[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 [www.gpo.gov]
[FR Doc No: 2022-03678]


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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.

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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 https://www.regulations.gov. 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 [email protected].

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]
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