[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Rules and Regulations]
[Pages 1806-1807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28041]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket Number USCG-2020-0137]
RIN 1625-AA09


Drawbridge Operation Regulation; Middle River, near Discovery 
Bay, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the Woodward Island Bridge across Middle River, mile 11.8, near 
Discovery Bay, CA. The proposed operating schedule change will require 
the removable span to open for vessels engaged in emergency levee 
repairs.

DATES: This rule is effective February 10, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0137 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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 [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On September 20, 2017, the U.S. Coast Guard issued San Joaquin 
County a permit to construct the new removable span Woodward Island 
Bridge across Middle River, mile 11.8, near Discovery Bay, CA. 
Construction was completed on January 23, 2020. The new bridge provides 
30 feet of vertical clearance in the closed-to-navigation position, 
unlimited vertical clearance when the span is removed, and 83 feet of 
horizontal clearance, dolphin to dolphin, measured normal to the 
centerline of the channel. The opening requirement for the newly 
constructed Woodward Island Bridge over Middle River is currently 
governed by 33 CFR 117.5, which requires prompt and full opening for 
the passage of vessels when a request or signal to open is given.
    A three-year navigational analysis of that portion of Middle River 
was conducted between 2000 and 2003. The results of the analysis 
indicated the newly constructed bridge would meet the reasonable needs 
of recreational vessels that normally use the waterway. Vessels which 
cannot transit the bridge in the closed position have an alternate 
route to reach the opposite side of the bridge.
    The Woodward Island Bridge was designed with a removable span to 
allow emergency vessels engaged in levee repair to request an opening 
when necessary. Since most recreational vessels can transit the new 
Woodward Island Bridge and there is an alternate route around the 
bridge, there is no need for an ``open on demand'' regulation as 
prescribed in 33 CFR 117.5.
    On July 23, 2020, the Coast Guard published a notice of proposed 
rulemaking (NPRM) entitled ``Drawbridge Operation Regulation; Middle 
River, near Discovery Bay, CA'' (85 FR 44494). Further, on July 27, 
2020, Commander (dpw), Eleventh Coast Guard District mailed 
notification of the NPRM to 48 interested parties that have known to 
use Middle River and published a notification of the NPRM in the Local 
Notice to Mariners, No. 30/20. The Coast Guard received one comment 
which was unrelated to the proposed rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority at 33 
U.S.C. 499. The Woodward Island Bridge across Middle River, mile 11.8, 
near Discovery Bay, CA is a removable span bridge which provides 30 
feet of vertical clearance in the closed-to-navigation position, 
unlimited vertical clearance when the span is removed, and 83 feet of 
horizontal clearance, dolphin to dolphin, measured normal to the 
centerline of the channel. Most recreational vessels can transit the 
bridge in the closed-to-navigation position. Vessels that cannot 
transit the bridge while closed can take an alternate route to reach 
either side of the bridge.
    This final rule will ensure that if emergency levee repairs are 
needed downstream of the bridge, tug and crane barges will be able to 
request an opening to allow passage.

IV. Discussion of Comments, Changes and the Final Rule

    As noted above, we received one comment on our NPRM published on 
July 23, 2020 that was unrelated to the proposed rule. With the 
exception of a non-substantive correction of a typographical error in 
Sec.  117.171(b), there are no changes in the regulatory text of this 
rule from the NPRM. The final rule would require the removable span to 
open for vessels engaged in emergency levee repairs. This final rule 
would meet the reasonable needs of navigation.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.

[[Page 1807]]

    This regulatory action determination is based on the ability of the 
newly constructed bridge to meet the reasonable needs of recreational 
vessels that normally use the waterway. Vessels which cannot transit 
the bridge in the closed position have an alternate route to reach the 
opposite side of the bridge.

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 (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 Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1.

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. Amend Sec.  117.171 by revising paragraphs (b) and (c) and adding 
paragraph (d) to read as follows:


Sec.  117.171  Middle River.

* * * * *
    (b) The draw of the Burlington Northern Santa Fe railroad bridge, 
mile 9.8 near Middle River Station, shall open on signal if at least 12 
hours notice is given to the Burlington Northern Santa Fe Railway 
Manager of Structures at San Bernardino.
    (c) The removable span of the Woodward Island Bridge, mile 11.8 
near Discovery Bay, shall be removed as soon as possible upon 
notification by the District Commander that an emergency exists which 
requires its removal.
    (d) The California Route 4 Bridge, mile 15.1, between Victoria 
Island and Drexler Tract need not open for the passage of vessels.

    Dated: December 9, 2020.
Brian K. Penoyer,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2020-28041 Filed 1-8-21; 8:45 am]
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