Rule2022-03678
Drawbridge Operation Regulation; Old River, Between Victoria Island and Byron Tract, CA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 22, 2022
Effective
March 24, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 35 (Tuesday, February 22, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Rules and Regulations]
[Pages 9446-9447]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03678]
=======================================================================
-----------------------------------------------------------------------
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="/cdn-cgi/l/email-protection#420123302e6c166c0a2337312c273002373121256c2f2b2e"><span class="__cf_email__" data-cfemail="81c2e0f3edafd5afc9e0f4f2efe4f3c1f4f2e2e6afece8ed">[email protected]</span></a>.
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)
Sec. 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 four-hour 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.
[[Page 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
0
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.
0
2. Revise Sec. 117.183 to read as follows:
Sec. 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
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 22, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.