Rule2024-14545
Drawbridge Operation Regulation; Three Mile Slough, Near Rio Vista, CA
Primary source
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Published
July 2, 2024
Effective
July 2, 2024
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 160 bridge, across Three Mile Slough, mile 0.1 near Rio Vista, CA. This action is necessary to allow the bridge owner to complete electrical and mechanical rehabilitation of the bridge.
Full Text
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<title>Federal Register, Volume 89 Issue 127 (Tuesday, July 2, 2024)</title>
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[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Rules and Regulations]
[Pages 54719-54720]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14545]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 127 / Tuesday, July 2, 2024 / Rules
and Regulations
[[Page 54719]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2024-0463]
RIN 1625-AA09
Drawbridge Operation Regulation; Three Mile Slough, Near Rio
Vista, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary interim rule and 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 Route 160 bridge, across Three Mile Slough, mile 0.1
near Rio Vista, CA. This action is necessary to allow the bridge owner
to complete electrical and mechanical rehabilitation of the bridge.
DATES: This temporary interim rule is effective from July 2, 2024
through 7 p.m. on August 30, 2024.
Comments and related material must reach the Coast Guard on or
before August 1, 2024.
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-2024-0463) 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#b5f6d4c7d99be19bfdd4c0c6dbd0c7f5c0c6d6d29bd8dcd9"><span class="__cf_email__" data-cfemail="7e3d1f0c12502a50361f0b0d101b0c3e0b0d1d1950131712">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
Caltrans California Department of Transportation
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 December 14, 2023, the Coast Guard issued a General Deviation
which allowed the bridge owner, Caltrans, to deviate from the current
operating schedule in 33 CFR 117.5 in order to conduct major mechanical
and electrical rehabilitation of the bridge. Due to delays caused by
weather, design changes, and supply chain issues the project will run
past the end date of the General Deviation on June 30, 2024. As such,
the bridge cannot be brought back to operating condition until the work
is complete, which remains dependent on continuing good weather and the
resolution of supply chain issues. 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 electrical and mechanical
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 draw of the California Department of
Transportation Route 160 bridge, across Three Mile Slough, mile 0.1
near Rio Vista, CA. The Route 160 bridge has a vertical clearance in
the closed position of 12.4 feet at mean high water, and 107.4 feet of
vertical clearance when in the fully opened-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.'' Caltrans, the
bridge owner, has requested additional time to complete the 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 Route 160 bridge, across Three
Mile Slough, mile 0.1 near Rio Vista, CA. This rule allows the bridge
to be secured in the closed-to-navigation position through 7 p.m. on
August 30, 2024.
As part of the bridge rehabilitation, Caltrans has removed and is
replacing all the electrical and key mechanical components that control
the draw span's operation. On May 21, 2024, Caltrans informed the Coast
Guard their contractor had parts and material on backorder due to
supply chain issues, and the original design for the rehabilitation
work needed revisions. In addition, Caltrans informed the Coast Guard
that delays due to weather extended the completion date of the project.
The supply chain issue, the redesign, and an active storm season have
delayed the completion of the bridge rehabilitation. Currently, the
draw span remains inoperable until the work is completed. The
anticipated completion date for the rehabilitation is August 30, 2024.
[[Page 54720]]
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 even
though vessels, which require this draw span to open may be impacted by
this action, vessels still can take an alternate route to reach either
side of the bridge. Furthermore, the draw span of the bridge, as of
date of the publication of this rule, is not operational and cannot
resume operations until rehabilitation work is complete.
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.
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.
0
2. Add Sec. 117.T198 to read as follows:
Sec. 117.T198 Three Mile Slough
The draw of the California Department of Transportation Route 160
bridge, mile 0.1, near Rio Vista need not open for the passage of
vessels.
Dated: June 26, 2024.
Andrew M. Sugimoto,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2024-14545 Filed 7-1-24; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 2, 2024.
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