Rule2024-25603
Drawbridge Operation Regulation; Sacramento River, Rio Vista, 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
November 4, 2024
Effective
November 4, 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 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.
Full Text
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<title>Federal Register, Volume 89 Issue 213 (Monday, November 4, 2024)</title>
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[Federal Register Volume 89, Number 213 (Monday, November 4, 2024)]
[Rules and Regulations]
[Pages 87498-87500]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25603]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
<a href="/cdn-cgi/l/email-protection#6c285d5d2e1e05080b091f2c191f0f0b42010500"><span class="__cf_email__" data-cfemail="296d18186b5b404d4e4c5a695c5a4a4e07444045">[email protected]</span></a>.
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
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 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
[[Page 87499]]
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-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''. 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.
[[Page 87500]]
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; DHS Delegation No.
00170.1, Revision No. 01.3.
0
2. In Sec. 117.189, add new paragraph (e) to read as follows:
Sec. 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
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</html>Indexed from Federal Register on November 4, 2024.
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