Rule2023-08188
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
April 20, 2023
Effective
April 20, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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 construction material delivery related to the COVID-19 pandemic, vandalism, and inclement weather.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 76 (Thursday, April 20, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Rules and Regulations]
[Pages 24336-24338]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08188]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 construction material delivery related to the
COVID-19 pandemic, vandalism, and inclement weather.
DATES: This temporary interim rule is effective from April 20, 2023
through 5 p.m. on November 30, 2023.
Comments and related material must reach the Coast Guard on or
before May 22, 2023.
[[Page 24337]]
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 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#c784a6b5abe993e98fa6b2b4a9a2b587b2b4a4a0e9aaaeab"><span class="__cf_email__" data-cfemail="b1f2d0c3dd9fe59ff9d0c4c2dfd4c3f1c4c2d2d69fdcd8dd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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 will run past the end date of
April 23, 2023 of the General Deviation. The bridge cannot 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 can be made. Therefore, 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.
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 November 30, 2023.
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, have caused the delay of
the completion of the rehabilitation of the bridge. Currently, the
swing span remains inoperable until rehabilitation work is completed.
The anticipated completion of the rehabilitation work is November 30,
2023.
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. 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
[[Page 24338]]
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.
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. 0170.1. Revision No. 01.3.
0
2. Stay Sec. 117.183 from April 20, 2023 until 5 p.m. on November 30,
2023.
0
3. Add 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.
Michael E. Campbell,
Rear Admiral, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard
District.
[FR Doc. 2023-08188 Filed 4-19-23; 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 April 20, 2023.
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.