9446 Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Rules and Regulations 

Foreign Governments because its 

content is duplicative of a DoD-level 

regulation. The rule is redundant and 

unnecessary. Therefore, this rule can be 

removed from the Code of Federal 

Regulations (CFR). 

DATES: This rule is effective on February 

22, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Captain Bruce Gragert, United States 

Navy, 2000 Navy Pentagon, Room 

4B654, Washington, DC 20350–2000, 

telephone: 703–692–5310. 

SUPPLEMENTARY INFORMATION: It has been 

determined that publication of this CFR 

part removal for public comment is 

impracticable, unnecessary, and 

contrary to public interest since it is 

removing a duplicative rule 

memorialized elsewhere in the CFR. 

The rule provides guidance to 

Department of the Navy entities on the 

same delegation of authority captured in 

32 CFR 264.4(d)(3). It does not add or 

subtract requirements beyond those 

already established. 

This rule is not significant under 

Executive Order 12866, ‘‘Regulatory 

Planning and Review.’’ 

List of Subjects in 32 CFR Part 744 

Military personnel. 

PART 744—[REMOVED] 

Accordingly, by the authority of 5 

U.S.C. 301, 32 CFR part 744 is removed. 

J.M. Pike, 

Commander, Judge Advocate General’s Corps, 

U.S. Navy, Federal Register Liaison Officer. 

[FR Doc. 2022–03625 Filed 2–18–22; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2021–0181] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Old 

River, Between Victoria Island and 

Byron Tract, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the operating schedule that governs the 

California Department of Transportation 

(Route 4) highway bridge, across Old 

River, mile 14.8, between Victoria 

Island and Byron Tract, California. This 

action is due to the infrequent amount 

of vessels requiring drawbridge 

openings on the waterway. It will 

reduce unnecessary staffing of the 

drawbridge during periods of 

navigational inactivity while continuing 

to meet the reasonable needs of 

navigation. The schedule change would 

require vessels to provide a four-hour 

advance notification for drawspan 

opening. 

DATES: This rule is effective March 24, 

2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type USCG– 

2021–0181 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 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 

CADFW California Department of Fish and 

Wildlife 

Caltrans California Department of 

Transportation 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On October 25, 2021, the Coast Guard 

published a Notice of Proposed 

Rulemaking (NPRM) entitled 

‘‘Drawbridge Operation Regulation; Old 

River, Between Victoria Island and 

Byron Tract, CA’’ in the Federal 

Register (86 FR 58827). Further, the 

Commander (dpw), Eleventh Coast 

Guard District, mailed/emailed 

notification of the NPRM to 104 

interested parties that may navigate Old 

River and published a notification of the 

NPRM in the Local Notice to Mariners, 

No. 43/21. The Coast Guard received no 

comments on this proposed rule. 

On May 3, 2021, the Coast Guard 

published a temporary deviation from 

the operating schedule, entitled 

‘‘Drawbridge Operation Regulation; Old 

River, Between Victoria Island and 

Byron Tract, CA’’ in the Federal 

Register (86 FR 23278). The May 3, 2021 

proposed temporary deviation to the 

bridge operating schedule was 

employed to determine whether a 

permanent change was warranted to 

allow the draw to operate as follows: 

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. 

One comment from the Contra Costa 

County Office of the Sheriff was 

received during the temporary deviation 

period and was addressed in the NPRM. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. 

The Caltrans (Route 4) highway 

bridge, across Old River, mile 14.8, 

between Victoria Island and Byron 

Tract, California is a swing span 

drawbridge. It provides a horizontal 

clearance of 98 feet and a vertical 

clearance of 12.7 feet above mean high 

water in the closed-to-navigation 

position with unlimited vertical 

clearance when fully opened. The 

Caltrans (Route 4) highway bridge is 

currently governed by 33 CFR 117.183, 

which requires the draw to open on 

signal from May 1 through October 31 

from 6 a.m. to 10 p.m., and from 

November 1 through April 30 from 9 

a.m. to 5 p.m. At all other times, the 

draw opens 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. 

Due to infrequent calls for drawbridge 

openings, Caltrans has requested a fourhour notification year-round for 

drawbridge openings at this location. A 

four-hour notification will allow 

Caltrans to use personnel more 

efficiently and reduce unnecessary 

staffing of the drawbridge during 

periods of navigational inactivity while 

continuing to meet the reasonable needs 

of navigation on the waterway. 

There are approximately 10 marinas 

on Old River and nearby waterways, 

with two marinas upriver from the 

bridge. From 2011 through June 2020, 

the swing span opened for vessels 474 

times, an average of 4.27 openings per 

month. Most openings have been for 

vessels operated by the CADFW (58%), 

followed by recreational vessels (22%), 

towboat-vessel assistance (9%), and tug 

and barge units (6%). Law enforcement 

and search and rescue vessels also used 

the waterway. 

IV. Discussion of Comments, Changes 

and the Final Rule 

The preceding NPRM the Coast Guard 

issued provided a comment period of 60 

days and no comments were received. 


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Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Rules and Regulations 9447 

The Final Rule would require the 

drawspan to 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. 

This Final Rule would meet the 

reasonable needs of navigation of 

vessels that currently use the waterway. 

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. 

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). 

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 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 (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. 

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. Revise § 117.183 to read as follows: 

§ 117.183 Old River. 

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. 

Dated: February 14, 2022. 

Brian K. Penoyer, 

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

Eleventh Coast Guard District. 

[FR Doc. 2022–03678 Filed 2–18–22; 8:45 am] 

BILLING CODE 9110–04–P 


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