatory program requirements to 

satisfy Federal I/M requirements set 

forth at 40 CFR part 51, subpart S not 

addressed by the revised Regulations 

1126 and 1131. 

These SIP revisions apply to both the 

federally mandated enhanced I/M 

program applicable to Kent and New 

Castle Counties that comprise 

Delaware’s portion of the PhiladelphiaWilmington-Atlantic City, PA-NJ-MDDE ozone nonattainment area, and also 


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