[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Rules and Regulations]
[Pages 88251-88253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28146]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0934]
RIN 1625-AA09


Drawbridge Operation Regulation; Turner Cut, Near Stockton, 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 Zuckerman Brothers (McDonald 
Island) bridge, mile 2.3, across Turner Cut, near Stockton, CA. This 
action is necessary to allow the bridge owner, Reclamation District 
2030 (RD2030), to complete design plans and conduct repairs to the 
bridge to bring it back to its normal operating status.

DATES: This temporary interim rule is effective from December 21, 2023 
through 5 p.m. on September 30, 2024.
    Comments and related material must reach the Coast Guard on or 
before January 22, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type the 
docket number (USCG-2023-0934) 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 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NOTD Notice of Temporary Deviation
PG&E Pacific Gas and Electric
Pub. L. Public Law
RD2030 Reclamation District 2030
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 secured closed and will be secured closed 
until design plans are finalized, coordination of construction schedule 
can be made with landowners and PG&E, contractor hired, and repairs 
completed.
    On June 21, 2023, RD2030 notified the Coast Guard that the 
Zuckerman Brothers (McDonald Island) retractable span bridge should not 
open for the passage of vessels. The cause was the gradual movement 
which squeezed the abutments towards the center movable steel section. 
The span cannot be opened without the risk of it being stuck in the 
open-to-navigation position. The Zuckerman Brothers (McDonald Island) 
bridge is the only road in and out of McDonald Island, which includes 
farms and a PG&E station and wells. The Coast Guard granted a Notice of 
Temporary Deviation (NOTD) from the operating schedule of the bridge, 
allowing the span to be secured in the closed position until repairs 
can be made. The NOTD will expire at 7 a.m. on December 18, 2023. The 
design, coordination of work with affected parties, and repair is 
delayed. The retractable span will not be operational at the expiration 
of the NOTD. The Coast Guard received the report of these delays on 
November 17, 2023. 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 because the retractable span of the bridge is currently 
secured closed and cannot be operated until repairs are 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 Zuckerman Brothers (McDonald Island) bridge, 
mile 2.3, across Turner Cut, near Stockton, CA. The Zuckerman Brothers 
(McDonald Island) bridge has a vertical clearance, in the closed 
position, of 16 feet at mean high water and unlimited vertical 
clearance when opened.
    The existing drawbridge regulation, 33 CFR 117.5, states that the 
draw of the Zuckerman Brothers (McDonald Island) bridge must open for 
vessels if a signal is given to do so. RD2030, the bridge owner, has 
requested this modification as additional time is required to complete 
bridge repairs.
    Drawtender logs from January 2022 through June 2023 indicate the 
span opened on average, 2 times in January; 1 time in February; 1 time 
in March; 3 times in April; 11 times in May; 8 times in June; 18 times 
in July; 6 times in August; 7 times in September; 4 times in October; 2 
times in November; and 3 times in December. No complaints have been 
received from mariners since the

[[Page 88252]]

retractable span was secured closed on June 21, 2023.

IV. Discussion of the Rule

    The Coast Guard is issuing this rule, which permits a temporary 
deviation from the operating schedule that governs the Zuckerman 
Brothers (McDonald Island) bridge, mile 2.3, across Turner Cut, near 
Stockton, CA. This rule allows the bridge to be secured in the closed-
to-navigation position through 5 p.m. on September 30, 2024.
    RD2030 hired an engineering firm as part of the design, planning 
and repairs of the bridge. RD2030 and the engineers are working to 
finalize the plans for the repairs. RD2030 is also coordinating 
construction time windows with landowners on McDonald Island. PG&E is 
currently conducting major well rehabilitation on the island and have 
limited windows where their access to McDonald Island across the bridge 
can be interrupted. These elements contributed to the delay in the 
repairs to the retractable span. Currently, the retractable span is 
secured closed until repairs are complete. The anticipated completion 
of the repairs is September 30, 2024.

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 (Modernizing Regulatory Review). 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 retractable span of the bridge, as of 
date of the publication of this rule, should not be operated for fear 
of becoming non-operational in the partially open position until 
repairs can be 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 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. 00170.1, Revision No. 01.3.


[[Page 88253]]



0
2. Add Sec.  177.T200 to read as follows:


Sec.  117.T200   Turner Cut.

    The draw of the Zuckerman Brothers (McDonald Island) bridge, mile 
2.3, near Stockton need not open for the passage of vessels.

    Dated: December 15, 2023.
Andrew M. Sugimoto,
Rear Admiral, U.S. Coast Guard Commander, Eleventh Coast Guard 
District.
[FR Doc. 2023-28146 Filed 12-20-23; 8:45 am]
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